Category Archives: U.S. Federal

1790: Thomas Bird, the first federal execution under the U.S. constitution

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This date in 1790 saw the first federal execution under the auspices of the recently ratified U.S. Constitution, when English mariner Thomas Bird hanged in Portland, Maine. (At the time, still part of Massachusetts.)

This book is also available here, and via the author’s Portland, Me., History Blog, or on order from any bookstore.

Today, we’re pleased to interview author Jerry Genesio, whose Portland Neck: The Hanging of Thomas Bird compellingly reconstructs this once-forgotten story — a small British slave ship making landfall in a North American city only recently torched by the British, where it is found that its violent captain has been murdered at sea in unclear circumstances.

In the aftermath of the American Revolution, the one man to pay life for John Connor’s life was the one British sailor aboard the ship.

Besides a captivating account of an 18th century American capital trial, Portland Neck features biographies of all the principal characters. Portlanders will also especially enjoy a 25-page appendix on the topography of the town at the dawn of the American Republic.

This was a British subject who killed a British victim on a British ship in international waters. Was there any question of whether a U.S. court had jurisdiction?

The people who were on the vessel when it was captured — one was British, one was Norwegian, one was American, and there was a 12- or 14-year-old African boy named Cuffey.

They came under U.S. jurisdiction because in the constitutional convention (article 3, section 2), the federal courts were given jurisdiction of admiralty and maritime cases.

The Supreme judicial court in Massachusetts — Maine was part of Massachusetts then — apparently considered bringing the case before its judges, but then the constitution overruled that when it was ratified.

And then they had to wait for the federal courts to be organized, because they didn’t exist yet. They languished in jail for almost a year while the courts were being organized.

In Chapter II, you describe Thomas Bird’s ship, the Mary, operating on the Guinea coast. It’s a small ship basically working the coast and rivers, making small sales of one or two slaves to the large slavers waiting to cross the Atlantic. There must have been whole niches of the slavery industry occupied by these sorts of small-timers.

Oh, yes. The large slave ships that carried several hundred, three, four hundred in their hold — they were too large to get too close to the coast of Africa. So they would anchor perhaps a mile offshore, and they would wait for these smaller ships, like the sloop Mary — Captain Connor was in business with people in London who sent him down there just to go up the rivers to various villages where they knew there were wars going on, and when there were wars, the captives would be sold to slavers. (They also traded ivory and gold.)

When they got slaves, crews like the Mary‘s would go to the ships who had been there the longest, because they knew they would get the best price. They were known to have been there as long as a year trying to fill their cargo, and the slaves they held were liable to die while they waited. Slave ships couldn’t even allow the slaves topside because they would jump overboard if they could and try to swim for shore.

Incidentally, the Google book project has many slave captain logs online. I was able to read about the ports that Captain Connor and Thomas Bird actually visited, and it gave me such a wealth of information, and I could practically see where they were.

Ed. note: here are a few from Genesio’s bibliography, all free at Google books:

You’ve compiled this book despite a paucity of primary trial data, and there are some spots where you’re clearly reading between the lines. How difficult was the historiography on Portland Neck?

There’s not a complete trial record. Even the examination before the court — the scribe tried, apparently, to write down all of their answers, but he did not write down the questions.

My concern is more around the scribe. Was the scribe hearing these answers properly? Was the scribe hard of hearing? One of them was replaced in the process. Was the scribe able to keep up? He was writing with a quill pen, after all.

And then, on top of all of that, they did not indicate on the court record who was the scribe, who did the questioning, and who wrote the answers down. And the prisoner never signed it!

And you felt that at some level, they targeted the Englishman out of this multinational crew.

I believe that people are so influenced by the events of their times — look at World War II and how we viewed the Japanese and the Germans, or the people involved in the war in Vietnam.

These people on the jury, the foreman on the grand jury, many of them were Portland residents whose homes had been burned by the British just 14 years earlier. The war had just ended seven years earlier.

