1767: Tom, slave of the Baylor family

Add comment October 15th, 2017 Headsman

From The Baylors of Newmarket: The Decline and Fall of a Virginia Planter Family, by Thomas Katheder. The specific “Baylor” referenced in this text is John Baylor III, a slave merchandising heir then in the midst of squandering the family fortune through his passion for horseracing. (In the latter capacity, Baylor also imported the legendary colonial stud Fearnought.) Baylor died in 1772, still straining his creditors for maintenance of his oligarchic station … but his son John Baylor IV died in a debtor’s prison that his “gentleman justice” father had helped to construct. We have the date of the hanging, although not the explanation for the delay between trial and execution, via a different book, Murder at Montpelier.

In colonial Virginia, the county courts, which were controlled by “gentleman justices” like Baylor, governed the counties with an oligarchic, unchecked, and largely self-perpetuating rule utterly unthinkable in modern America. [sic]

With legislative, executive, and judicial functions combined into a single governing body, the county courts impacted the day-to-day lives of Virginians more than any other civil authority. The county court adjudicated most civil matters, including debt and contract disputes, presided over nonfelony criminal cases (accused felons were bound over for trial at the General Court in Williamsburg), and determined whether wills were admitted to probate and whether deeds, mortgages, or other instruments were worthy of being recorded in the county records.

The justices established the amount of the county levy each year and decided who was exempt from taxation and exactly how the money would be spent — no road, bridge, or public building could be built without their approval. They issued bonds, permits, and licenses, including permits for ferries and mills, as well as licenses for taverns and inns; they even set the prices that could be charged for alcoholic beverages.

They appointed all county officers, including tax collectors, the county clerk, militia officers, the coroner, and the sheriff (some of these positions were subject to the royal governor’s usually perfunctory assent). As historian Jack P. Greene points out, in colonial Virginia “[n]ot a single local civil or judicial officer was elected.”

The justices also apprenticed orphans to artisans or tradesman; they fined the parents of illegitimate children or sometimes ordered they be publicly whipped; and they put able-bodied paupers to work or exiled them from the county if they were from somewhere else (under ancient English custom and law the poor were supposed to be dealt with in their home communities.)

The justices were most powerful when they sat as a “Court of Oyer and Terminer” under special commission from the governor. In that capacity the justices could — and did — try slaves for capital offenses and order their execution, without any right of appeal.

In the summer of 1767 one of Col. Baylor’s slaves, Tom, was tried and found guilty of breaking into a white planter’s house and stealing items worth about five shillings. The Orange County Court, presided over by James Madison Sr. (father of the future president) [and a man who had lost his father to an alleged slave murder -ed.], noted that Tom was “precluded from the Benefit of Clergy” because he had already received it once before and ordered him executed.

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1732: Pompey, poisoner of James Madison’s grandfather

Add comment September 7th, 2015 Headsman

On this date in 1732, a Virginia slave entered American presidential lore at the end of a noose.

The Madisons were “planters, and among the respectable though not the most opulent class”* resident in Virginia from the 1650s or so — and would in time bequeath the new American Republic its fourth president, James Madison.

We are concerned for today’s post with President Madison’s paternal grandfather, Ambrose Madison. Alas, concern will not necessarily translate to elucidation, for most of the Madison family’s records and correspondence were destroyed in the 19th century: the first Madison generations are shadowy historical figures. Ann Miller has pieced together the fragments in the short book “The Short Life and Strange Death of Ambrose Madison”, published by the Orange County (Va.) Historical Society, and that is the primary source for this post.**

Ambrose Madison was a local grandee of King and Queen County, with landholdings elsewhere in Virginia; it was Ambrose Martin who in the 1720s acquired (via his father-in-law, a land surveyor) the Orange County grounds that would become the great Madison estate Montpelier.

In 1732, Madison moved his family to the Montpelier property. By that time, he controlled 10,000 acres in present-day Orange and Greene Counties, and was gobbling up land elsewhere — like the new frontier of westward settlement, the Piedmont.

And of course, Madison owned human beings, too. The inventory of his estate from 1732 lists 29 black slaves by their first (sole) names: ten adult men, five women, and 14 children.

