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On this date in 1781, George Washington quelled a dangerous mutiny in his starving Continental Army with a couple of salutary summary executions.

Weeks before, the Pennsylvania Line had mutinied for better pay — successfully. (When approached by British agents offering hard currency should they turn coat, the mutinous troops patriotically arrested the agents.)

General Washington had cause to fear widespread discontent in his chronically undersupplied army, however. He circulated to Congress and to several state governors an urgent appeal (.pdf) for more aid to hold up morale.

The aggravated calamities and distresses that have resulted from the total want of pay for nearly twelve months, the want of clothing at a severe season, and not unfrequently the want of provisions, are beyond description … it is vain to think an army can be kept together much longer under such a variety of sufferings as ours has experienced … unless some immediate and spirited measures are adopted to furnish at least three months’ pay to the troops in money, which will be of some value to them, and at the same time ways and means are devised to clothe and feed them better … the worst that can befall us may be expected.

Washington vowed in the meantime to “continue to exert every means I am possessed of to prevent an extension of the mischief.”

The mischief extended.

The New Jersey line at Pompton imitated — and the imitation was reportedly explicit — the Pennsylvania line. They had legitimate grievances, like nearly everyone in the Continental Army, and that was precisely the problem: if mutiny became the means to resolve grievances, Washington wouldn’t have a Continental Army much longer.

Washington detailed Gen. Robert Howe to make an example.

Sir: You are to take the command of the detachment, which has been ordered to march from this post against the mutineers of the Jersey line. You will rendezvous the whole of your command at Ringwood or Pompton as you find best from circumstances. The object of your detachment is to compel the mutineers to unconditional submission, and I am to desire you will grant no terms while they are with arms in their hands in a state of resistance. The manner of executing this I leave to your discretion according to circumstances. If you succeed in compelling the revolted troops to a surrender you will instantly execute a few of the most active and most incendiary leaders.

And as Washington reported this afternoon to New Jersey Governor William Livingston … success.

Dr. Sir: I have the pleasure to inform your Excellency, that the measures concerted for quelling the mutiny in the Jersey line were this morning carried into full execution. The mutineers were unexpectedly surrounded and awed into an unconditional surrender with little hesitation and no resistance. Two of the principal actors were executed on the spot, the rest pardonned. The spirit of mutiny seems now to have completely subsided and to have given place to a genuine repentance. This was very far from being the case previous to this step, notwithstanding the apparent submission which the assurances of redress had produced; they still continued insolent and refractory and disobedient to the commands of their officers.

A general pardon was promised by Colonel Dayton, on condition of an immediate and full return to duty. This condition was not performed on the part of the mutineers and of course they were not entitled to the benefit of the promise; besides which the existence of the Army called for an example. I have the honor etc.

That second paragraph of the letter hints at a bit of ass-covering from Washington. The officer on the scene, Elias Dayton, had, according to Charles Patrick Neimeyer, already smoothed the disturbance by promising that a state commission would adjudicate discharge claims.

The placated “mutineers” were therefore surprised to be roused from their beds at Ringwood, N.J., by Howe’s forces and forced to form a firing squad to execute their own sergeants. (Neimeyer also claims that the first six-man squad intentionally missed.)

This in-the-field execution to enforce military discipline was a precedent later cited by Alexander Mackenzie to justify hanging Philip Spencer, Samuel Cromwell and Elisha Small at sea for mutiny.

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On this date in 1739, Penelope Kenny and Sarah Simpson were publicly hanged in colonial New Hampshire for “feloniously concealing the death of a[n] … infant bastard child.”

The first people — male or female — executed in New Hampshire history had separately disposed in August 1739 of their respective newborns. Unluckily for them, some never-discovered third woman did the same thing around the same time much less adroitly … and her dead infant was found in a well.