Every one of the court officials on the prosecutors’ side were all officers in the Revolutionary War. [Notably, the U.S. marshal who actually carried out Bird’s hanging, Henry Dearborn. He took part in the decisive Battle of Yorktown and would go on to become Thomas Jefferson’s Secretary of War, as well as the namesake of the city of Dearborn, Michigan. -ed.]

All of these things influence what was going on. And the fact that they acquitted the Norwegian kid and executed the Englishman makes me feel, certainly, that there was a strong influence there that was hostile to Thomas Bird. But what actually happened and how people felt, we’re just too far away — but I suspect that played a role.

Thomas Bird claimed in his dying statement, knowing that he was to be hung in a couple of hours, that he did not kill John Connor. The lawyers desperately tried to get then-President Washington to give him a commutation, and Washington refused to do it.


Information wants to be free, y’all. The newspaper editor tried to sell a broadside with the condemned man’s final narrative, but public pressure eventually forced him to put it in the July 26, 1790 Cumberland Gazette.

How did you come by this story?

When I was working at Portland Public Library and I ran into a couple of lines referring to a Thomas Bird in books by William Willis and William Goold.

In Goold’s book, Portland in the Past, he actually interviewed a fellow named Charles Motley who was in his 90s, and this interview took place in the 1880s. Motley was the youngest child of the jailer who held Thomas Bird, and Charles Motley, and he describes being five years old and being allowed into the cell where Thomas Bird would carve them little toy boats. With a knife! Then when Thomas Bird was executed, there was a note about the jailer’s wife, Emma Motley, taking all seven children away, to the other side of the land from Portland, so that they wouldn’t know what was going on. They were probably playing with Thomas’s boats as he was being hanged. So it was obvious that the Motley family held this Thomas Bird in high regard, and I got to thinking, I want to know more about this guy.

He (Motley) was five years old at the time, and, with his older brother Edward, at the request of Bird, was often admitted by his father to the cell and spent much time there. The prisoner made them toy ships and boats … At the time of the execution, Mrs. Motley, the mother of the boys, took them over back of the Neck to be out of sight of the gallows, as the whole family had become interested in the fate of Bird.

–Goold

For a couple of years, I couldn’t find much of anything. Finally, I took the time to go down to the federal archives in Waltham, Mass., I found a little manila folder that was like a bar of gold. It had 12 little sheets written in quill, and it’s as much of a record of the trial as exists.

The other question in my mind is, why has nobody written about this before? I think maybe it’s because it’s something of an embarrassment, which reinforces my belief that maybe this hanging should not have taken place.

Thomas Bird, if they really suspected he was a participant, should have been punished, but probably shouldn’t have been hung. Unfortunately in those days, captains were like gods on their little wooden worlds. Even though, based on the testimony, [the victim] John Connor was a brutal drunk who beat his men mercilessly. Connor murdered his first mate on that voyage.

It’s sad because Bird probably saw America as some sort of refuge — he probably didn’t expect that he might be hanged for this crime. He’d been at sea since age eight, and all through the [American] Revolution he had been on both American and British ships. The British navy kept impressing him and making him serve on British warships, and he kept deserting and signing up for American ships instead.

One other interesting aspect of this story is that when Thomas Bird was looking for a ship to sign on with and signed on with the Mary, he might just have signed up on the HMS Bounty, because the Bounty was tied up at Wapping before its voyage to Tahiti. Had he signed on with the Bounty, he wouldn’t have fallen into American hands, but he might not have fared any better.

How thick on the ground were slaves and slavers in New England at this time?

There were a lot of slave captains, a lot of owners. Their home ports were in Boston or in Portland. Normally, when they came back to their home port, the product they were carrying was rum and molasses. Slaves would be delivered in the South or in the West Indies, separate legs in the triangle trade.

What’s your next project?

I’m working on a family genealogy.

After that, maybe something about Captain John Lovewell. He was a bounty hunter who went hunting for Indian scalps. In 1725 he was living in Massachusetts, and he got the court to authorize 10 pounds per scalp, and he recruited a small army and took off looking for Indians and found the Pequawket here in Fryeburg, Maine. They were not warriors, they were farmers.

