1635: The village of Mattau

Add comment November 22nd, 2018 Headsman

On this date in 1635, Dutch soldiers occupying Formosa (Taiwan) massacred 26 people of the holdout aboriginal village of Mattau.

The Dutch had established themselves in southern Formosa from 1624 but their authority there was at first tenuous, and violently contested by some of the island’s natives. The Dutch spent the 1620s shoring up their Fort Zeelandia outpost and carefully noting the grudges to avenge.

Come 1635 the Europeans felt ready to deal out a little payback. First in line was a village some two or three thousand strong known as Mattau — today, the Madou District in the Tainan metropolis — whose people had bloodied the Dutch back in 1629 by repelling an expedition to the tune of 63 casualties.


Taiwanese aborigines, from Olfert Dapper, Gedenkwaerdig bedryf (1670)

The missionary Robert Junius left an account of how revenge was served:

It is well known to you all how some years ago the inhabitants of the village of Mattau most treacherously and shamefully killed sixty of your servants. On account of their great cunning they were most successful in their treachery, so that all of our people were killed without one of our enemies being even wounded. This was looked upon by them as a great unheard-of victory, and it filled them with pride. Not only Mattau but other villages, as Soulang and Bakloan, began to rebel against us, and matters took so serious a turn that we hardly ventured to set foot on Formosa. They even went so far as to hint that they would chase us from Tayouan. All this perplexed the Governor to such a degree that he scarcely ventured to leave the precincts of the Fort at night …

as long as Mattau remained unchastised the inhabitants showed a bold face, imagining that we had not the power, and did not dare to avenge the frightful crime that had been committed against us, by attacking their village. Consequently, we were regarded with very much contempt by all the people, especially by those of Mattau, who often showed how very little they were afraid of us, venturing not only to ill-treat the Chinese provided with our licences, but even tearing up Your Excellencies’ own passports and treating them with contempt. Governor Putmans, seeing how insolent these people had become, and that such conduct was no longer to be borne, very earnestly begged Governor-general Brouwer to send hither a sufficient military force to humble them and adequately defend the settlement. This enforcement of law and order was also very desirable on account of the Chinese residing here; because the security and prosperity of their sugar plantations required our protection against the natives, who were continually damaging them, as appeared from the many complaints that were made to us. Again, we who were occupied in the spiritual cultivation, with the conversion of these people of Sinkan — from time immemorial enemies of Mattau — foresaw that, if the people of Mattau were not humiliated, it was probable that one day this village would be fired by them and the inhabitants chased away; we then being left as shepherds without their flocks. In order that the foundation of our building might be rendered firmer in the future, the Governor-general was also requested by us to send a sufficient military force, and in the month of August 1635 the troops happily arrived.

After some deliberation about the place which should be first attacked, Governor Putmans decided to assault Mattau first and foremost; because the people there had done us most injury, and because victory could more easily be obtained by attacking a village in our neighbourhood than one village situated at a distance. Hence, on 22 November 1635 we received a communication from the Governor in which he desired us to meet him with some men of Sinkan. We resolved to do so next morning. We also told the Sinkandians what our plan was, and urged them to join us, so that the friendly relationship between us might thereby be rendered closer. To this they agreed.

We had not proceeded far on our march when the Sinkandians joined us, armed in their usual manner, thus proving their allegiance. They reported that one of the chief men of Mattau had been captured and put in irons in Sinkan. Soon after, we approached the village of Bakloan, very near which we had to pass. In order to prevent its inhabitants from taking flight, we endeavoured to calm their fears, assuring them that no harm would be done to them. Not far from Bakloan, we received tidings that the Sinkan men had already cut off a head, which they came to show while the blood was still flowing from it.

The sun was beginning to set when we reached the river near Mattau, and as the locality was quite unknown to us, many considered that it would be more prudent to pass the night on the bank of the river. But on His Honour receiving further information about the place, and hearing from the Sinkan men that the inhabitants of Mattau were preparing to flee, so as to leave us nothing but an empty village in the morning, he resolved to make victory all the greater by attacking Mattau that very night. Animated by the greatest courage, and heeding no obstacle whatever, we suddenly, to the great dismay of the inhabitants, appeared in the village, and the enemy did not venture to offer any resistance. Having passed along some of the streets, a rest was given to the men, a suitable place for passing the night was chosen, and the Sinkandians were securely placed in the midst of us. Next day the village was set on fire; and we found that in all twenty-six men of Mattau had been killed.

This demonstrative massacre, combined with the Lamey Island massacre a few months later, did vigorous work for the pacification campaign; not only the Mattau but other natives who heard news of the slaughter soon sued for peaceful submission to the Dutch hegemony — which in turn permitted the peaceable cultivation of Chinese sugar plantations most profitable to the Dutch East India Company.

That is, until a Chinese warlord chased the Dutch off Formosa in 1662.

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Entry Filed under: 17th Century,Borderline "Executions",Execution,History,Known But To God,Mass Executions,Netherlands,No Formal Charge,Occupation and Colonialism,Power,Summary Executions,Taiwan,Wartime Executions

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1813: A Nez Perce thief, by the Pacific Fur Company

Add comment June 1st, 2018 Headsman

On this date in 1813, Anglo-American fur trader John Clarke had an indigenous Nez Perce summarily hanged for stealing a goblet … dangerously poisoning relations between the respective communities in the Pacific Northwest.

We lay our day’s scene in the Oregon Territory, far frontier of then-only-prospective American continental expansion, beyond even the fathomless reaches of the Louisiana Purchase. The Stars and Stripes had penetrated there courtesy of the Lewis and Clark Expedition, but British, Spanish, and Russian expeditions had planted their own flags too, to say nothing of the claims of its native inhabitants.

And all these claimants had one common desire: the pelts of the beavers swarming that verdant sector.

The New York businessman John Jacob Astor bought a stake in the fur trade in the form of the Pacific Fur Company, and set down the outpost of Astoria, Oregon. (Astor was destined to become one of the republic’s early homegrown plutocrats, a fact which is merely incidental for our purposes. It was the fur business that propelled him to wealth.)

One agent of the P.F.C. was a singularly undiplomatic trader aged about 31 summers, John Clarke. Calling on a mixed Nez Perce-Palouse village to trade his canoes for horses to make an overland journey, Clarke was irritated to find that prices weren’t to his liking and the locals enjoyed pilfering his baubles.

