Yearly Archives: 2017

1639: The auto de fe of Lima, Peru

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Lima, Peru on this date in 1639 celebrated a huge auto de fe featuring 72 prisoners. Of these, 12 were executed at the stake, one of whom had the consolation of being already dead by his own hand. (He was punished in effigy.)

Their crime, per the Inquisition, was Judaizing — but we might better consider it today in the vein of terrorism, an idee fixe crawling from a swamp of public insecurities both real and projected: race, religion, geopolitics, and crass opportunism all vying for precedence under the Inquisitor’s cowl.

This post will speak of “Jews” but it’s important to remember that the Spanish empire at this point officially had no Jews: it had forced its Jewish population into exile or conversion. That latter set, Jews who had converted to Christianity under that very Catholic realm’s pressure, thereafter became suspected down the generations of sustaining their Hebraic rites in secret, sapping the Church from within while looking for the odd opportunity to sacrifice a Christian child.

It is uncertain in the end in what proportions these forced converts and their descendants did maintain Jewish devotions versus absorbing themselves into Christianity. But by whatever opinion, these are our “Jews”, conflating as the word often does both faith and race; the terms “New Christians” or “conversos” or “crypto-Jews” are also widely used in the literature and all refer to the same universe of suspected and former (at least somewhere up the family tree) Jews who presented themselves publicly as Christians.

No matter the loyalty of individual converso, the suspicion each was born under placed them in an obvious practical difficulty, and it was compounded in the 17th century as Jewry, that eternal bugbear, also came to stand in for a host of other worries dogging the Spanish state.

To begin with, many Jews had in their day fled from Spanish conversion to Portugal, but had recently become re-absorbed when the Spanish crown added Portugal as an unwilling bride to its imperial conquests in 1580. So, the Portuguese, and the tensions thereto, became equated with the Jew in the Spanish imagination.*

In the New World, the already onion-layered specter of the secret Jew further aligned with the menaces of an unknown frontier, where unfamiliar opportunities abounded and dangers too.**

Spain’s rival on the Caribbean coast was its very own disobedient former possession, the Netherlands, and the latter offered Jews a liberal grant of toleration. Spanish conversos’ loyalty to their own crown, already doubted on principle, was doubly suspect for the proximity of rival settlements with unconcealed synagogues — no mere paranoid fantasy, as Jews on Spanish soil were prominent among the collaborators who aided Dutch incursions in the 17th century.

Jews also came to be credited more generally with a scary affinity for the subject populations of conquered Indians and imported African slaves — their pagan magicks, their inscrutable tongues, and their frightful potential for revolt. And of course, there was all that odious money-handling.

“For the past six to eight years, a great number of Portuguese [read: Jews] have entered the kingdom of Peru and there were a great number already there,” Don Leon de Alcayaga wrote of Lima in 1636. “They came to rule over all commerce, which from the brocade to the sackcloth, and from the diamond to the cony, all run through their hands. The Castilian without a Portuguese partner could expect no success in trade.”

Commerce is cutthroat, and the evident power of Jews among the colonies’ emerging mercantile elites — and not just in Lima, but in Cartagena, Buenos Aires, and elsewhere — seems to have co-evolved with appeals from New World Castilians for the Inquisition’s scrutiny of this potentially disloyal element. Strictly out of piety and patriotism, you understand.

Juan de Manozca became Archbishop of Mexico in 1643.

The arrival from Cartagena of Inquisitor Juan de Manozca, who had prosecuted crypto-Jews in that city as well as native “witches”, set the scene for one of the Spanish colonies’ bloodiest purges.

In 1635, a great wave of arrests seized upwards of 100 of these “Portuguese” for La Complidad Grande, a supposed grand conspiracy among the heretics whose contours are little described in the documentation that survives for us. Was the “conspiracy” essentially Judaism itself? Or did Inquisitors perceive a more daring and tangible plot?

“Apropos of the famous auto de fe of the Portuguese, Pelliza y Tovar, the famous chronicler of Aragon, says that on the day the Spanish authorities took possession of the letters and correspondence of the resident Portuguese they found keys and letters in code and they discovered that the synagogues of America were in intimate relations with the Jews of Holland.”† Manozca apparently communicated to the mother country that the Hebrews were stockpiling munitions.