The ensuing investigation uncovered (in one case by the forcible ministrations of a midwife team) the recent pregnancies of this day’s victims, and though Simpson claimed her child was miscarried, she still fell under a law making a capital crime of covering up the death of a baby.

Today, Executed Today interviews New Hampshire historian Christopher Benedetto, whose research situates Kenny and Simpson in the context of their times:

In provincial New Hampshire, as was common across colonial America, the punishment of fornication and bastardy was harsh, and the stigma that followed could cost a working class woman her livelihood. When Penelope Kenny and Sarah Simpson gave birth in August 1739, they both knew that the physical product of their sexual improprieties must be concealed. It was an awful decision to have to make, but in their minds “infanticide might have seemed a matter of survival.” The discarding of illegitimate children, however, seems to have been an issue in New Hampshire long before 1739. In 1714, the General Assembly passed “An Act to Prevent the Destroying and Murdering of Bastard Children,” which declared

Whereas many lewd women that have been delivered of Bastard children, to avoid shame and escape punishment, do secretly bury or conceal the death of their children…Be it therefore enacted…that if any woman be delivered of any Issue of her body, male or female, which if it were born alive should by law be a Bastard; and that she endeavor privately either by drowning or secret burying thereof…so to conceal the death thereof that it may not come to light, whether it were born alive or not but be concealed. In every such case the Mother soe offending shall suffer Death…except such Mother cann make proof by one witness at least, the Child whose death was by her so intended to be concealed was born dead.

Executed Today: The first hanging in New Hampshire didn’t happen until 1739?!

Christopher Benedetto: There were plenty of capital laws and there definitely were cases where people were tried for their lives, but why it took so long … they had crossed some sort of a boundary. I’m sure the loss of so many children only a few years before [in a diphtheria epidemic] made these crimes that much more shocking.

ET: You’re working on a book on crime in New Hampshire.*

CB: The criminal history of Massachusetts has been studied for so long, but there’s really nothing like this for New Hampshire at all. And there’s so much there. There’s a whole chapter in the book on infanticide and child murder.

ET: What’s the perspective you get working deeply in a local milieu?

CB: I think having grown up here, my own family I’ve been able to trace back to the 1650’s in Massachusetts … it’s always been a big part of my life.

I like being able to go to different sites where these things actually happened. I think that’s true for any historian — you’re drawn to the specific places. The town I grew up in, Ipswich, they have plaques of people who lived there. Anne Bradstreet’s house is still there.

I could walk on a lot of the streets or at least go to some of the places where these things took place.

But to me, history is about people. It’s about passions. To me, these people are so much like us today. Human nature has not changed a lot over the years.

ET: Does that lead to any conclusions on the death penalty in general?

CB: It’s one of the few things that’s as controversial now as it was two, three hundred years ago. I don’t think capital punishment prevents crime. I do think there are certain instances where the crime is so heinous, so bad — I don’t know, I’m sort of in the middle on it. I think we should reserve the right to do it, but does it improve our society at all?

ET: What advice would you have for a young person about being a historian? What’s the historical method for you?

CB: I would say, just be curious. You’ve got to be relentless. You’ve got to go after what you’re passionate about — nobody wants to do research about something they’re just not interested in.

To me, I love writing, but I think one of the most thrilling parts can be when you’re sort of on the hunt. I kind of see being a historian — and not just professionally; anyone who’s researching a family history — you’re almost like a quilter. You’re taking all these little pieces of fabric and just trying to create a whole picture. That might be my favorite part, taking all those pieces of information and just putting them together.

It’s not that nobody had ever written about that execution [of Kenny and Simpson] before, but maybe nobody had taken all that information and just kind of put it together in that way. You’re not always going to have something 100% new to say, but you might present it in a way that casts a new light or makes somebody think about it differently.

* Tentatively titled Gruesome Stories from the Granite State with an anticipated release in 2009 through regional press Commonwealth Editions.

Part of the Themed Set: The Spectacle of Public Hanging in America.

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