American scribbler Washington Irving recorded the ensuing events:

[Clarke] was a tall, good-looking man, and somewhat given to pomp and circumstance, which made him an object of note in the eyes of the wondering savages. He was stately, too, in his appointments, and had a silver goblet or drinking cup, out of which he would drink with a magnificent air, and then lock it up in a large gardevin, which accompanied him in his travels, and stood in his tent. This goblet had originally been sent as a present from Mr. Astor to Mr. M’Kay, the partner who had unfortunately been blown up in the Tonquin. As it reached Astoria after the departure of that gentleman, it had remained in the possession of Mr. Clarke.

A silver goblet was too glittering a prize not to catch the eye of a Pierced-nose. It was like the shining tin case of John Reed. Such a wonder had never been seen in the land before. The Indians talked about it to one another. They marked the care with which it was deposited in the gardevin, like a relic in its shrine, and concluded that it must be a “great medicine.” That night Mr. Clarke neglected to lock up his treasure; in the morning the sacred casket was open—the precious relic gone!

Clarke was now outrageous. All the past vexations that he had suffered from this pilfering community rose to mind, and he threatened that, unless the goblet was promptly returned, he would hang the thief should he eventually discover him. The day [May 31st, 1813] gassed away, however, without the restoration of the cup. At night sentinels were secretly posted about the camp. With all their vigilance a Pierced-nose contrived to get into the camp unperceived, and to load himself with booty; it was only on his retreat that he was discovered and taken. At daybreak the culprit was brought to trial, and promptly convicted. He stood responsible for all the spoliations of the camp, the precious goblet among the number, and Mr. Clarke passed sentence of death upon him.

A gibbet was accordingly constructed of oars; the chief of the village and his people were assembled and the culprit was produced, with his legs and arms pinioned. Clarke then made a harangue. He reminded the tribe of the benefits he had bestowed upon them during his former visits, and the many thefts an other misdeeds which he had overlooked. The prisoner especially had always been peculiarly well treated by the white men, but had repeatedly been guilty of pilfering. He was to be punished for his own misdeeds, and as a warning to is tribe.

The Indians now gathered round Mr. Clarke and interceded for the culprit, They were willing he should be punished severely, but implored that his life might be spared. The companions, too, of Mr. Clarke, considered the sentence too severe, and advised him to mitigate it; but he was inexorable. He was not naturally a stern or cruel man; but from his boyhood he had lived in the Indian country among lndian traders, and held the life of a savage extremely cheap. He was, moreover, a firm believer in the doctrine of intimidation.

Farnham, a clerk, a tall “Green Mountain boy” from Vermont, who had been robbed of a pistol, acted as executioner. The signal was given, and the poor Pierced-nose, resisting, struggling, and screaming, in the most frightful manner, was launched into eternity. The Indians stood round gazing in silence and mute awe, but made no attempt to oppose the execution, nor testified any emotion when it was over. They locked up their feelings within their bosoms until an opportunity should arrive to gratify them with — a bloody act of vengeance.

Having made his grand gesture, Clarke quickly realized that he had enacted it while his small party was alone in an Indian village where they were at the mercy of their far more numerous hosts. Fearing a backlash, the white traders accordingly hightailed it back to Astoria, and then evacuated Astoria itself.

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Entry Filed under: 19th Century,Capital Punishment,Death Penalty,Execution,Hanged,History,Occupation and Colonialism,Oregon,Public Executions,Summary Executions,USA,Wrongful Executions

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1844: Samuel Mohawk

Add comment March 22nd, 2018 Headsman


Philadelphia Sun, March 26, 1884.

On this date in 1844, Samuel Mohawk, an indigenous Seneca Indian, was hanged for slaughtering Mary McQuiston Wigton and her five children in Slippery Rock, Penn.

Many witnesses noticed Mohawk in a violent rage as he traveled by stage from New York, and his mood grew fouler with drink and with the repeated refusal of hospitality by white establishments. It’s unclear what specific trigger turned his evil temper to murder at the Wigton residence — if there was any real trigger at all — but in his fury, he pounded the brains of his victims out of their skulls with rocks. The case remains locally notorious to this day, in part for being the first execution in Butler County.

I’d tell you all about it but the (inert but very interesting) blog YesterYear Once More has already got it covered.

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1882: Dead Shot, Dandy Jim and Skippy, mutinous Apache scouts

Add comment March 3rd, 2018 Headsman

On this date in 1882,* the U.S. Army hanged three White Mountain Apache scouts as mutineers.

This small tragedy in the long-running Apache Wars of the American Southwest had its seeds in the 1870s, when the Army forced onto the San Carlos reservation several bands of Apache peoples, including the Chiricahua, Yavapai, and the Western Apache nations of Tonto, White Mountain, and Cibecue.

The concentration proved potent, unexpectedly so since the tribes in question were not all on friendly terms with one another.

Noch-ay-del-klinne (many other transliterations are possible), an influential White Mountain medicine man of 36 summers or so — and a man who had been to Washington DC with a peace delegation and laid his own eyes on the encroaching industrial civilization — began cultivating something very like a ghost dance for the San Carlos Indians.

Though the ghost dance is most closely associated with the Lakota Sioux, several years and several hundred kilometers’ distance from the Apache of Arizona, the movement actually originated among the much nearer Nevada Paiute. Incarnations of ghost dancing throughout the American West gave a millenial expression to indigenes’ shared trauma of defeat, displacement, and death.

Noch-ay-del-klinne’s rituals were called Na’Ilde’, meaning raising from the dead,** and his prophesy that lost comrades would rise from their graves and the white man would vanish from Apache lands when the corn was ripe, spoke to that trauma for the denizens of the San Carlos reservation — and alarmed the U.S. Army troops stationed at nearby Fort Apache. Especially troubling was the “fraternizing that went on between tribes and elements of tribes which had always held for each other the most deadly aversion,” in the words of the later memoir of Thomas Cruse, who commanded the army’s company of native Apache scouts. He had granted leave for some of his scouts to attend these dances and didn’t like what he saw when they returned.

After the medicine dances began around the post I noticed a change. Generally they [the scouts] are very ready to communicate anything they know or may have seen, but after these dances they became very uncommunicative and would not tell anything that was going on among the other Indians or among themselves … when they came back they were not only exhausted and unfit for duty, but they showed surliness and insubordination. They grumbled constantly and made vague remarks about the country being theirs, not ours. Dozens of small incidents showed that something, or someone, was giving them new thoughts.

Cruse gave a grim — and as events soon proved, sound — assessment of his men’s unreliability: “he entirely distrusted his scouts in event of the rising of the White Mountains and believed all or nearly all would go with the enemy.” But the affirmative reply to Cruse’s plea to discharge the unit was delayed due to telegraph problems by the time that unit set out with Col. Eugene Asa Carr on an August 1881 mission to arrest Noch-ay-del-klinne.†

This incursion, which will set in motion dozens of untimely deaths, was entirely aggressive, justified by no act of overt hostility by the Apache. Although Cruse was writing many years after the fact, his complaints about his subalterns’ “surliness” and “new thoughts” have the ring of the boss’s know-your-placeism, as directed in this same period at social insubordination elsewhere in the American experiment — at organized labor, for example; or at Black men and women.