They were bound ultimately for the auto this day — years afterwards — via the Inquisition’s cumbersome judicial machinery. The two most famous of them mark the entire futile spectrum of choices available to the New Christian whom the Old Christian was sufficiently motivated to destroy:

  • Francisco Maldonado da Silva, a Jewish physician who had been imprisoned since 1627 for returning to Judaism, and been completely unapologetic about it, even evangelizing other prisoners held near him. “This is the doing of the Lord God of Israel, so that I may now look upon Him face to face,” he said at the stake.
  • Manuel Bautista Perez, a powerful merchant reputed to be the wealthiest man in Lima — his fortune built on mining, shipping, and the slave trade.‡ Perez hailed from a New Christian family but unlike da Silva he insisted on his fidelity to the Church and refused to admit any heresy. Indeed, he had always been conspicuous in his devotions, and (his words) “never let it be known, either to persons from his household or outside it, that he was a New Christian … because he always tried to be taken for an Old Christian.”

This purge devastated not only New Spain’s Jewish populace but her economy too; with many of the wealthiest magnates clapped in irons from 1635 and their assets suddenly demobilized, other operators be they ever so devout immediately faced an epidemic of financial reversals and bankruptcies.

* Even though a Portuguese Inquisition also existed, predating the 1580 union of the two realms.

** See Irene Silverblatt, “New Christians and New World Fears in Seventeenth-Century Peru,” Comparative Studies in Society and History, July 2000, who notes that

The colony’s take on the Jewish menace, then, elaborated a familiar but divergent set of charges: New Christians had usurped trade and merchandising to the detriment of Castilians; New Christians, with international ties, were not loyal to the Spanish empire; New Christians — merchants and traitors — aligned themselves with potentially subversive groups within the Colony (namely, indios and negros) …

† The comment is that of Peruvian historian Ricardo Palma, quoted by Seymour Liebman in “The Great Conspiracy in Peru,” The Americas, October 1971.

‡ For a detailed exposition of Perez’s career in slaving, see From Capture to Sale: The Portuguese Slave Trade to Spanish South America in the Early Seveacnteenth Century.

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1725: Anne Pepper, for a petticoat

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We return today to one of our occasional sources, the gallows broadsheets in James Kelly’s Gallows Speeches From Eighteenth-Century Ireland — for a thief who paid everything back except for one crucial object.

Last Speech and Dying Words of Anne Pepper

who is to be Executed at St. Stevens-Green on Saturday the 22d of this Inst January 1725

Good Christians,

Since it is my hard Fortune to come to an untimely end, I will give the Publick an Account of my past Life, which you may take as followeth, Viz.

I was born in Dublin, in the Parish of St. Brides, of poor and honest Parents, who gave me Education suitable whereby I might have got honest Bread.

I was desirous to go to Service, and I had my wish, The first place I went to was to Mr. Paris’s in York Street, and after to Mr. John Wards, and several other Credible Services; At length I unfortunately Married to one Pepper, who was Cooke to an Honourable Gentleman; This Marriage was the beginning of my Misfortunes, and the chief Cause of my coming to this shameful, untimely end; As I am a dying Woman, I never knew Man before my Husband, but God forgive me I have known several since, and for the most part other Women’s Husbands, once I turn’d loose I embrac’d what came in my way, as Roberies, &c.

The first that I Rob’d was my Master a French Minister and made off with the Robery to Holly-Head in Wales, from thence I went to London; and remain’d there five Years, where my Husband follow’d me, and brought my Mother and Brothers and Sisters with him, where they all remain (except my Husband) to this Day, if alive, it is now about two Years and a half since I left them.

I by the time of my return to Dublin, came acquainted with Several Thieves and Robbers, and was concern’d in Several Roberies; and in particular this for which I dye.

I was Encourag’d by one Sarah Kenny a Running Broker, who promis’d that any Thing I brought to her, should never be brought to Light, after I had Committed this Robbery for which I justly Die. I was going Directly to the said Sarah Kenny’s Room in Patrick’s Close, and was met by one Patrick Hoy, Butcher a Notorious T_______se, just in the Close, who took by Force from me a Petticoat belonging to the Robbery, and said he would have it for his share, and so he took it to the said Sarah Kenny before me:

The said Petticoat is the Reason of my loosing of my Life, for all that was taken was Return’d except that Petticoat, and if they could have got that Petticoat, the Gentle woman that own’d it would not have prosecuted me.

Tho’ I have seen several persons suffer here for varieties of Facts, yet it did no way daunt me, nor made no impression in my obdurate Heart, till now. I heartily begg of my Great and Merciful God to Bless me and save my Soul, I hope this will be a warning to all ill People.

Having no more to say, I begg the Prayers of all good Christians. I Dye a Protestant of the Church of England in the 33d Year of my Age, and the Lord have mercy on my poor Soul, Amen.

