Category Archives: Wrongful Executions

1927: Sacco and Vanzetti (and Celestino Madeiros)

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America Sacco & Vanzetti must not die

-Allen Ginsberg, “America” (mp3)

We have now reached a stage of the case the details of which shake one’s confidence in the whole course of the proceedings and reveal a situation which undermines the respect usually to be accorded to a jury’s verdict.

-Felix Frankfurter in The Atlantic

America our nation has been beaten by strangers who have turned our language inside out who have taken the clean words our fathers spoke and made them slimy and foul

their hired men sit on the judge`s bench they sit back with their feet on the tables under the dome of the State House they are ignorant of our beliefs they have the dollars the guns the armed forces the powerplants

they have built the electricchair and hired the executioner to throw the switch

all right we are two nations

. . .

but do they know the old words of the immigrants are being renewed in blood and agony tonight do they know the old American speech of the haters of oppression is new tonight in the mouth of an old woman from Pittsburgh of a husky boilermaker from Frisco who hopped freights clear from the Coast to come here …

the men in the deathhouse made the old words new before they died.

–John Dos Passos, The Big Money (part of the U.S.A. trilogy)

Let us abandon then our gardens and go home
And sit in the sitting room.
Shall the larkspur blossom or the corn grow under this cloud?
Sour to the fruitful seed
Is the cold earth under this cloud,
Fostering quack and weed, we have marched upon but cannot conquer;
We have bent the blades of our hoes against the stalks of them.

Let us go home, and sit in the sitting room.
Not in our day
Shall the cloud go over and the sun rise as before,
Beneficent upon us
Out of the glittering bay,
And the warm winds be blown inward from the sea
Moving the blades of corn
With a peaceful sound.
Forlorn, forlorn,
Stands the blue hay-rack by the empty mow.
And the petals drop to the ground,
Leaving the tree unfruited.
The sun that warmed our stooping backs and withered the weed uprooted
We shall not feel it again.
We shall die in darkness, and be buried in the rain.

What from the splendid dead
We have inherited —
Furrows sweet to the grain, and the weed subdued —
See now the slug and the mildew plunder.
Evil does overwhelm
The larkspur and the corn;
We have seen them go under.

Let us sit here, sit still,
Here is the sitting-room until we die;
At the step of Death on the walk, rise and go;
Leaving to our children`s children this beautiful doorway,
And this elm,
And a blighted earth to till
With a broken hoe.

-Edna St. Vincent Millay, “Justice Denied in Massachusetts”

If it had not been for these things, I might have lived out my life talking at street corners to scorning men. I might have died, unmarked, unknown, a failure. Now we are not a failure. This is our career and our triumph. Never in our full life could we hope to do such work for tolerance, for justice, for man’s understanding of man as now we do by accident. Our words — our lives — our pains — nothing! The taking of our lives — lives of a good shoemaker and a poor fish-peddler — all! That last moment belongs to us — that agony is our triumph.

-Bartolomeo Vanzetti


Ben Shahn, The Passion of Sacco and Vanzetti

A recently discovered letter indicates that Upton Sinclair was convinced of his subjects’ guilt.

“Alone in a hotel room with Fred [Moore], I begged him to tell me the full truth … He then told me that the men were guilty, and he told me in every detail how he had framed a set of alibis for them … I faced the most difficult ethical problem of my life at that point … I had come to Boston with the announcement that I was going to write the truth about the case.”

But Sinclair had reasons beyond the “ethical” to tell what he saw as the larger truth. From a different letter:

“My wife is absolutely certain that if I tell what I believe, I will be called a traitor to the movement and may not live to finish the book … Of course, the next big case may be a frame-up, and my telling the truth about the Sacco-Vanzetti case will make things harder for the victims … It is much better copy as a naïve defense of Sacco and Vanzetti because this is what all my foreign readers expect, and they are 90% of my public.”

Well, the dying time came, the legal midnight hour,
The moment set by law for the Chair to be at work,
To substantiate the majesty of the State of Massachusetts
That hour was at hand, had arrived, was struck by the clocks,
The time for two men to be carried cool on a cooling board
Beyond the immeasurably thin walls between day and night,
Beyond the reach of airmail, telegrams, radiophones,
Beyond the brotherhoods of blood into the fraternities
Of mist and foggy dew, of stars and ice.
 The time was on for two men
 To march beyond blood into dust —
 A time that comes to all men,
 Some with a few loved ones at a bedside,
 Some alone in the wilderness or the wide sea,
 Some before a vast audience of all manking.

 Now Sacco saw the witnesses
 As the straps were fitted on
 Tying him down in the Chair —
 And seeing the witnesses were
Respectable men and responsible citizens
And even though there had been no introductions,
 Sacco said, “Good-evening, gentlemen.”
And before the last of the straps was fastened so to hold
Sacco murmured, “Farewell, mother.”

Then came Vanzetti.
He wished the vast audience of all mankind
To know something he carried in his breast.
This was the time to tell it.
He had to speak now or hold his peace forever.
The headgear was being clamped on.
The straps muffling his mouth were going on.
He shouted, “I wish to forgive some people
  for what they are now doing.”
 And so now
 the dead are dead????