The army found the medicine man and took him into custody on August 30. That evening, as the troop bivouaced down for the night, Apaches began gathering ominously beyond their fringes. They were visibly armed, and unhappy about the unprovoked seizure of Noch-ay-del-klinne; according to an oral history relayed by Tom Friday, the orphaned son of one of the men destined for the gallows in this post, “All Cibecue Indian people know that the soldiers were coming. They were ready for them. They were ready to fight. They sent word to all Indians, ‘Come, clean your guns; get ready.’ … The Indians were very angry: they had done no wrong and could not understand why the soldiers would come.”‡

Whether upon an arranged signal or merely the alert of the sort of random confrontation this situation invited, those Apaches started firing at the army camp — and as Cruse had anticipated, his scouts in the breach adhered to their people, not the flag.

The Battle of Cibecue Creek could easily have wiped out the expedition, for as one of their number named William Carter later wrote, there were at the outset of “more than 100 Indians besides the scouts in camp, and less than forty dismounted men engaged in a hand-to-hand conflict.”

In averting catastrophe, Carr was one of four U.S. soldiers to earn the Medal of Honor for gallantry in the battle, repulsing the hostiles from the camp and scrambling his surprised men to hold off any further attacks until night dispelled the combatants. He also had Noch-ay-del-klinne summarily shot during the fight. Carter again:

Before leaving the field Colonel Carr sent Lieutenant Carter to examine the body of the Medicine Man and determine if life was extinct. Strange to say, notwithstanding his wounds [he’d been shot in the head -ed.], he was still alive. The recovery of this Indian, if left in the hands of his friends, would have given him a commanding influence over these superstitious people, which would have resulted in endless war. Colonel Carr then repeated the order for his death, specifying that no more shots should be fired. Guide Burns was directed to carry out the order with the understanding that a knife was to be used. Burns, fearing failure, took an ax and crushed the forehead of the deluded fanatic, and from this time forward every person murdered by these Apaches was treated in a similar manner.

Carr’s bloodied expedition proceeded that night upon a forced march for the safety of Fort Apache, reaching it the following afternoon — although “many of the Indians had preceded the command, and all night they were haranguing in the vicinity. They covered the roads and trails, and killed a number of citizens.” The fort came under a brief siege in the ensuing days, and hostilities in the resulting regional uprising dragged on for two years, concluding with the outcome customary for the Apache Wars.

Four of the absconded scouts were arrested in the months ahead and tried at court-martial. (Other captured Apache who were not enlisted in the army were not prosecuted for the firefight.) A Private Mucheco was sentenced to hard labor at Alcatraz. The other three, sergeants jauntily known to the whites as Dead Shot, Dandy Jim, and Skippy,

On the appointed day, per a detailed report in the New York Herald (March 4, 1882),

Wagons of all descriptions loaded with men anxious to see the execution of the Indian scouts, Dead Shot, Dandy Jim and Skippy, came pouring into this place from Wilcox, Thomas, Safford and all points from very early this morning. The time not being known at which the event would take place, there was a state of suspense until the moment arrived for the execution. The gallows was erected in front of the guard house and was fourteen feet high, with a platform six feet four inches from the ground and a distance of seven feet four inches from the floor to the gallows pole. The whole measured twelve feet in length by eight feet wide. The rope used was three-quarters of an inch thick and the drop was four feet six inches.

Dandy Jim, from this forum thread.

[On the scaffold] Dead Shot said he had nothing to say. What was being done was correct. He would probably meet his people. He had suffered much in this world and now he was through and would see his people. Since he first saw white men he had been well treated. He had plenty to eat and plenty of clothes, but this day paid for all he got from the white men. He also said Dandy Jim was a nephew and Eskiticha, or “Skippy,” a cousin of his. He had seen a good many of his people die and did not know where they went, but he was going to follow. He thought there was no use in dressing an Indian up as he was and then hanging him. When he came into San Carlos, if he had done anything wrong, he would not have given himself up, yet he gave up his rifle and the twenty rounds of ammunition that were furnished him at Camp Apache.

Dandy Jim said he had to be hanged, as such were the orders. He could not talk much. It was no use to beg for his life, as people would only laugh at him for his trouble. Eskiticha said: — “The sun is going down, and God is looking after me.” He did not think they were doing right, as he had never done anything to warrant being hanged.

The chaplain, Rev. A.D. Mitchell, then repeated a short prayer, which was interpreted by Merijilda, when all retired from the scaffold, except the hangman, a military prisoner. The black caps were then placed over the heads of the men, and at one o’clock the drop fell. Death was instantaneous in the case of Dead Shot and Eskiticha; Dandy Jim quivered once or twice. After being allowed to hang about twenty minutes they were cut down and pronounced dead by the doctors.

* The same date as an unrelated Mississippi double hanging, previously covered in these pages.

** According to John R. Welch, Chip Colwell-Chanthaphonh and Mark Altaha in “Retracing the Battle of Cibecue: Western Apache, Documentary, and Archaeological Interpretations,” Kiva, Winter 2005. Noch-ay-del-klinne had some exposure to Christian doctrine, which seems present in his own movement’s interest in resurrection.

† Also in the scouting party for this mission was famed frontiersman and eventual Executed Today client Tom Horn.

‡ Thomas Friday’s full account of this affair — which is a second-hand version, since Friday himself was a small child at this time — comes courtesy of William B. Kessel in “The Battle of Cibecue and Its Aftermath: A White Mountain Apache’s Account,” Ethnohistory, Spring 1974.

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Entry Filed under: 19th Century,Arizona,Capital Punishment,Death Penalty,Desertion,Disfavored Minorities,Execution,Hanged,History,Military Crimes,Mutiny,Occupation and Colonialism,Public Executions,Racial and Ethnic Minorities,U.S. Military,USA,Wartime Executions

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1525: Cuauhtémoc, the last Aztec emperor

Add comment February 28th, 2018 Headsman

Although the primary accounts — those by conquistadors Hernán Cortés and Bernal Díaz del Castillo, and historian Francisco Lopez de Gomara* — did not explicitly record the date, February 28 is the traditionally recognized anniversary of the execution of the last Aztec emperor, Cuauhtémoc.