In the summer of 1732, Ambrose Madison took ill and started wasting away towards death. The fact was apparent to Madison and those around him; the last weeks of his life were taken up in settling affairs. (He made out a will on July 31.)

Shortly before Madison’s death on August 27, two of his slaves — a man named Turk and a woman named Dido — along with another slave, Pompey, property of a neighboring plantation, were arrested on suspicion of having poisoned Madison. No record survives to indicate how or why they would have done so.

If grievances can only be guessed-at, they are not difficult to guess. At the same time, for aught we know the trio might have been falsely accused: there had never been a murder in the vicinity, but Madison’s death came just months after a gang of slaves committed a series of armed robberies and shot at three white people.† As we have seen from later and better-documented slave resistance, southern whites were prone to great paranoia where the prospect of servile rebellion was concerned. And as Madison was a healthy fellow in his mid-thirties, attributing his unexpected death to poison was a natural move.‡

As Miller notes,

It is likely that Ambrose Madison’s case sent ripples of fear — even panic — through the region … the court [appeared] eager to have a quick trial (and, perhaps, to make quick examples of those found guilty and hopefully deter any other slave rebellions).

All three slaves were convicted together on September 6 of “feloniously Conspiring the Death” of Ambrose Madison. Pompey hanged the next day — after he’d been appraised (at £30) to compensate his owner for the destruction of property. Turk and Dido were only found to be “concerned in the said felony but not in such a degree as to be punished by death but … by Whipping.” They suffered 29 lashes apiece “on their bare backs at the Common Whipping post, and thereafter to be discharged”.

We must deny the fact, that slaves are considered merely as property, and in no respect whatever as persons. The true state of the case is, that they partake of both these qualities: being considered by our laws, in some respects, as persons, and in other respects as property … Let the compromising expedient of the Constitution be mutually adopted, which regards them as inhabitants, but as debased by servitude below the equal level of free inhabitants, which regards the slave as divested of two fifths of the man.

-(Future President) James Madison awkwardly defending the three-fifths compromise in the Federalist #54

Madison’s principal heir was his only son, James — a nine-year-old boy at the time of the events in this post.

The family brush with slave revolt did not deter this future Col. Madison from resuming (once he came of age) the family trade in land acquisition. He had 108 slaves of his own by the time that he died in 1801.

Col. Madison’s more famous son, the U.S. “founding father” and eventual president also named James, had slaves in the White House but was deeply conflicted about the horrid institution.

“He talked more on the subject of slavery than on any other, acknowledging without limitation or hesitation all the evils with which it has ever been charged,” a slavery abolitionist who visited Madison (post-presidency) reported of the evening’s tete-a-tete. “Mr. Madison spoke strongly of the helplessness of all countries cursed with a servile population, in a conflict with a people wholly free.” Madison eventually came to support the fantastical solution of resettling U.S. slaves to an African colony; still, beset by debts, he never quite saw his way to manumitting his own slaves — not even in his will.

Whether the fate befalling his grandfather ever entered into President Madison’s considerations on the subject is left to posterity’s imagination; the documents surviving in his hand never mention anything about grandpa Ambrose.

* Per James Madison, Sr., Ambrose Madison’s son and the U.S. president’s father.

** Since the primary sources available are so scarce, there seems to be little that can be said with confidence of Ambrose Madison’s personality. Miller suspects him a skinflint, on the basis of a merchant’s exasperated correspondence: “I am sorry to find you complain of the cost of the Goods I sent you” … and the same man again two years later: “have Ship’d the Goods you ordered … I don’t expect that you’ll like the Cotton, you order the Cheapest.”

† A slave named Jack, owned by Mildred Howell, was hanged on May 2, 1732 for this affair. The fate of his seven compatriots history passes over in silence.

‡ Miller notes in an appendix several other trials of slaves for poisoning in 18th century Virginia, including some that resulted in acquittal — possibly militating against the railroading hypothesis.