Lovewell and a Scaticook named Paugus ended up killing each other at a battle at a pond now called Lovewell’s Pond.

Lovewell is the namesake of the town of Lovell. A couple of people have written Lovewell’s story, but I wanted to write it from the perspective of the Indians. And not only the Indians, but the true perspective — because John Lovewell was a bounty hunter, not a hero. He was willing to kill farmers who hadn’t killed anyone for their scalps.

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1865: Henry Wirz, for detainee abuse

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On this date in 1865, Henry Wirz was hanged in Washington, D.C. for running a notorious Confederate prison camp.

A Swiss-born doctor (“Henrich” was the real handle) whom time and tide found practicing in Louisiana at the onset of the Civil War, Wirz apparently got into the prison-guarding ranks when a war injury left him unfit for the front lines.

But it was front-line fitness in the northern army that would set the scene for his controversial hanging.

The North’s advantage in men and materiel shaped Union strategy as the war progressed, and it eventually caused the Union to halt prisoner exchanges. Exchanging casualty for casualty was a winning strategy on the battlefield, so why return to your enemy a man for a man? Besides,

[Grant] said that I would agree with him that by the exchange of prisoners we get no men fit to go into our army, and every soldier we gave the Confederates went immediately into theirs, so that the exchange was virtually so much aid to them and none to us.

–Benjamin Butler (we’ve met him before)

As designed, then, the South began piling up more and more POWs to maintain with its ever-straitened resources late in the war. And if exchange was out, that really only left one form of “release”.


Andersonville Prison survivor John L. Ransom’s view of the prison, from the Library of Congress.

Andersonville — officially, Camp Sumter, located near the tiny Georgia town of Andersonville — was only established in 1864, but acquired considerable notoriety in northern propaganda for the year and change that Wirz ran it. The prisoners didn’t enjoy it much, either.

Wuld that I was an artist & had the material to paint this camp & all its horors or the tounge of some eloquent Statesman and had the privleage of expresing my mind to our hon. rulers at Washington, I should gloery to describe this hell on earth where it takes 7 of its ocupiants to make a shadow.

–Union prisoner diary, July 1864. Note the prisoner’s anger at Washington — whose refusal to exchange naturally infuriated its stranded POWs

Out of some 45,000 prisoners held at Andersonville during its existence (not all at one time), nearly 13,000 succumbed to disease and malnutrition.* After the war, photos of wasted survivors inflamed (northern) public opinion, already tetchy over Abraham Lincoln’s assassination. Walt Whitman wrote of Andersonville,

There are deeds, crimes that may be forgiven but this is not among them. It steeps its perpetrators in blackest, escapeless, endless damnation.

Damnation is up to higher powers, of course, but the North wanted somebody to answer for Andersonville on this mortal coil. Lincoln’s successor Andrew Johnson overruled mooted charges against Confederate President Jefferson Davis and his Secretary of War James Seddon, leaving — in that great American tradition — Heinrich Wirz holding the bag.**

Shatner sighting!

The trial had an undeniable aspect of victor’s justice.† Even at the gallows, the Union guards chanted, “Wirz, remember Andersonville!” as the condemned man was readied for the noose, and then dropped. The hanging failed to break the man’s neck, and he strangled as the chant continued.

Southern efforts to reshape the story of Andersonville began in the lifetimes of Wirz’s contemporaries; this fulsome volume supporting the charges answered Jefferson Davis in terms that sound strikingly contemporary:

So long as Southern leaders continue to distort history (and rekindle embers in order to make the opportunity for distorting it), so long will there rise up defenders of the truth of history … To deny the horrors of Andersonville is to deny there was a rebellion. Both are historic facts placed beyond the realm of doubt.

But of course, it does not require denying the horrors of Andersonville to notice the circumstances — the privation of the entire South late in the war — and to wonder that Wirz and Wirz alone was held to account. Plenty of people think he got a bum rap.


Daughters of the Confederacy monument to Wirz. (cc) image from divemasterking2000.