A monument to Cuauhtemoc in Mexico City. (Author’s photo; public domain)

Cuauhtemoc (English Wikipedia entry | Spanish) was enthroned early in 1521, in a Tenochtitlan already in the train of devastation brought by the Spanish, which had over the preceding months laid low the Emperor Moctezuma II (by violence) and his brother Cuitlahuac (by smallpox, a disease that halved the city’s population within a year).

He was about 23 or 24 years old, a nobleman who must have distinguished himself in war — “a handsome man, both as regards his countenance and his figure,” in Bernal Diaz’s estimation; “a valiant man and a good warrior” by Gomara’s account.

And it would fall to him to bear his proud kingdom’s ruin.

Having previously been welcomed to Tenochtitlan as guests, Cortes and the Spanish had fought their way out and now returned as besiegers, joined by most of the Aztecs’ resentful former subject kingdoms. They soon had Tenochtitlan in a stranglehold, undaunted by the frightening sacrifice of captured prisoners.

all in a moment the large drum of Huitzilopochtli again resounded from the summit of the temple, accompanied by all the hellish music of shell trumpets, horns, and other instruments. The sound was truly dismal and terrifying, but still more agonizing was all this to us when we looked up and beheld how the Mexicans were mercilessly sacrificing to their idols our unfortunate companions, who had been captured in Cortes’ flight across the opening.

We could plainly see the platform, with the chapel in which those cursed idols stood; how the Mexicans had adorned the heads of the Spaniards with feathers, and compelled their victims to dance round the god Huitzilopochtli; we saw how they stretched them out at full length on a large stone, ripped open their breasts with flint knives, tore out the palpitating heart, and offered it to their idols. Alas! we were forced to be spectators of all this, and how they then seized hold of the dead bodies by the legs and threw them headlong down the steps of the temple, at the bottom of which other executioners stood ready to receive them, who severed the arms, legs, and heads from the bodies, drew the skin off the faces, which were tanned with the beards still adhering to them, and produced as spectacles of mockery and derision at their feasts ; the legs, arms, and other parts of the body being cut up and devoured!

In this way the Mexicans served all the Spaniards they took prisoners; and the entrails alone were thrown to the tigers, lions, otters, and serpents, which were kept in cages. These abominable barbarities we were forced to witness with our own eyes from our very camp; and the reader may easily imagine our feelings, how excessively agonizing! the more so as we were so near our unfortunate companions without being able to assist them. Every one of us thanked God from the bottom of his soul for His great mercy in having rescued us from such a horrible death!

Bernal Diaz

Wracked by famine after Cortes successfully cut off its food and water, Tenochtitlan succumbed that August. (The conquistadors found they could barely endure the stench of countless rotting bodies as they took control of the famished city.) When captured, Cuauhtemoc implored Cortes through tears (again according to Bernal Diaz),

I have done what I was bound to do in the defence of my metropolis, and of my subjects. My resources have now become entirely exhausted. I have succumbed to superior power, and stand a prisoner before you. Now draw the dagger which hangs at your belt, and plunge it into my bosom.

There would be no bosom-daggering. Cortes had a much worse fate in mind.

He saluted Cuauhtemoc for his intrepidity in defense, vowing to maintain the latter as the ruler of Mexico … Cortes’s ruler, to ratify the dictates of the conquerors, beginning with commanding his remaining loyalists to surrender. Cuauhtemoc obeyed, with what posterity can only guess must have been fathomless shame and sorrow.

Upon humiliation, Cortes heaped physical torture when the invaders’ ransack of their captured city turned up far less lesser quantities of material loot than they had anticipated — torture which Cuauhtemoc and a cousin-king of a loyal Aztec ally both endured heroically without augmenting the Spanish bottom line. Bernal Diaz once again:

The next thing which Cortes did was to collect all the gold, silver, and jewels that had been found in Mexico, of which, however, there was very little; for Quauhtemoctzin, it was said, had ordered all the treasures to be thrown into the lake four days previous to his capture. A great quantity had likewise been purloined by the Tlascallans, Tezcucans, Huexotzincans, Cholullans, and other auxiliary troops which had assisted us in the siege, besides what had fallen into the hands of the troops on board the brigantines.

The crown officials were positive that Quauhtemoctzin had concealed the greater part, and asserted that Cortes was very pleased that the monarch refused to say a word where it was hidden; for he would then be able to get the whole treasure into his own possession.

The officers then proposed that Quauhtemoctzin and the king of Tlacupa, his most intimate friend and cousin, should be put to the torture, in order to extort from them a confession as to what had become of the treasures: but Cortes could not make up his mind to insult so great a monarch as Quauhtemoctzin, whose territory more than trebled that of Spain, and that for mere lust after gold. Moreover, the monarch’s household assured us they had given up all the gold they possessed to the officers of the crown, which, it was well known, amounted to 380,000 pesos, the whole of which had been melted into bars; and one thing is certain, that the emperor’s and Cortes’ fifths were deducted from that sum; but the conquistadores were not at all satisfied, and considered this sum much below the real amount, and several expressed their suspicion to Alderete, the royal treasurer, that Cortes’ only reason for not wishing to put the monarch to the torture was, that he might secretly take possession of all his riches. Cortes, not willing that such a suspicion should any longer he upon him, or that he should afterwards be called to an account on this score, at last consented that both should be put to the torture.


Detail view (click for the full image) of David Alfaro Siquieros‘s monumental 1950-51 mural, The Torment of Cuauhtemoc.

Boiling hot oil was then applied to their feet; upon which they confessed that, four days prior to Quauhtemoctzin’s capture, all the gold, with the cannon, crossbows, and muskets, which we had lost in the night of sorrows, when we retreated from Mexico, besides those which had been taken in Cortes’ last defeat on the causeway, had been thrown into the lake. A number of good swimmers were then sent to dive for the treasure in the spot they pointed out, but nothing was found. Yet there was some truth in the statement; for I was myself present when Quauhtemoctzin led us to a large and deep reservoir of water, built of stone, which lay near his palace. From this reservoir we fished up a sun of gold similar to the one sent us by Motecusuma, besides many jewels and other trinkets, though all of little value. The king of Tlacupa also informed us that he had hidden all manner of valuable things in some large houses, about twelve miles from Tlacupa, and he would accompany us there to point out the spot where he had buried them.

Alvarado was then despatched thither with six soldiers, among which number I also was; but when we arrived at the spot, this king assured us he had merely invented all this in the hopes that we would have killed him in a moment of anger at our disappointment.

(Diaz later added that “the suspicion was become pretty general that he [Cortes] had concealed the greater part of Quauhtemoctzin’s treasure,” and indeed some disgruntled companions — unsatisfied with the share they had been allotted for so magnificent a conquest — would come to lodge this charge against Cortes formally with Emperor Charles V.)