I leave my blessing with good Mr. DERRY, for the great care he took of my Soul.

This is my true Speech, given by me to the Printer hereof, and all others are false, and Scandalous.

Ann Pepper.

Dublin. Printed by C. Carter 1725.

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1876: Marshall Crain, Bloody Williamson killer

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(Thanks to Robert Elder of Last Words of the Executed — the blog, and the book — for the guest post. This post originally appeared on the Last Words blog here. Fans of this here site are highly likely to enjoy following Elder’s own pithy, almanac-style collection of last words on the scaffold. -ed.)

“I must make a statement in regard to this matter. I feel it my duty to God and to man to do so. I am guilty of killing the two men. My soul is stained with blood and my punishment is just. I hope all will forgive me. I pray God to guide and prosper this country. I am the murderer of William Spence. And George W. Sisney. That is all I have to say.”

—Marshall Crain, convicted of murder, hanging, Illinois.
Executed January 21, 1876

Crain, a twenty-year-old hired assassin, murdered Sisney and Spence in 1876. The double murder, labeled by the press the “Williamson County Vendetta,” was part of a long- standing feud between the Bulliner and Henderson families of Carbondale, Illinois. Before Crain’s execution, he was remanded to a jail in Marion County in order to avoid a lynching at the hands of an angry mob.

The Chicago Tribune noted: “He was born, raised, educated, married, committed his crimes and was executed within a radius of 10 miles.”

(Williamson County, Illinois has an impressively vast catalogue of highlight-reel violence to its history; there’s more about the Great Vendetta and other skeletons in Williamson’s closet in Bloody Williamson: A Chapter in American Lawlessness.

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1905: John Johnson

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(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On this date in 1905, John Johnson was hanged for the murder of Patrolman Dennis Fitzgerald of the Chicago Police Department.

On September 26, 1903, Johnson and another man, Louis Tedford, were being drunk and disorderly near the corner of 44th Street and Indiana Avenue. Fitzgerald told them to move along. In response, the two men beat him to a pulp and shot him with his own gun.

Fitzgerald was a strong man and he lingered for four months before he died on January 20, 1904. Authorities determined his death was a direct result of his wounds. He was buried in Mount Olivet Catholic Cemetery.

As for the two offenders, both were convicted of murder, but Tedford got off relatively easily with a fourteen-year sentence. The jury determined Johnson was the one most responsible for the officer’s death, and so he paid for it with his life, a year to the day after Fitzgerald died. “Please hurry things along,” were his last words.

It was a busy day with the rope around North America.


Macon (Ga.) Telegraph, Jan 21, 1905

Grand Forks (N.D.) Herald, Jan. 21, 1905

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1735: Alice Riley, Savannah ghost

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Savannah’s Wright Square got its haunt (and concomitant reputation as “the hanging square”) on this date in 1735 when domestic servant Alice Riley was executed for murdering her vicious master William Wise.

Illustration from the vignette in Historic Haunts of Savannah

The Irish import with a truly misfortunate indenture to a tyrannical farmer with a predilection for using his fists, Riley and a fellow-servant named Richard White snapped at the abuse one day the previous March and stuffed Wise’s head in a bucket of water until he drowned.

As best this writer can discern, much of what else is said on various Riley biographies appears to be embroidery and conjecture; the circumstances invite the most lurid of inferences but we don’t really know much about the relationships among the two killers and their victim.

Whatever the case, other Savannah grandees thought little enough of Wise — but they also all had help of their own who ought not get any funny ideas from the example. The couple was tracked down and prosecuted, although Alice extended her lease on life by pleading her belly. A few weeks after delivering a little boy whom she named James, Alice Riley was hauled to Wright Square (then known as Percival Square) and publicly hanged as she protested her innocence and begged to see her child. The gibbet brandished her remains at passing servants there for three full days.

Although they finally took down the corpse, her spirit has never been at peace. Riley’s specter allegedly still appears around Wright Square as a frantic woman who accosts passersby about her lost child.

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1573: Gilles Garnier, loup-garou

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On this date in 1573, Gilles Garnier was burned at the stake as a lycanthrope.


Detail view (click for the full image) of The Werewolf, or the Cannibal by Lucas Cranach the Elder (1509)

The “Werewolf of Dole” was a scavenging hermit resident on the outskirts of that Burgundian town when a little girl was strangled and partially eaten in October of 1572. Townsfolk feared a maneating wolf but a subsequent pattern of attacks would point at something even more frightful.