Pro-Wirz marker in Andersonville, Ga. (Click for easier-on-the-eyes version, reading in part, “Had he been an angel from heaven, he could not have changed the pitiful tale of privation and hunger unless he had possessed the power to repeat the miracle of the loaves and fishes”). (cc) image from Mark D L.

Recommended for general reading: the UMKC Famous Trials page on this case, several of whose pages have been linked in this entry. A number of nineteenth-century texts by (or citing) Andersonville survivors are available from Google books, including:

Since this is a controversy of the Civil War — and one that can be engaged without having to get into that whole slavery thing — there have been thousands of published pages written about it, with many more sure to come in future years.

A few books about Henry Wirz and Andersonville

As an interesting aside, Civil War POW camps including Andersonville (but not only Andersonville) gave us the term “deadline,” which had a more startlingly literal definition in the 1860s — a perimeter beyond which prisoners would be shot on sight, which policy could make a handy stand-in for walls. Gratuitously killing an insane prisoner who crossed Camp Sumter’s “dead line” was one of the atrocities laid to Wirz, who we take it would not have been at home to the word’s decreasingly urgent appropriation in the wider culture.

* Wirz’s defense showed, to no avail, that the prisoners and the guards received the same rations, with similarly deleterious effects among both, and that the commandant was on record pleading with his superiors for more.

** Wirz’s attorney claimed that his man was offered (and refused to take) a last-minute pardon on November 9 in exchange for implicating Jefferson Davis.

† Wirz and borderlands guerrilla Champ Ferguson were the only Confederates executed for their “war crimes”. There was at least one other prison guard who faced similar charges of prisoner maltreatment, John Henry Gee; Gee was acquitted and released in 1866. (For more on the latter, see “A Little-known Case from the American Civil War: The War Crimes Trial of Major General John H. Gee” by Guénaël Mettraux in the Journal of International Criminal Justice, 2010.)

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1930: Carl Panzram, rage personified

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On this date in 1930, one of the most nihilistic criminals in American history was hanged for murder at Leavenworth Federal Penitentiary — in character to his last breath, a sneer at the hangman about to put him to death:

“Hurry it up, you Hoosier bastard! I could hang 10 men while you’re fooling around!”

Panzram — according, at least, to an autobiography which is largely unverifiable — had the chops to back up his taunt.

A Minnesota-born son of German immigrants, Panzram was into the juvenile detention system by adolescence, and at 14 hopped a freight train bound for a life of vagrancy. In Panzram’s recounting, his boyhood was a hellscape — even knowing what he became, it’s possible to feel compassion for the the killer’s remembrance, “Everybody thought it was all right to deceive me, lie to me and kick me around whenever they felt like it, and they felt like it pretty regular.”

Worse was to come for Carl — sexual molestation, a gang-rape by fellow hobos — and much worse by Carl.

The rape may have shattered the restraints on his conscience … or maybe they was already gone by then. “Might makes right” became his credo; to alcoholic and thief he added a portfolio of rape and enthusiastic homicide, crisscrossing the country (with a side trip to Africa), escaping or wheedling out of jails when he was picked up for something, and finding it amazingly easy to slay his fellow men.

A full narrative of Panzram’s grisly career is available at trutv.com. Much of this is, again, sourced only to Panzram himself, so the possibility of bloodthirsty braggadocio cannot be dismissed; even at a fraction of its alleged scope and brutality, his career was a triumph in horror.

While I was sitting there, a little kid about eleven or twelve years old came bumming around. He was looking for something. He found it, too. I took him out to a gravel pit about one-quarter mile away. I left him there, but first I committed sodomy on him and then killed him. His brains were coming out of his ears when I left him, and he will never be any deader.

It was the murder of a fellow inmate at the federal prison in Leavenworth, Ks., that sealed his fate. Panzram was in his late 30’s by this time, facing a long prison sentence. Something between the fury that fueled him and the desperate reality of not seeing the outside again until he was an old man may have impelled him to check out intentionally: he had warned that he would murder an inmate, and he responded to anti-death penalty campaigners’ attempts to save him by threatening to kill them, too.