Cortes eventually brought both these hostages/puppet kings/torture victims along with him on a 1524-1525 expedition to Honduras, perhaps to deprive them of any opportunity to rebel in his absence.

On the evening of February 27, Cortes received a report or a rumor that the Indian kings had rebellion on their mind just the same. The timetable from this report to execution is uncertain from the records, but if it was not within 24 hours it cannot have been much longer. Diaz, a hostile-to-Cortes witness here whose narrative indicates his dismay at proceedings, describes it thus:

I have now to relate a circumstance of a very different nature, which occasioned much grief to us all. Quauhtemoctzin and other Mexican chiefs who accompanied our army had, it would appear, spoken among themselves, or secretly determined to put the whole of us to death, then march back to Mexico, and assemble the whole armed power of the country against the few remaining Spaniards, and raise an insurrection throughout the whole of New Spain. This circumstance was discovered to Cortes by two distinguished Mexican chiefs, one of whom was named Tapia, and the other Juan Velasquez. This latter personage had been Quauhtemoctzin’s captain-general during our war with Mexico, and his testimony was borne out by the investigation which Cortes made into the matter, and by the confession of several of the caziques themselves who were implicated in the conspiracy. These men fearlessly declared, that seeing how carelessly and dispiritedly we roamed about; that numbers of the men were ill from want of food; that four of our musicians, with the buffoon and five soldiers, had died of hunger; and that three other men had turned back, more willing to run the risk of reaching Mexico again than of moving forward, the thought struck them that they could not do better than fall suddenly upon us while we were crossing some river or marsh, particularly as they were upwards of 3000 in number, all armed with lances, and several of them with swords. Quauhtemoctzin did not hesitate to acknowledge that these men had spoken the truth, but added that the conspiracy did not emanate with him, and that he himself had never for a moment contemplated carrying it into effect, but had merely spoken about it with the other caziques. All the cazique of Tlacupa confessed was, his having declared to Quauhtemoctzin that it was better to die at once than daily to have death before their eyes on these fatiguing marches, and see their countrymen and relations perish with hunger.

These were sufficient proofs for Cortes, and without any further ceremony he sentenced Quauhtemoctzin and his cousin the king of Tlacupa to the gallows. Before, however, this sentence was executed, the Franciscan monks, with the assistance of Dona Marina, strove to comfort these unfortunate men, and commended their souls to God. When they were being led to the place of execution, Quauhtemoctzin turned to Cortes, and said: “Oh Malinche! I have for a long time perceived, from your false words, that you had destined me for such a death, because I did not lay violent hands on myself when you entered my city of Mexico! Why are you thus going to put me unjustly to death? God will one time ask this of you!”

The king of Tlacupa said, he could only rejoice in a death which he would be permitted to suffer with his monarch Quauhtemoctzin.

Previous to their being hung, both these unhappy caziques confessed to father Juan, who understood the Mexican language, and they begged of him to commend their souls to God. For Indians they were good Christians, and they died in the true faith, and fully believed in our holy religion.

The death of these two monarchs grieved me excessively, for I had known them in all their glory, and on our march they honoured me with their friendship, and showed me many little attentions; for instance, they would often order their servants to go in quest of fodder for my horse; besides which, they were innocent of the guilt imputed to them, and it was the opinion of all who accompanied this expedition that they were put to death unjustly.

But I will leave this miserable subject, and return to our march, on which we henceforth observed the utmost vigilance, for we greatly feared the Mexicans might rise up in arms against us, after they had thus beheld their monarch ignominiously hung by the neck from a tree. But hunger, fatigue, and sickness weighed heavier upon their minds than the misfortune of Quauhtemoctzin.


Detail view (click for the full image) of the “rebel” kings hanged from a tree.

Gomara and, of course, Cortes characterize the accusations against the Indian kings as true and the proceedings against them lawful. From the footnotes in this same Bernal Diaz volume, we have this from the later Jesuit historian and ethnographer Juan de Torquemada, who was fluent in Nahuatl:

I find it differently represented in a history written in the Mexican language, and which I believe to be perfectly correct. While Cortes (the Mexican author says) was quartered in a certain township, the Mexican chiefs one evening began to discourse among themselves about the recent hardships they had suffered, and Cohuanacotzin said to Quauhtemoctzin, to Tetlepanquetzaltzin, and to other distinguished Mexicans, ‘Thus you see, gentlemen, from kings we are become slaves, and we suffer ourselves to be led about by Cortes and this handful of Christians. If we were other people than we are, and would break through the promise we have made these Spaniards, we could play them a pretty trick here, and revenge ourselves upon them for all they have done to us, and the ill-treatment my cousin Quauhtemoctzin has suffered at their hands.’ To this the Mexican monarch replied, ‘I beg of you Cohuanacotzin to drop this subject, lest some one should overhear us, and imagine we were in earnest.’ It appears (continues Torquemada) that they were indeed overheard, for the whole of this discourse was reported to Cortes by a low-minded Mexican of the lower classes.

By law, Mexican flags fly at half-staff in his honor on February 28.

* These texts are cited throughout the post, but for ease of reference … Bernal Diaz: Memoirs of the Conquistador Bernal Diaz del Castillo, vol. 1, vol. 2 | Gomara: The Pleasant Historie of the Conquest of the West India; now called New Spaine | Cortes: History of New Spain, which is a Spanish text as I could not locate an English translation. However, even the Anglophone is liable to appreciate (from p. 225) the illustrations of Indian material culture observed by the Spaniards.

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1673: Kaelkompte and Keketamape, Albany milestones

Add comment February 15th, 2018 Headsman

On this date in 1673, Indians named Kaelkompte and Keketamape were sentenced to hanging and gibbeting for the murder of an English soldier near Albany, New York. (The date this sentence was executed, if it was not immediate, has been lost to history.)

This place had been known as Beverwijck up until a few years prior, when the English gave it its new and still-current christening* after taking away New Netherland during the Second Anglo-Dutch War. The transition of its legal organs was a more gradual process — with a long survival of Dutch practices upon which the English were gradually overlaid.

The case at hand was a milestone in that jurisprudence: it appears to be the first documented jury trial (pdf) in Albany — a practice imported from England and reflective of the growing sway of the new boss.

Jury trials did not from that point become universal practice, however, and their use in this instance might have connected to the unusual nature of the prosecution.

Lying at the most northerly navigable point of the Hudson River, at the frontier of the powerful Mohawk and dependent upon they and other friendly indigenes to facilitate its fur trading, Albany kept a practiced blind eye when it came to Indian crimes. The 1665 murder of a Dutchman, the last previous documented homicide between the peoples, appears to have gone completely unpunished: in practice, intercultural grievances were settled privately, if at all.