-Carl Sandburg, “Legal Midnight Hour”


(The executions took place just after midnight Aug. 22-23)

THE names of the “good shoe-maker and poor fish-peddler” have ceased to represent merely two Italian workingmen. Throughout the civilised world Sacco and Vanzetti have become a symbol, the shibboleth of Justice crushed by Might. That is the great historic significance of this twentieth century crucifixion, and truly prophetic, were the words of Vanzetti when he declared, “The last moment belongs to us–that agony is our triumph.”

…

Vanzetti was right when he declared that his execution was his greatest triumph, for all through history it has been the martyrs of progress that have ultimately triumphed. Where are the Caesars and Torquemadas of yesterday? Who remembers the names of the judges who condemned Giordano Bruno and John Brown? The Parsons and the Ferrers, the Saccos and Vanzettis live eternal and their spirits still march on.

-Alexander Berkman and Emma Goldman, “Sacco and Vanzetti”

Starting points for the many Sacco and Vanzetti resources online: Famous American Trials | Wikipedia | Massachusetts Supreme Court virtual tour | American Writers and the Sacco-Vanzetti Case

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1679: St. John Kemble, 80-year-old priest

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On this date in 1679, 80-year-old Catholic priest John Kemble was martyred for the faith at Hereford.

Kemble had been discreetly performing the offices of his faith — still illicit, but less liable to get you killed at this late date — for over five decades since ordination.

Unhappily, Titus Oates and his tall tales of a Popish Plot to assassinate King Charles II came along at the end of that run. In the ensuing anti-Catholic spasm, Kemble was one of the unlucky ones rousted.

Even in the hysteria of the times, nobody could make an actual conspiracy charge stick against this ancient cleric, but in the hands of a sufficiently hostile judiciary, his demonstrable exercise of the priesthood could be enough to make him a traitor. And at his age, the opportunity to buy his life at the cost of his conscience didn’t look the bargain:

According to the course of nature I have but a few years to live. It will be an advantage to suffer for my religion and therefore I will not abscond.

He got the mild consolation of hanging to death before the unpleasant drawing-and-quartering bits were executed upon him, and calmly puffed a pipe and shared a bowl of wine with the sympathetic representatives of the law before it all happened. As a result, Herefordshire long called the comforts enjoyed before a parting a “Kemble pipe” and “Kemble cup”.

He’s been elevated to sainthood on the strength of his posthumous miracles, like healing the jailer’s daughter of throat cancer; the holy man’s severed hand, held at St. Francis Xavier’s in Hereford, is supposed to have saved a man from death as recently as 1995.

(The rest of St. John Kemble reposes at Welsh Newton, and is venerated at an annual pilgrimage.)

Kemble was among the last of the Forty Martyrs of England to die for the Catholic faith; a fellow-inmate, David Lewis, paid his own penalty just five days later.

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1938: Margarita Arsenieva, the explorer’s widow

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On this date* in 1938, the widow of the Russian explorer and ethnographer Vladimir Arseniev was convicted in a drumhead trial of espionage and sabotage, and summarily shot at Vladivostok.

Vladimir Arseniev explored the distant Far East on foot with the help of local guides during the last years of the tsar.

Arseniev formed a lifelong friendship with one such guide, and gave the man’s name to the title of a widely-read book about his explorations — Dersu Uzala.

Japanese director Akira Kurosawa adapted Dersu Uzala to the silver screen in a 1975 joint Japanese-Soviet production that pocketed an Oscar as Best Foreign Language Film. (The entire film is available online through Veoh.)

Arseniev died in 1930 — not by the executioner’s offices — and was survived by his wife and scientific assistant Margarita.

As the subsequent, terrible decade unfolded, Margarita and other members of the Far Eastern Academy of Sciences came under official political scrutiny that would eventually lead to a purging.

Arrested once in 1934, and again in 1937, on the usual right-Trotskyist-conspirator stuff (Vladimir Arseniev — a suspect fellow in his later years for a potentially un-Soviet attitude to “the national question” — was the ringleader, dontcha know?), Arsenieva and a number of colleagues waited a year to get their 10-minute trial this date before assizes of the Military Collegium of the Supreme Court. Six in all, including Margarita Arsenieva, were held “subject to immediate execution.”

The Arseniev’s orphaned teenage daughter Natalia was subsequently consigned to the gulag.

Most of the sources about Margarita Arsenieva available online are in Russian, including:

* This German text gives Aug. 23 as the date of the trial and execution, and a couple of other online sources use that date instead.

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1799: Thomas Nash, after rendition to the British

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On this date in 1799, Thomas Nash was hanged in Jamaica for the bloody mutiny on the HMS Hermione.


Before there was Hermione Granger, there was the HMS Hermione. Painting by Thomas Whitcombe.

The Admiralty’s most notorious mutiny this side of the Bounty was actually a far bloodier affair. Dig the description from one of the conspirators who later turned state’s evidence.