In my lifetime I have murdered 21 human beings, I have committed thousands of burglaries, robberies, larcenies, arsons and last but not least I have committed sodomy on more than 1,000 male human beings. For all these things I am not in the least bit sorry.

It seems the fate of common criminals, even those as prolific and infernal as Panzram, to shuffle into obscurity in fairly short order. Among devotees of the dark underbelly, Panzram may be well-known; to the larger public, he’s long forgotten.

Panzram’s memoirs, released as Killer: A Journal of Murder, were turned into a 1996 James Woods vehicle of the same title:

Interestingly, Panzram is also name-checked in another more famous literary artifact: In the Belly of the Beast, the tour de force of Norman Mailer protege Jack Abbott, who had conned the litterateur into backing his bid for parole, was rather boldly dedicated to Carl Panzram.* It will not surprise the reader to learn that Abbott, upon his release, killed again.

But a new generation is waiting to rediscover its butchers … and a new documentary, Panzram, is in production to bring the story back to silver screens and Netflix queues of the 21st century.

* Abbott was writing to Mailer while the latter was banging out his book about notable executee Gary Gilmore.

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1865: Four for Abraham Lincoln’s assassination

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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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1953: Julius and Ethel Rosenberg, “the first victims of American fascism”

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On this date in 1953, Julius and Ethel Rosenberg were put to death in Sing Sing’s electric chair as Soviet spies.

Divisive since it was handed down — or more precisely, since a famous article in London’s Guardian challenged the verdict and helped elevate it into a latter-day Dreyfus case — the Rosenbergs‘ sentence has inspired so much acrimony over several generations that merely to observe the date is to invite a debate capable of eminently more heat than light.

Where to begin with a case so towering in the recent cultural milieu?

A textbook might say that Julius and Ethel were convicted of passing atomic secrets to the Russians, that they maintained their innocence and their defenders carried that flame years after their deaths, and that intelligence files opened after the Cold War — notably the Venona project — apparently confirmed that Julius was a spy after all, though Ethel seems to have been little more than an approving bystander and Julius, come to think of it, never had anything so worthwhile as atomic secrets to share with Moscow. This information (which does have its own skeptics, albeit a small minority) undermines the maximal “absolute innocence” position that this day’s victims always asserted, but it’s a curious leap to take it as vindicating the legal outcome.

“My husband and I must be vindicated by history; we are the first victims of American fascism.”

Half a century on, juridical guilt or innocence seems distinctly secondary in the lasting importance of the Rosenberg trial, the two-year battle to save them, and their potent symbolic afterlives.

The Rosenbergs are the only stateside judicial executions for espionage since the Civil War.* That is a remarkable distinction, after all; so, how comes it that it is held by — to state the case against them in its strongest imaginable terms — two enthusiastic but bush-league players, and not by the likes of Aldrich Ames? How was it that a judge with a largely center-liberal career on the bench would read them a sentence of death hysterically accusing these Lower East Siders of causing the Korean War?

[Y]our conduct in putting into the hands of the Russians the A-bomb years before our best scientists predicted Russia would perfect the bomb has already caused, in my opinion, the Communist aggression in Korea, with the resultant casualties exceeding 50,000 and who knows but that millions more of innocent people may pay the price of your treason.

…

I feel that I must pass such sentence upon the principals in this diabolical conspiracy to destroy a God-fearing nation, which will demonstrate with finality that this nation’s security must remain inviolate; that traffic in military secrets, whether promoted by slavish devotion to a foreign ideology or by a desire for monetary gains must cease.

It is here in the age of McCarthyism, in the shadow of the USSR’s balance-altering A-bomb test in 1949, that the Rosenbergs stand in sharpest relief — not because of “guilt” or “innocence”, but as the ne plus ultra of that era’s range of social discipline.

A few years before, the United States and the Soviet Union had made common cause against Hitler in World War II, the United States pumping war materiel to Russians bearing the brunt of the fighting.

No longer operative.

The Communist Party USA enjoyed membership rolls pushing six figures; other socialist parties and movements had found niches in American life in the interwar years.