But English law at least aspired to a more totalizing view and when one of the King’s subjects was murdered by natives who were not members of the powerful Iroquois confederation, it found its ideal test case — as we see in Courts Minutes of Albany, Rennselaerswyck and Schenectady, 1668-1673 (landing page | specific pdf volume). The ability of Albany to impose not only hanging but a potentially provocative gibbeting in this instance essentially confirmed the precedence of colonial jurisdiction over the smaller Hudson tribes. (The Iroquois were quite a different question and maintained expansive rights against the European encroach even into the post-colonial era.)

Kaelkompte, a northern Indian, from Narachtack castle, appearing in irons before the court, was asked whether he had any objection against any of the 12 jurymen standing before him?

Answered, that none of them had done him any harm.

Thereupon 12 jurors were sworn, as shown by the list, to do justice between the king and the prisoner.

As to the first point of the preliminary examination, as to conspiracy, etc., Kaelkompte answers that Keketamape asked him in the woods whether Stuart had any goods? To which he replied that some time ago he had seen three blankets and some coats there. Also, that Keketamape, sitting with him near the fire in the woods, said to him: “I shall kill Stuart.”

Whereupon Kaelkompte, saying that he did not quite understand, asked him: “W hat did you say? You wish to kill Stuart? If you kill him, you will kill yourself.”

Nota Bene. Here followed the further circumstances of the case. From the proceedings and the further documents it appears that Keketamape confessed that he was guilty of the murder.

Dirck Wessels, Meyndert Hermansz, Johannes Wendel, Willem Nottingam and Jan Jacobsz declare under oath that some time ago, being with the prisoners, listening to their caviling, [they heard] Keketamape say to Kaelkompe: “You killed Stuart and you say that I did it all.” Kaelkompe replied to this: “You did too.”

Kaelkompte acknowledges that he said it, but [declares] that it was longer ago than they say.

Indictment read to Keketamape and Kaelkompte

Keketamape admits that he had a hand in the murder and that he is guilty of having killed Stuart.

Kaelkompte admits that he consented by using these words: “There he is now. First kill him!” But he denies that he is guilty of the killing and says that he is not a bit afraid. He admits further, upon conviction by the interpreters, that he helped to kill Stuart by [the words of] his mouth.

The jury, having carefully weighed and considered the case according to the evidence, informations and confessions, conclude and decide that Keketamape and Kaelkompte are guilty of the murder of the person of Mr Stuart.

Sentence

Therefore, their honors sitting as this Special Court of Oyer and Terminer, having duly taken into account and considered the proceedings and also the verdict of the twelve jurymen that according to the documents placed into their hands the said Kaelkompte and Keketamape are guilty of the murder of the aforesaid Jan Stuart, condemn them both, as they condemn them hereby in the name of his Royal Majesty of Great Britain, under the government of the Right Honorable Colonel Francis Lovelace, to be brought together to the place of execution to be hanged by the neck until they are dead, dead, dead, and thereafter to hang in chains. Actum in Fort Albany, the 15th of February 1672/73.

By order of the honorable Court of Oyer and Terminer
Ludovicus Cobes, Secretary

One of the jurors in this trial, Willem Teller, might have been the same man at issue in a case five years later when “a certain squaw was shot dead at the house of Teller, burgher of this city.” The court found it an accident and ordered him to pay the Mahican nation fifty florins: laying aside any question of proportionality, this later case also demonstrates English courts successfully asserting their rights over violence between peoples that formerly would have been settled in private.

* The name “Albany” honored the Duke of Albany, the man who would eventually be King James II … until he was deposed by a Dutchman.

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1781: Twelve Aymara rebels

Add comment October 26th, 2017 Headsman

My very esteemed friend. [I write to you] in the midst of all the travails I have suffered during these two sieges, the first lasting 109 days and the second 15. In both of them, more than 14,000 will have perished in this unhappy city, the great majority through starvation; others were shot, and still others were beheaded by the rebels in the fields that many attempted to cross even though they knew that the rebels would not show them any mercy if they looked Spanish in any way …

There is no Indian who is not a rebel; all die willingly for their Inca King, without coming to terms with God or his sacred law. On October 26th twelve rebels were beheaded and none of them were convinced to accept Jesus; and the same has happened with another 600 that have died in executions during both sieges …

In these nine months we have survived eating biscuits and to do this we hae been taking the tiles from the roofs of our houses. I, who find myself taking care of the gunpowder during the day, have estranged almost all the city. Nobody wants to fight willingly … I have threatened them with military execution and have promised to spare their heads as long as they obey me …

More troops are needed from both Viceroyalties or from Spain, some 8,000 to 10,000 men to make Our Sovereign’s name respected throughout the entire Sierra and to finally, once and for all, cut off some heads and be finished with all these cursed relics. We need, I repeat, seasoned troops and these as soon as possible.

-Juan Bautista de Zavala, in a November 1781 letter after surviving Tupac Katari‘s 1781 indigenous siege of La Paz (via The Tupac Amaru and Catarista Rebellions: An Anthology of Sources)

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1815: St. Peter the Aleut, the martyr of San Francisco

Add comment September 24th, 2017 Headsman

September 24 is the feast date in the Orthodox Christian tradition of Peter the Aleut.

As one might infer from his sobriquet, Peter the Aleut* — Chukagnak, to call him by the name of his birth — was a North American indigene whose canonization story features cultural collision all the way down.

Originally from Kodiak Island, Peter’s soul was won for Christ via the Russian Empire’s eastward expansion across the Bering Strait to Alaska.

Come the early 19th century the Russian-American Company that was Moscow’s chartered vehicle in the colonization game had pressed south seeking more favorable climes** with a fort in northern California supplying a network of outposts that stretched far south as Bodega Bay,† near the present-day San Francisco area.

Russia’s southerly excursions would collide with Spanish exploration pressing north: in their intersection lies the context for Peter the Aleut’s martyrdom.

The story in a nutshell is that a party of Alaskan natives in California under Russian colors was caught out hunting seals or otters by Spanish soldiers who took them captive. Peter and another Alaskan native convert called Ivan Kiglay were eventually left imprisoned together in a Spanish mission and ordered to convert to Catholicism on pain of death. When they refused, Peter was indeed slain — horribly tortured to death by having his extremities cut away while living, before finally being disemboweled.