As kitsch as it becomes for us in modernity, it is not difficult to discern in the werewolf legend the shadow of a truly terrifying era when predatory wolves and predatory men alike prowled the dangerous byways in Europe, especially France.

And a sure way to conflate the two was through a figure like Garnier (English Wikipedia entry | French), who, in a starving winter, monstrously ate the flesh of his victims. He would later confess — we can only guess through what combination of disordered mind and torturer’s suggestion — that as he foraged one day, wracked by hunger, a phantom appeared to him and offered him an ointment that would confer the lifesaving hunting prowess of the wolf.

Like any opportunistic carnivore, the loup-garou Garnier knew enough to prey upon the weakest.

Shortly after slaying that first victim, Garnier grabbed another little girl and was in the process of a bestial hands-and-teeth attack when some villagers came upon the scene. Garnier fled, but at least some of these accidental witnesses were convinced that they had seen a wolf attack — for what man tears into his still-dying quarry with his bare teeth?

Then again, as observed by Sabine Baring-Gould* — whose The Book of Were-Wolves makes for a goosefleshing Halloween read — there would even post-Garnier in 1573 be an edict promulgated against what Parlement suspected was continuing werewolfery in the vicinity, directing all and sundry “to assemble with pikes, halberts, arquebuses, and sticks, to chase and to pursue the said were-wolf in every place where they may find or seize him; to tie and to kill, without incurring any pains or penalties.” Lycanthropy is stirring deep within this society, authorities, onlookers and offender(s?) all suggestible to one another.

Garnier killed a little boy later that same November, perhaps his most gruesome as he not only cannibalized the fresh corpse but tore off the child’s leg to save for later.

His fourth known victim was his last and resulted in his capture when he was again surprised on the scene. (This time, the witnesses saw only the man — not the wolf.)

His trial, which was for all its fantastic content notably a secular one, was a monument to the fear that must have gripped Dole while children vanished only to turn up as carrion: some fifty witnesses were summoned, many to make connections between Gilles Garnier and canis lupus that one would strain to credit as speculative but were probably quite sincere. Everyone knew there was a werewolf, and then everyone knew Gilles Garnier was that werewolf.

Like the French peasantry, posterity has seen in Garnier what it hopes or expects to see. Do we witness the grim and commonplace effects of torture upon a bystander being scapegoated for the natural incursions of wolves? The predations of a “normal” serial killer refracted through his society’s superstitions? A mentally ill man truly convinced (as with the wendigo psychosis) of his own beastliness? An entirely false confession reflecting Garnier’s own complicity in the same evolving myth that captivated his neighbors?

Or might we allow with Montague Summers the genuine historicity of the monster?

As Nabuchodonosor was so punished by God, so Heaven may also well have permitted Gilles Garnier and the sorcerers of Savoy owing to their vile appetites and their lust for human flesh to have become wolves, losing human form.

From whatever cause this shape-shifting may arise, it is very certain by the common consent of all antiquity and all history, by the testimony of learned men, by experience and first-hand witness, that werewolfism which involves some change of form from man to animal is a very real and very terrible thing. (The Werewolf)

If you prefer your rending human flesh in podcast form, Stuff You Missed In History Class covered this story in a (graphic) Halloween episode.

* An occasional Executed Today guest blogger, through the magic of public domain.

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1959: Jose Cipriano Rodriguez

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UPI photographer Andrew Lopez won the Pulitzer Prize for his photographs of Jose Cipriano Rodriguez, a corporal of the deposed Batista dictatorship, going to his firing squad execution in the bloody first weeks of Cuba’s revolutionary conquest. Rodriguez had been found guilty of two murders by a snap tribunal that same day.

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2014: Dennis McGuire, Ohio botch

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On this date in 2014, Ohio very clumsily executed Dennis McGuire for raping and stabbing to death an eight-months pregnant woman in 1989.

For no reason better than chance, McGuire‘s was the execution scheduled to arrive when Ohio bowed to the growing scarcity of lethal injection drugs by innovating a new kill-cocktail comprising midazolam, a sedative, and hydromorphone, a painkiller.

McGuire’s attorneys fought this procedure on the plausible (quite plausible, as we will see) grounds that using an execution as a vehicle for nonconsensual human medical experimentation was liable to end badly.

It did. A Dayton Daily News staff reporter who attended the execution gave the disturbint account

Prison officials say the drugs — a combination never before used in an execution — were delivered at 10:28 a.m.

His daughter cried uncontrollably.