As the Great War gave way to the Cold War, the great powers remained nominal allies (that’s the reason the Rosenbergs weren’t tried for treason), but shifted rapidly into conflict. The American polity organized to expel the red menace by rendering it foreign and criminal — ideological rigging for the forty years’ imperial contest ahead. Loyalty oaths, blacklists, the House Un-American Activities Committee … in the whole of the self-conscious construction of communism as “contagion”, the power and willingness of the state to kill Julius and Ethel Rosenberg formed the tip of the spear, and an ugly contrast to that same state’s solicitous handling of Nazi scientists then developing the vehicles to deliver atomic technology to Moscow in mushroom cloud form.

Though different in many particulars, the thrust will be familiar to any sentient denizen of post-9/11 America: the extreme penalty enforces a wall between the suspect and abject (but tolerated) loyal liberal and the enemy left. Depend upon Ann Coulter for the most brutal articulation:

We need to execute people like John Walker [the American-born soldier captured fighting for the Taliban in 2001] in order to physically intimidate liberals, by making them realize that they can be killed, too. Otherwise, they will turn out to be outright traitors.

Like most symbols, the Rosenbergs came by their exaltation by accident; at the strictly personal level, their deaths are nearly operatic performances of human stubbornness and bureaucratic inertia. Investigators rolling up a spy ring** were looking for confessions and names to keep the indictments coming.

Julius refused to provide either, so his wife was arrested for leverage against him on the reasoning that he would confess to protect her. The gambit failed: both prisoner and hostage remained obstinate. The government’s bluff had been called, and it ruthlessly executed its threat.

Had the two really been responsible for starting a war, execution would hardly begin to cover the bill — yet to the very foot of the chair, the condemned, and Julius especially for the sake of his wife, were pressed with offers of mercy for confessing and “naming names”.

Abjure or expire: show trial logic.

[audio:Julius_and_Ethel_Rosenberg.mp3]

An Execution in the Family

Given names to name, the personal mystery of their silence — the ultimate heroism or folly or tragedy or transcendence — only deepens the resonance of their fate both for contemporaries and posterity, the poignance of their orphaned children’s subsequent path, the contrast with Ethel’s brother David Greenglass who has since admitted to perjuring testimony against Ethel in order to shield his own wife. (Greenglass says the Rosenbergs died from the “stupidity” of not copping a deal of their own.)

Even before Julius and Ethel went to the chair this date,† they had become the emblem of a paranoid age. In the days following, Sartre savaged the United States for trying “to stop scientific progress by a human sacrifice”:

Your country is sick with fear. You’re afraid of everything: the Russians, the Chinese, the Europeans. You’re afraid of each other. You’re afraid of the shadow of your own bomb.

Decades later, the shadows haven’t faded altogether. In playwright Tony Kushner’s imagination, the spirit of Ethel stalks her real-life prosecutor, closeted McCarthy henchman Roy Cohn, as he succumbs to AIDS in the 1980’s.‡

Rosenberg resources — and vitriol — are in plentiful supply online and off. A good starting point on the case is this page at the University of Missouri – Kansas City. Be sure to check the tale of a last-ditch legal maneuver that almost succeeded.

* There is one partial exception in the unusual case of six German saboteurs electrocuted in Washington, D.C., during World War II on a charge sheet that included espionage. The hearing was held by a military commission and only one of the six was an American citizen, so it was far from the regular judicial process — if one can call it that — the Rosenbergs faced.

** Originating in the investigation of Klaus Fuchs, the man who actually did what Julius and Ethel Rosenberg were accused of doing — passing atomic secrets to Moscow — although with debatable ultimate effect for the Soviets’ research. Fuchs served nine-plus years in a British prison and was released to East Germany; more than a few were galled at the difference between his sentence and the Rosenbergs’.

Stateside, George Koval was another spy far more valuable to Moscow in the nuclear race than were the Rosenbergs. Koval got away clean and died in Moscow in 2006.

† Julius first, then Ethel. Her execution was botched; repeated shocks were required to kill her.

‡ Cohn’s posthumous autobiography did acknowledge illegally rigging the Rosenberg trial, as his Kushner character does.

