1859: Ormond Chase, casus belli not quite

1 comment August 7th, 2009 Headsman

Every foreign policy adventure needs its pretexts, even adventures that never happen.

Quite marvelously, this illustration appeared in the same issue of Harper’s as Sydney Carton’s beheading in the last installment of Dickens’ Tale of Two Cities serial.

On this date in 1859, forces of Mexican General Miguel Miramon provided the United States such a pretext by executing American Ormond Chase in Tepic during the Mexican War of Reform.

This incident, said to have ensnared the luckless Portland (Me.)-born sawyer “for reasons entirely unknown,”* became elevated into the foreign policy calculation of U.S. President James Buchanan.

Buchanan rates as one of America’s worst chief executives for fiddling as the conflagration of Civil War began, but he kept himself busy eyeballing other dark-skinned folk in the hemisphere over whom America ought to claim suzerainty.**

So, in December of 1859, Ormond Chase was name-checked in a State of the Union address further to pressing Buchanan’s case for Mexico as a (to use a modern coinage) failed state — “a wreck upon the ocean, drifting about as she is impelled by different factions.”

“Little less shocking,” the Chief Executive intoned, crowning a litany of injuries “upon persons and property,” “was the recent fate of Ormond Chase, who was shot in Tepic, on the 7th August … not only without a trial, but without any conjecture by his friends of the cause of his arrest.”

And, of course, we know what happens to failed states.

Mexico ought to be a rich and prosperous and powerful Republic. She possesses an extensive territory, a fertile soil, and an incalculable store of mineral wealth. She occupies an important position between the Gulf and the ocean for transit routes and for commerce. … Can the United States especially, which ought to share most largely in its commercial intercourse, allow their immediate neighbor thus to destroy itself and injure them? Yet without support from some quarter it is impossible to perceive how Mexico can resume her position among nations and enter upon a career which promises any good results. The aid which she requires, and which the interests of all commercial countries require that she should have, it belongs to this Government to render, not only by virtue of our neighborhood to Mexico, along whose territory we have a continuous frontier of nearly a thousand miles, but by virtue also of our established policy, which is inconsistent with the intervention of any European power in the domestic concerns of that Republic.

The wrongs which we have suffered from Mexico are before the world and must deeply impress every American citizen. A government which is either unable or unwilling to redress such wrongs is derelict to its highest duties.

I recommend to Congress to pass a law authorizing the President under such conditions as they may deem expedient, to employ a sufficient military force to enter Mexico for the purpose of obtaining indemnity for the past and security for the future.

“The meaning of all this is clear enough,” observed the London Times, an ocean away and correspondingly less euphemistic.†

Before long another Mexican war will sever new provinces from the unhappy Spanish Republic, and give them to the Anglo-Saxon race. In one sense this is a gain to humanity. Beautiful and fertile regions, now desert, will pass under the hands of the cultivator, mines will be worked, harbours will be filled with shipping, and a new life will animate that vast region. It is not likely, however, that the Americans will seek to annex the whole Republic. The Mexicans are not the stuff to make citizens of, and another generation of discord and decay must elapse before their time comes to be improved off the face of the earth. Although we have not the slightest wish to interfere with the Americans, it is but right that an adequate force should be at hand to protect British interests in those quarters.

In the event, Congress actually turned down Buchanan’s use-of-force request — that actually used to happen! — and with Abraham Lincoln’s election the next year, poor Ormond Chase’s purchase on historical significance was dashed by the fierce urgency of the Civil War. His death was a wasted root of an intervention that never was.

As it happens, and as the London Times article’s closing allusion suggests, Buchanan’s suspicion of European interference in the New World was not without foundation. The Mexican Civil War that Buchanan here proposed to join evolved — while the Yankees were busy shooting one another — into a badly botched French‡ attempt to establish a foothold in Mexico.

We have met the most famous casualty of that affair in these pages before: imported Habsburg Emperor Maximilian I.

Shot along with him were two of his loyal generals: one of them was Miguel Miramon, whose men had put Ormond Chase to death eight years before.

* Per a deposition in the U.S. Consul’s investigation.

** More on Buchanan’s Mexican project in this 1883 biography.

† January 11, 1860

‡ Spain and Britain had made the initial foray with France to collect their own debts as well, but soon thought better of the project.

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Entry Filed under: 19th Century, Borderline "Executions", Capital Punishment, Death Penalty, Execution, Gibbeted, History, Lynching, Mexico, Shot, Summary Executions, USA, Wartime Executions

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1865: Four for Abraham Lincoln’s assassination

July 7th, 2008 Headsman

On a sweltering July 7, 1865, a mere 12 weeks after Abraham Lincoln was shot at Ford’s Theater, four of his assassin’s accomplices were hanged in the courtyard of the District of Columbia’s Washington Arsenal — present-day Fort McNair, and specifically its tennis courts.

Booth, on the far left, playing Marc Antony in Julius Caesar opposite his brothers. He had Brutus’ example in mind, as he wrote in his diary while on the run: “with every man’s hand against me, I am here in despair. And why? For doing what Brutus was honored for.”

The exact nature of the conspiracy against the man who had seen the North to victory in the Civil War has been debated ever since actor John Wilkes Booth lodged a ball from his one-shot Derringer behind Honest Abe’s ear. But it was a conspiracy — an astoundingly bold one.

Simultaneous with Booth’s successful attack upon Lincoln, there was an unsuccessful attempt to kill Secretary of State William Seward; it would emerge in the investigation that another man had been detailed to murder Vice President Andrew Johnson, but got drunk and chickened out. The apparent upshot: with the President and Vice President dead, new national elections would be required to replace the Senator who would become acting president — and with the Secretary of State dead too, there’d be nobody to implement them. Booth was trying to paralyze the North with its own constitutional machinery in some desperate hope of reviving the defeated South.