Ivan Kiglay is the eyewitness source of this information, spared from sharing Peter’s chalice for unclear reasons. The blog OrthodoxHistory.org has done yeoman coverage of this controversial event or “event” and its overview post “Is the St. Peter the Aleut Story True?” is well worth exploring.‡ In 2011, the same site posted a rare English translation of the original Russian-language Ivan Kiglay deposition, excerpted (lightly tidied) below:

Missioners and the leader of the named above mission (whose name he does not remember) made a request to all the Kodiak dwellers to convert to the Catholic religion, to which they replied that they have already converted to a Christian religion on Kodiak, and they do not want to convert to any other religion. In a short time, Tarasov and other Kodiak dwellers [i.e., all the other Alaskans] were transferred to Saint Barbara. Though he (Kiglay Ivan) and wounded Chukagnak, were left in the mentioned mission, were kept with Indian criminals in the prison for several days, without food and water.

[One night] the chief of the mission brought the order to convert but they did not comply, despite the critical situation that they faced. On the sunrise of the next day a religious clerk came to the prison, accompanied by betrayed Indians, and called them out of the prison; Indians surrounded them, and by order started to cut (chop) Chukagnak’s fingers by articulations, from both hands and [after that] arms, and in the end cut his stomach (abdomen), by that time, he was already dead. That should have happened also to Kiglay, but at that time to the priest was brought a paper (he does not know from where and from whom). After reading that, [the priest] ordered to bury the body of the dead Chukagnak from Kasguiatskovo in the same place, and he [Kiglay] was sent back to prison.

Ivan Kiglay himself only delivered this information in 1819, four years after the alleged events, because he had ultimately to escape from a period of Spanish enslavement. In 1820 the Russian-American Company official Symeon Ivanovich Yanovsky forwarded the same report to a monastery in the motherland along with his endorsement of Ivan’s credibility (“He is not the type who could think up things”).

Unless you’re cocking an eyebrow at the convenient and mysterious last-second reprieve, there’s no particular reason to doubt the sincerity of the original deposition or of Yanovsky as interlocutor. However, there’s also no apparent corroboration of the incident known from Catholic records and the forced conversion backed by such an outlandish murder seems at odds with Spanish behavior on this particular frontier. A much later sentimental embroidery by Yanovsky from 1865 blurs the Peter story into outright hagiography. The documentary trail is so thin and questionable that everything about Peter the Aleut down to his actual existence has been hotly debated since.

Russia’s probes of California came to naught, of course — and Spain’s too for that matter, considering the Mexican War of Independence already in progress in this decade. All this land, and Alaska too, were marked for a different empire rising on the far side of the continent … and Russia’s Alaskan evangels would not in the end extend the Third Rome into the New World, but instead form the germ of the Orthodox Church in America. Today, St. Peter the Aleut is honored by Orthodox communities throughout the United States as the “martyr of San Francisco” (although this proximity for the martyrdom is also uncertain).


Shrine to Peter the Aleut in Kodiak, Alaska. (cc) image by Jesuit anthropologist Raymond Bucko, SJ.

* The descriptor “Aleut” was applied indiscriminately here, but by now it has the blessing of tradition. A more discriminating ethnography would reckon Peter and his Kodiak origins not an Aleut (from the Aleutian Islands) but an Alutiiq.

** Apart from the events narrated in this post, the Russian-American Company also dropped a fortress on Hawaii and even attempted an ill-considered takeover.

† Arriving there long before Alfred Hitchcock.

Our grim site does not pretend an opinion on whether and how religions ought to enshrine their saints … but for those curious about how St. Peter’s questionable historicity plays vis-a-vis his canonization, OrthodoxHistory.org has you covered.

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1598: Lucas, waterboarded Guale

Add comment July 29th, 2017 Headsman

On this date in 1598, the indigenous Guale youth called Lucas was hanged by the Spaniards in St. Augustine, Florida, for his supposed part in the prior year’s massacre of five Franciscan missionary friars during a 1597 Guale revolt.

This entire tragic affair, documented poorly and with partiality in Spanish sources, remains an interpretive palimpsest to the few who are familiar with it. Historian J. Michael Francis grapples with it in Murder and Martyrdom in Spanish Florida: Don Juan and the Guale Uprising of 1597; a recent talk by the latter at the U.S. Library of Congress delves into the “400-year-old murder mystery”:

The key primary source for this event is Luis Jerónimo de Oré’s text The Martyrs of Florida, from approximately 1619. (Here’s a public domain English translation) The titular “Florida” as claimed by Spain in the New World colonization scramble was a much larger territory than the present-day U.S. state, peninsula, and running Internet gag; hence, the Guale territory relevant to this post lies on what is today the Georgia coast.

Ore informs us that “an Indian youth, who was a Christian and heir to the caciquedom,” was incensed when the Franciscan resident at the settlement of Tolomato presumed to disallow him a second wife.

This cacique and two other Indians, like him, given to the same immoral practice, went into the interior among the pagans, without saying anything or without obtaining permission as they were wont to do on other occasions. After a few days they returned at night with many other pagan Indians, painted and smeared with red paste, and with feathers on their heads. This among them is a sign of cruelty and slaughter.

Thus fearsomely attired, they burst upon the hut of the prudish Fray Pedro de Corpa and butchered him, setting up his head on a spear. Having done this, the angry cacique — who is known only as Juanillo, which is sometimes the name given to this rebellion — ordered other Guale to treat their nosy proselytizers likewise. As a result, four other Franciscans — Fray Miguel de Aunon and a lay brother on St. Catherine’s Island, Fray Bias Rodriguez at the mission village of Santa Clara de Tupiqui, and Fray Francisco de Verascola on Asao — were all murdered within days. A couple of other missionaries had very close escapes.


Map of the relevant part of the Georgia coast.

Besides these, a Fray Francisco de Avila was kidnapped and held hostage for ten months. Although cruelly tortured, Avila would survive captivity and produce a narrative of his own, one that Ore includes wholesale in his volume as a standalone chapter.

In the course of the ensuing Spanish raids on the Guale, the Spanish captured seven boys or young men and interrogation zeroed in on one of them: the son of the cacique of Tupiqui, who appeared as a possible participant in murdering Fray Bias Rodriguez.

Lucas was reticent on the point but after being subjected to the water torture he allowed that “he arrived in time to see Fray Bias die,” and this confession of his presence sufficed to condemn him. He was the only person judicially executed in the course of the entire revolt.

In view of said declarations of these proceedings, the crime falls upon Lucas the Indian, son of the Cacique de Tupiqui, for having been present and participated in the killing of Fray Bias, who was sent to convert the people of Tupiqui. I must condemn him by this my decree, sentenced according to his declaration, with the penalty of death. The justice which I order shall be done him is: That when he leaves the jail where he now is, it shall be with a rope around his neck, his hands tied behind him, and with a loud voice it must be proclaimed to the public his crime; that he be taken to the gallows, already prepared for this purpose, and that there he shall be hung by the neck and strangled until dead. Because, thus is it well to punish with real justice those who dare to commit such crimes, and as an example to the other Indian natives of these provinces that they may not commit similar crimes. So do I pronounce sentence and command.