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1778: Josiah Phillips, attainted by Thomas Jefferson

Add comment December 4th, 2013 Headsman

There is one example of this violation in Virginia, of a most striking and shocking nature; an example so horrid, that if I conceived my country would passively permit a repetition of it, dear as it is to me, I should seek means of expatriating myself from it. A man, who was then a citizen, was deprived of his life thus: From a mere reliance on general reports, a gentleman in the house of delegates informed the house, that a certain man had committed several crimes, and was running at large perpetrating other crimes; he, therefore, moved for leave to attaint him; he obtained that leave instantly … Without being confronted with his accusers and witnesses, without the privilege of calling for evidence in his behalf, he was sentenced to death, and was afterwards actually executed. Was this arbitrary deprivation of life, the dearest gift of God to man, consistent with the genius of a republican government? Is this compatible with the spirit of freedom? This, sir, has made the deepest impression in my heart, and I cannot contemplate it without horror.

Edmund Randolph (Source)

On this date in 1778, attainted Revolutionary War-era outlaw Josiah Phillips was hanged in Virginia.

Contrary to Randolph’s recollection, the execution took place according to a regular jury verdict convicting Philips for stealing 28 hats and five pounds of twine — felony theft by the Bloody Code inherited from England.

Even so, it was the Act of Attainder voted unanimously by the Virginia legislature that stuck in the popular memory, so much so that even the likes of Randolph, a lawyer by trade and later the first Attorney General of the independent United States, misstated* it as the proximate cause of Phillips’s execution.

Another inheritance from the mother country, Acts of Attainder — wherein the legislature declares some party guilty of a crime and declares punishment without benefit of trial — were going right out of style in the twilight of the 18th century. The eventual U.S. Constitution would flatly abolish the practice; Britain herself has not enacted one since 1798.

So it comes as some surprise to see that Phillips was outlawed** at the instigation of no less a person than old Mr. Inalienable Rights himself, Thomas Jefferson. Jefferson’s Bill of Attainder gave Philips and his band a June 1778 deadline to turn themselves in voluntarily, or else they

shall stand and be convicted and attainted of high treason, and shall suffer the pains of death, and incur all forfeitures, penalties and disabilities prescribed by the law against those convicted and attainted of High-treason: and that execution of this sentence of attainder shall be done by order of the General court to be entered as soon as may be conveniently after notice that any of the said offenders are in custody of the keeper of the public gaol …

And that the good people of this commonwealth may not in the mean time be subject to the unrestrained hostilities of the said insurgents, be it further enacted that from and after the passing of this act it shall be lawful for any person with or without orders, to pursue and slay the said Josiah Philips and any others who have been of his associates or confederates at any time.

Now in fairness, Josiah Phillips was no ordinary hat-thief, regardless of what the charge-sheet read. He was a Tory marauder who led a gang of outlaws/guerrillas/terrorists who lurked in the Dismal Swamp and had just weeks before repelled a Commonwealth militia dispatched by Governor Patrick Henry.

For Henry, who sought the attainder, and for Jefferson the Phillips band looked like a clear security threat. “The delays which would attend the proceeding to outlaw the said offenders according to the usual forms and procedures of the courts of law would leave the said good people for a long time exposed to murder and devastation,” in the words of the attainder. And indeed, the rebellious colonies — ultra-patriotic Pennsylvania especially — had had regular recourse to Acts of Attainder against Tory loyalists over the span of the American Revolution. (Actual executions under attainders were extremely rare.)

However, the inconsistency of such an instrument long associated with monarchical tyranny with its author’s more usual Rights of Man fulminations had Jefferson still defending the Phillips attainder as late as 1815.

Whatever might have best suited Josiah Phillips, the last word on the matter in American jurisprudence has belonged to the overwhelming sentiment of his fellow-Founders … like James Madison, whose Federalist no. 44 flatly avers that Bills of Attainder “are contrary to the first principles of the social compact, and to every principle of sound legislation.”

* Randolph himself, as Virginia’s attorney general, made the call not to use the attainder against Phillips because of Randolph’s own discomfort with it. But his “misremembering” was convenient to a later interest in excoriating Patrick Henry.

** Arguably contravening Virginia’s existing 1776 Declaration of Rights. “In all capital or criminal prosecutions a man has a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of twelve men of his vicinage, without whose unanimous consent he cannot be found guilty; nor can he be compelled to give evidence against himself; that no man be deprived of his liberty except by the law of the land or the judgment of his peers.”

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

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