On this day..

2001: Timothy McVeigh, Oklahoma City bomber

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At 7:14 a.m. on this date in 2001, Oklahoma City bomber Timothy McVeigh was executed at the federal penitentiary in Terre Haute, Ind.

More ink has been spilled about the 33-year-old Gulf War veteran and his infamous crime than this space can possibly hope to summarize. Books can be — and have been — written debating whence McVeigh sprang and whether he was rightly convicted.

McVeigh tended to keep coy about his version of his activities on April 19, 1995,* but he was never less than frank about his philosophy.

Though his avowed motive, the Waco slaughter that occurred two years to the day before Oklahoma City, has never exactly been secret, the way he’s connected those events has also never been particularly welcome. And McVeigh would say that the fact that he suffered execution while the only parties punished in the Waco siege were the survivors makes his point.

For all its moral monstrosity, the Gulf War veteran’s critique of his violent actions vis-a-vis those the state claims legitimacy for makes discomfiting reading, and is not always so easy to answer. From our distance of time, knowing that three months after McVeigh’s execution another terrorist act to beggar Oklahoma City would propel the United States back into Iraq, it strikes eerily prescient notes.

In a 1998 essay, McVeigh savaged the government for its hypocritical posture towards the country he had once fought, Iraq:

The administration has said that Iraq has no right to stockpile chemical or biological weapons (“weapons of mass destruction”) — mainly because they have used them in the past.

Well, if that’s the standard by which these matters are decided, then the U.S. is the nation that set the precedent. The U.S. has stockpiled these same weapons (and more) for over 40 years. The U.S. claims that this was done for deterrent purposes during the “Cold War” with the Soviet Union. Why, then is it invalid for Iraq to claim the same reason (deterrence) — with respect to Iraq’s (real) war with, and the continued threat of, its neighbor Iran?

…

If Saddam is such a demon, and people are calling for war crimes charges and trials against him and his nation, why do we not hear the same cry for blood directed at those responsible for even greater amounts of “mass destruction” — like those responsible and involved in dropping bombs on [Dresden, Hanoi, Tripoli, Baghdad, Hiroshima and Nagasaki]?

…

The truth is, the use of a truck, a plane, or a missile for the delivery of a weapon of mass destruction does not alter the nature of the act itself.

These are weapons of mass destruction — and the method of delivery matters little to those on the receiving end of such weapons.

Whether you wish to admit it or not, when you approve, morally, of the bombing of foreign targets by the U.S. military, you are approving of acts morally equivalent to the bombing in Oklahoma City. The only difference is that this nation is not going to see any foreign casualties appear on the cover of Newsweek magazine.

It seems ironic and hypocritical that an act viciously condemned in Oklahoma City is now a “justified” response to a problem in a foreign land.

Another note sent shortly before his execution to author Gore Vidal travestied government warmaking talking points:

[T]his bombing was also meant as a pre-emptive (or pro-active) strike against those forces and their command and control centers within the federal building. When an aggressor force continually launches attacks from a particular base of operations, it is sound military strategy to take the fight to the enemy. Additionally, borrowing a page from U.S. foreign policy, I decided to send a message to a government that was becoming increasingly hostile, by bombing a government building and the government employees within that building who represent that government. Bombing the Murrah Federal Building was morally and strategically equivalent to the U.S. hitting a government building in Serbia, Iraq, or other nations. Based on observations of the policies of my own government, I viewed this action as an acceptable option. From this perspective what occurred in Oklahoma City was no different than what Americans rain on the heads of others all the time, and, subsequently, my mindset was and is one of clinical detachment.

He broadcast clinical detachment in the execution itself — the first conducted by the federal government since 1963, technically imposed for the eight federal employees among his 168 victims — from his waiver of appeals to his unnervingly unblinking death mask to the stoic 19th century poem “Invictus” that formed his written (and only) final statement.

* Also — coincidentally or not — the execution date of Richard Snell in Arkansas, a militia man (and white supremacist, which McVeigh was not) who had once tried to blow up the Murrah building himself.

On this day..