And if the said Lucas is not mindful of receiving baptism and should not die repenting, and in the Catholic faith, I order that he be hung and after his death his body be burned to powder.

Gonzalo Menendez de Canco, Governor of Florida (Source)

Interpretations of the whole affair have always been driven by Ore’s narrative: either the surface reading of it, that Juanillo and company found monogamy irksome and preferred, in Ore’s words, “to give rein to their sensuality and unlawful pleasures”; or, a converse take for the era of decolonization, that the cultural interference of the Spanish empire triggered a native backlash for whom the friars were the ready-to-hand targets. In either version, the rebellion flourishes briefly but ultimately fails.

Francis in his book and the video above offers a very different reading: as a successful revolt authored by a different cacique, Don Domingo of Asao, who violently renegotiated the local balance of power** and thereby displaced the caciques of Tolomato as the paramount chiefs of the Guale. As a particularly gruesome coda, Domingo made successful obeisance to the Spanish and obtained the crown’s blessing for an expedition to destroy Juanillo, whom he blamed for the disturbance. After capturing the rebels’ last redoubt (beheading Juanillo in the process), Domingo ordered the surviving women to scalp their own men. Now that is paramount chiefdom.

Domingo appears to have maintained his preeminence among the Guale for the balance of his years — backed by and partnering with the Spanish, to the happiness of evangelizing clerics who were never more disturbed. A few years later, the Spanish even plopped down a new mission in his very own native soil … Santo Domingo de Asao.

* The Guale people are thought to have been subsumed into the Yamasee.

** View the Spanish arrivistes, who had a handful of small settlements rather than the dominating presence that their globe-straddling empire might suggest, as just “another powerful Mississippi chiefdom” to local eyes. (Source of this characterization)

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1821: Tommy Jemmy executes Kauquatau

Add comment May 2nd, 2017 Headsman

On this date in 1821, a chief of the Seneca Native American nation slit the throat of a woman named Kauquatau, who had been condemned as a witch.

As Matthew Dennis explains in his book on the Seneca of the early American Republic, Seneca Possessed, the rapid march of European settlement and the Seneca’s recent and ambiguous incorporation into the newborn United States had strained the indigenous society in complex ways.

One of those reactions was a period of gendered witch-hunting in the early 19th century, especially growing out of the religious movement of the prophet Handsome Lake.

“Handsome Lake pinpointed the dangers the Seneca faced, the threats that they faced, the source of those threats, and a way … of purging his society of those who were most likely to resist his changes,” Dennis explained in this New Books Network podcast interview.

The “threat” for the instance at hand was a tribal healer who had become suspected of bewitching a man to his death — and her guilt in the same voted on by the Seneca elders. One of their number, Chief Soonongise — known as Tommy Jemmy to whites — went to her cabin on May 2, 1821, and killed her. It’s anyone’s guess whether Kauquatau realized what was happening — whether she took it as a social call or recognized her angel of death from the outset. But to New Yorkers, it was murder plain as day — and Tommy Jemmy was soon confined to a gaol to stand trial for his life.


Another reaction occasioned by the upheaval of those years, a reaction destined to emerge dramatically in this instance, was a feeling-out of the Seneca people’s position within the Anglo Republic that had engulfed it. “If the Senecas were a conquered people, as some tried to allege, the terms of their conquest were ill defined, their sovereignty, though diminished, still recognizable,” Harris writes. In these very pages we have met this ill-defined sovereignty several times: a few years on from the events of this post, the state of Georgia would defy a Supreme Court stay and execute a Cherokee man in a case turning on disputed sovereignty.*

Here in New York, Tommy Jemmy’s trial would open a different contest over the same underlying question.

Rather than attempting to deny or minimize his “crime,” Tommy Jemmy defended it as a legal execution conducted by the proper jurisdiction of Seneca laws — no matter for the interference of New York. It’s a position that appeared to have ample sympathy among Anglo New Yorkers,** who gingerly kicked the argument to a Circuit Court and thence to the New York Supreme Court which found itself thereby obliged to “a very thorough examination of all the laws, treaties, documents and public history relating to the Indians” going all the way back to the Dutch. (Cherry-Valley Gazette, Aug. 21, 1821)

What musty old scrolls could supply by precedence, the luminous Seneca orator Red Jacket brought to life in his forceful defense. Red Jacket had an expert feel for the pangs in the Anglo conscience, as one can appreciate by his retort against one obvious line of condescension.

What! Do you denounce us fools and bigots because we still believe what you yourselves believed two centuries ago? Your black-coats thundered this doctrine from the pulpit, your judges pronounced it from the bench, and sanctioned it with the formality of law; and would you now punish our unfortunate brother for adhering to the faith of his fathers and of yours? Go to Salem! Look at the records of your own government, and you will find that thousands have been executed for the very crime which has called forth the sentence of condemnation against this woman, and drawn upon her the arm of vengeance. What have our brothers done more than the rulers of your people? And what crime has this man committed, by executing in a summary way the laws of his country and the command of the Great Spirit?

It was by no means certain that Tommy Jemmy’s argument would prevail here; a literally simultaneous case in Michigan saw a native defendant make a similar jursidictional argument and still wind up on the gallows. The question in the end stood outside any existing grant of law — and it was resolved in a legally questionable way, too.

Accepting the merits of Tommy Jemmy’s position but also unwilling to render Indian power over life and death into the statutes, Tommy Jemmy was set free without any judgment and subsequently pardoned by the legislature — the pardon reversing no conviction. He was an executioner, after all.

* U.S. President Andrew Jackson vigorously supported the state in this separation-of-powers dispute: it’s the case of which he alleged to have remarked, “[Chief Justice] John Marshall has made his decision; now let him enforce it.”

** In an essay appearing in New World Orders: Violence, Sanction, and Authority in the Colonial Americas, Dennis notes the precedent here of an 1802 trial involving a Seneca man named Stiff-Armed George. Although Stiff-Armed George murdered a white victim and not on Seneca land, Red Jacket also urged a defense, successfully: “Did we ever make a treaty with the state of New-York, and agree to conform to its laws? No. We are independent from that state of New-York … we appeal to the government of the United States.” (The Seneca did have treaties with the federal government.)

They finessed the issue in the end: Stiff-Armed George was convicted, but immediately pardoned.

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Entry Filed under: 19th Century,Borderline "Executions",Capital Punishment,Crime,Death Penalty,Execution,History,New York,Notable Jurisprudence,Occupation and Colonialism,Put to the Sword,USA,Witchcraft,Women

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