Ten Against D.C.

Hundreds were detained in the stunning assassination’s immediate aftermath, but ten would ultimately be the federals’ targets. A massive manhunt pursued Booth through southern Maryland and into Virginia, where he was killed in a shootout. John Surratt, who had conspired with Booth in an earlier plot to kidnap the president — that failed plot had been reconfigured into the assassination — escaped from the country.

The other eight were rounded up and stashed at the Arsenal to face a military tribunal. It was a highly controversial arrangement: the war had entered a gray area — Robert E. Lee’s surrender just days before the murder had effectively ended the war, but when the trial opened in May Confederate President Jefferson Davis was still at large, and the last Southern general wouldn’t lay down his arms until late June. The District of Columbia was still technically under martial law … so would it do to use a military court?

Military Tribunal

So the government asked itself: government, would you rather have looser evidentiary rules and a lower bar of conviction than you would have in civil court? The government duly produced for the government an opinion that the military characteristic of the assassination — that is, to help whatever southern war effort still obtained — licensed the government to use the military courts.

That didn’t sit well with everyone. One former Attorney General griped:

If the offenders are done to death by that tribunal, however truly guilty, they will pass for martyrs with half the world.

Indeed, a year later, the Supreme Court’s landmark ex parte Milligan ruling would forbid the use of military courts where civilian courts are open — which they were in Washington, D.C.

That, of course, was too late to help Booth’s comrades. It would be a military trial, with a majority vote needed for conviction and no right of appeal but to the president for the most infamous crime of the Republic. Everyone had a pretty good idea what the results would be.

A cartoon depicting the defendants as Gallow's (sic) Birds.

Rogues’ Gallery

Two of the four today were doomed from the outset under any juridical arrangement imaginable: Lewis Powell (also known as Lewis Paine or Lewis Payne) had made the attempt on Secretary of State Seward; David Herold had guided him there with the getaway horse, and later escaped along with Booth. They were in way past their eyeballs. George Atzerodt, the schmo who couldn’t rise to the occasion of popping Andrew Johnson, looks a bit more peripheral from the distance of a century and a half, but in the weeks following the assassination he was much too close to the action to have any hope. All received death sentences.

Two others — Michael O’Laughlen and Samuel Arnold — had been involved in Booth’s earlier scheme to kidnap the president, but didn’t seem to have much to do with the murder. Still another two — Ned Spangler and Dr. Samuel Mudd* — were lesser participants. They all received long prison sentences for their pains, and the three of them still surviving were pardoned by Andrew Johnson as he left the presidency in 1869.

That left Mary Surratt, mother of the fugitive John and the only woman in the dock, the focus of attention and controversy. The 42-year-old widow owned a downtown boardinghouse, plus a tavern of sufficient importance at a Prince George’s County, Maryland, crossroads, that its community was called Surrattsville.**

The conspirators met frequently in her lodgings; Surratt maintained her innocence beyond that, but evidence and witness testimony began to pile up heavily against her … especially when Seward assailant Lewis Powell wandered into her place looking for refuge right while the police were questioning her. Booth and Herold turned out to have made a pit stop at her Surrattsville tavern to pick up a package of guns that Mary had prepared for them.

Though Surratt’s avowal of ignorance was not widely believed, a gesture of presidential mercy was anticipated — many thought (and think) she went on trial as a virtual hostage for her absconded son, who declined to take the bait. Strangely, five members of the nine-judge panel who condemned Mary Surratt turned around and asked President Johnson for clemency. Johnson claimed never to have seen the memo, but his mind seemed pretty made up — when Surratt won a habeas corpus stay on the morning of her scheduled hanging, he promptly “specially-suspended” the writ specifically to hang her:

I, Andrew Johnson, President of the United States do hereby declare that the writ of habeas corpus had been heretofore suspended in such cases as this; and I do hereby specially-suspend this writ, and direct that you proceed to execute the order heretofore given upon the judgment of the Military Commission.

Harsh treatment, and possibly well-deserved, for the first woman executed by the U.S. government. Even so, it does seem a curious thing when all is said and done that the mother of “the nest that hatched the egg” was worth a special suspension of the Great Writ, and even the stagehand who just held Booth’s horse for him caught six years, but old Jeff Davis — who apart from having figureheaded a treasonous four-year insurrection was implicated for giving Booth’s kidnapping plot official Confederate sanction — got to retire to write his memoirs.

Fine pages on the Lincoln assassination are here, here and here. There are also contemporary newspaper accounts posted online as filed for The Boston Post and The New York Herald.

The Surratt houses, by the way, are still standing. The Maryland tavern is kept as the Surratt House Museum by the Surratt Society. The downtown boarding house is a Chinese restaurant … marked with a plaque remembering more momentous doings than bubble tea.

The Chinatown restaurant where Mary Surratt had her boarding house ...

... as marked by plaque ...

... and how it looked back then.

* The panel voted 5-4 to hang Mudd, a Maryland doctor who not only set the leg Booth broke when he leaped onto the stage after shooting Lincoln, but then misdirected Booth’s pursuers. However, the rules for the trial said a two-thirds majority was required for execution.

** They changed the name after the unpleasantness. Today, it’s Clinton, Maryland.

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Entry Filed under: 19th Century, Assassins, Capital Punishment, Confederates, Crime, Death Penalty, Execution, Hanged, History, Infamous, Maryland, Milestones, Murder, Notable Jurisprudence, Notable for their Victims, Notably Survived By, Popular Culture, Power, Scandal, Separatists, Treason, U.S. Federal, U.S. Military, USA, Wartime Executions, Washington DC, Women

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