McGuire waved with his wrist, his body strapped down to the table. Then he suddenly yelled out “I love you. I love you,” before his head lay back, his eyes rolled back in his head and he appeared to fall asleep at 10:29 a.m.

Minutes went by without McGuire moving, his family cried as the priest patted them on the back and attempted to console them.

“Oh my god,” his daughter [Amber McGuire] said.

“Don’t watch,” [wife] Missie McGuire said.

At 10:35 a.m. I first noticed McGuire convulse, then gasp. He snorted for air — a sound like a violent snore, a guttural inhale — and then sat still. Then gasped again. Sometimes his mouth just opened soundlessly. At 10:39 a.m. he snorted so loud his daughter covered her ears.

His family cried. “How could this go on for so long?” one of them asked. There was some discussion with the priest that accompanied them saying they thought it would only take five minutes.

(Here’s another (more heavily editorializing) eyewitness account of the event, by McGuire’s priest.)

Predictably, more lawsuits followed, cases that are still working their way through the courts. Just two weeks ago as of this writing, a federal suit filed on behalf of Ohio’s other death row inmates brought a member of Dennis McGuire’s execution team to the stand. Behind an anonymizing cardboard screen, “Team Member No. 10” characterized the McGuire execution as unlike any of the others he had worked, and said that he “was wondering what was going on” as the prisoner heaved and choked his way to death.

As a result, McGuire’s execution remains as of this writing the most recent execution conducted in one of the largest Republican-dominated states in the U.S. — even though Ohio was setting up in the 2000s as the Texas of the North.

The blockage is sure to be a temporary one. Ohio has announced plans to resume executions in 2017 with its new drug cocktail, plus a backup set of other drugs to reverse the first drugs if things go wrong.

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1648: Francis Ferdinand de Capillas, protomartyr of China

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January 15 is the feast date, and the 1648 execution date, of the Catholic protomartyr of China — St. Francis Ferdinand de Capillas.

The pride of a tiny Castilian hamlet, de Capillas was a Dominican who got his start saving souls proselytizing in the Philippines, where Spain did a robust trade.

In 1642, he joined other Dominican friars on a mission out of Fu’an in the south of China. Spain and Portugal had made steady inroads* for Christianity in the peninsular locale of Macau over the preceding decades but de Capillas’s was a mission to make converts in the mainland. There, things could, and did, get trickier.

Their mission coincided with the collapse of the guardedly friendly Ming dynasty. Seen from the long-run perspective — you know, the one in which we’re all dead — this dynastic transition would widen the field for missionary work under new regimes that would be largely amenable to Christian preaching until the 18th century. But in the short term, it was de Capillas who was dead, because the remnants of the defeated Ming and their dead-end emperor fell back into their area as the rump Southern Ming dynasty — and the province became a war zone.

Christians were not alone among the populations caught perilously between the rival sovereigns, where wrong-footing one’s allegiance was liable to be worth your life. In the mid-1640s, Christians and Ming got on favorable terms: not so much an alliance as an affiliation.

These contacts cultivated between Christians and court came a-cropper in the war. After the Qing conquered Fu’an, a counterattack by the Southern Ming besieged the city in late 1647. The Qing were going to win the larger struggle, but at that moment, they were going to lose Fuan — and by Eugenio Menegon’s telling in Ancestors, Virgins, and Friars: Christianity as a Local Religion in Late Imperial China,

military leader of the Qing camp captured a loyalist soldier, he extorted the names of the Fuan citizens who were collaborating with [the Ming commander] Liu. Among the best known were [Chinese convert Christians] Miao Shixiang, Guo Bangyong, and Chen Wanzhong. Other Christians also sided with Liu. This leak provoked retaliation against relatives and friends of the loyalists still inside the besieged town. Among the victims was the Dominican Capillas. He was taken from prison, accused of being one of the leaders of the Christians and connected to the [Ming] loyalists, and executed in mid-January 1648.

This association did not go well for any of those involved; Liu did not survive the year, forced to commit suicide under a later Qing invasion, circumstances that also saw Miao Shixiang and Guo Bangyong themselves put to summary death.

* Kaijian Tang estimates 40,000 Christians in Macau by 1644. (Setting Off from Macau: Essays on Jesuit History During the Ming and Qing Dynasties)

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1884: Not Crow Dog, saved by an ex parte

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January 14 was supposed to be the hanging day in 1884 for the Sioux Crow Dog — but instead of being executed he was busy making caselaw.

A sub-chief of the Brule Lakota, Crow Dog on August 5, 1881, met — intentionally? — the tribal chief Spotted Tail on a road in the Rosebud Reservation and shot him dead with a rifle.

The killing was adjudicated the very next day within the Brule community, at a council where the killer and the survivors of his victim agreed together on the appropriate compensation, and paid up.* But the U.S. Indian agent on the scene also arrested Crow Dog a few days later, and had him tried for murder in a non-Indian court in the the frontier town of Deadwood.

Sidney Harring, who would expand this review to book length with Crow Dog’s Murder: American Indian Sovereignty, Tribal Law, and United States Law in the Nineteenth Century, argued in a 1988/1989 paper** that the needless white court’s trial was staged from the outset as a test case by the Bureau of Indian Affairs, angling for new legal tools to break the doctrine of tribal sovereignty which dated back to Worcester v. Georgia (1832). Although that anti-sovereignty cause would suffer a tactical setback in this case, it would very soon carry the day.

Condemned to death early in 1882, Crow Dog had various appeals, respites, and delaying actions that stretched the case out for nearly two years until the U.S. Supreme Court at last stepped in ahead of a scheduled January 14, 1884 execution to adjudicate the question of whether a murder within a tribe, on that tribe’s own reservation, was within the proper jurisdiction of non-Indian courts like the one that tried Crow Dog. Its Ex parte Crow Dog resoundingly answered in the negative, a milestone in the legal framework around Indian sovereignty in the U.S. To execute Crow Dog under the white court’s verdict, the justices ruled, would require Anglo law to be

extended over aliens and strangers; over the members of a community, separated by race, by tradition, by the instincts of a free though savage life, from the authority and power which seeks to impose upon them the restraints of an external and unknown code, and to subject them to the responsibilities of civil conduct, according to rules and penalties of which they could have no previous warning; which judges them by a standard made by others, and not for them, which takes no account of the conditions which should except them from its exactions, and makes no allowance for their inability to understand it. It tries them not by their peers, nor by the customs of their people, nor the law of their land, but by superiors of a different race, according to the law of a social state of which they have an imperfect conception and which is opposed to the traditions of their history, to the habits of their lives, to the strongest prejudices of their savage nature; one which measures the red man’s revenge by the maxims of the white man’s morality.

The legal doctrine at work here holds that although conquered, native tribes still possess internal sovereignty. And with Ex parte Crow Dog it became clear and settled American jurisprudence that one attribute of that remaining sovereignty was plenary — that is, absolute — power over purely internal affairs.

At least, for a year.

White America was discomfited by the abrogation of its morality-maxims over the revengeful red man, and the situation invited moral panic around any malfeasance in Indian country. The Washington D.C. Evening Star would complain months later (June 5, 1884) that Ex parte Crow Dog “has had the effect of creating the idea among the Indians that there is no law to punish an Indian for a crime committed on a reservation.” And the Supreme Court itself had slyly noted that it was obliged to make such rulings absent “a clear expression of the intention of Congress” to take a bite out of Indian sovereignty — an intent “that we have not been able to find.”

So in 1885, the U.S. Congress decided to express that intent and voted the Major Crimes Act placing Indians under federal, not tribal, jurisdiction for seven major types of crimes — including, of course, murder. “We all feel that an Indian, when he commits a crime, should be recognized as a criminal,” Michigan Congressman Byron Cutcheon urged on the legislation’s behalf. “It is an infamy upon our civilization, a disgrace to this nation, that there should be anywhere within its boundaries a body of people who can, with absolute impunity, commit the crime of murder, there being no tribunal before which they can be brought for punishment.”

This briefest interim between Ex parte Crow Dog and the Major Crimes Act was in a sense the high water mark for tribal sovereignty. Following the Major Crimes bill, white politicians began almost systematically reaching onto the reservations to legislate, picking away at tribal sovereignty until another much more infamous case, Lone Wolf v. Hitchcock, disastrously declared that plenary power now resided in Congress.

Crow Dog went on to become a major figure in the ghost dance movement. Present-day American Indian Movement activist Leonard Crow Dog is a descendant; he’s written a book connecting back to his famous ancestor called Crow Dog: Four Generations of Sioux Medicine Men. Meanwhile, South Dakota’s Sinte Gleska University is named for Spotted Tail.

* The price was $600, eight horses, and a blanket.

** Sidney Harring in “Crow Dog’s Case: A Chapter in the Legal History of Tribal Sovereignty,” American Indian Law Review, Vol. 14, No. 2 (1988/1989) — also the source of the preceding footnote.

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