“The captain,” said he, “was very severe with the men, who were all good seamen, and they were determined to either run the ship on shore and desert, or else take her by force. This had been in their minds for months before it happened. At last,” said he, “on a dark night, when the young lieutenant had the watch, our minds were made up. A party went to the cabin-door, knocked down the sentry, and entered it. The captain was in his cot, and he was soon overpowered. We threw him out of the cabin-window. Another party threw the officer of the watch over the larboard quarter, but he, being young and active, caught hold of the hammock-stanchion, when one of the men cut his hands off, and he soon dropped astern. The first lieutenant had been ill and keeping his cot, but on hearing the noise, he came up the hatchway in his shirt, when one of the carpenter’s crew cut him down with an axe, and he was sent overboard with several others.”

(There’s a fine audio lecture about this mutiny in the context of maritime class violence at the Bristol Radical History Group, which reminds that in a context where most of a ship’s manpower was marshaled with the violence of involuntary conscription, mutiny bids were a regular feature of Old Blighty’s maritime empire. London Times archives are available from 1785, and searches on the word “mutiny” in those early years reveal dozens of episodes — and those were just the reported ones.)

After making sharkmeat of that tyrannical captain, 27-year-old Hugh Pigot, the Hermione mutineers got drunk, and then delivered the frigate to the Spanish.

A Royal Navy vessel aptly named the Surprise* was able to surprise the wayward warship and cut her out of the Venezuelan harbor Puerto Cabello. The Hermione was then aptly renamed the Retaliation (and later, Retribution). Then, the British put the ominous word into action with a global manhunt for the mutineers.

Nearly thirty men ultimately hanged for the affair, though that meant that most of those involved escaped the noose.

And Executed Today never** deals with the lucky ones.

Mind if I do a Jay?

And so we come at last to our day’s protagonist, one of the Hermione mutineers who was at length recognized in the breakaway former British colonies now constituting themselves the United States of America.

Upon catching this intelligence, British envoys demanded the extradition of this character — who now claimed to be an American citizen by the name of “Jonathan Robbins” — under the terms of the recent and controversial Jay Treaty. After several months under lock and key without any American charge against him, Robbins/Nash eventually had a habeas corpus hearing before Judge Thomas Bee, who decided† that this “American citizen” was no such thing. With an okay from the Adams administration, Bee had the man delivered to the crown.

Nash was immediately shipped down to the British colony of Jamaica, put on trial on Aug. 15 (he had no defense), and hanged on Aug. 19.

Little could the Waterford-born seaman imagine the legacy he bequeathed his fake-adopted country.

I know my rights, man

The Nash extradition became a political firestorm in the U.S., with anti-British Jeffersonian Democratic-Republicans decrying the Federalist administration’s handling of the case. For the infant republic, formulating juridical precedent on the fly, this played as a separation-of-powers issue: was it within the president’s power to fulfill the treaty unilaterally, absent executing legislation passed by Congress? Was it within a judge’s purview to approve an extradition request without the constitutionally assured right to trial by jury?

Sounding eerily contemporary, New York Rep. Robert Livingston denounced a system whereby “a citizen of the United States might be dragged from his country, his connections and his friends, and subjected to the judgment of an unrelenting military tribunal.” Less measured, a Philadelphia Aurora headline announced: “BRITISH INFLUENCE threatens destruction of these United States!” (Source of both quotes)

Though it was surely not decisive, this issue provided great fodder in the 1800 elections swept by the Democratic-Republicans and standard-bearer Thomas Jefferson. Jefferson’s home state of

Virginia, the stronghold of inimical feeling to Great Britain … passed a law forbidding under heavy punishment a magistrate to be instrumental in extraditing any person out of the state. Thus desertions from British ships in a Virginian port became a regular event. Captains of British vessels sailing to United States ports in no long time would meet their men strolling in the streets, furnished with naturalization papers, who set them at defiance, for their arrest was impossible.

“This passage of history,” the otherwise hostile-to-Nash source is obliged to concede, “tells unfavourably on the character of the treatment of British seamen … the Discipline was harsh and oppressive, one of pure repression. The consideration of others, enforced by benevolence and duty, was often regarded as weakness.”

Hard to imagine why anyone would want to mutiny! It calls to mind, at the end of this passion play as at its start, the words supposed to have been hurled at the Hermione‘s doomed Captain Pigot as he pled with his assailants for mercy: “You’ve shown no mercy yourself and therefore deserve none.”

A real reactionary

Despite the electoral slam dunk, the real last word on the case ultimately belonged to the administration’s defenders.

Among these rose in Congress a first-term — for he would only serve a single such term — member of the House of Representatives also from the Old Dominion, John Marshall.

Just months later, Marshall would be one of outgoing President Adams’s “midnight judges” appointed to the federal courts: in Marshall’s case, to the U.S. Supreme Court, where his epochal 34-year term as Chief Justice would shape the future evolution of American jurisprudence.

Rising on March 7, 1800, in defense of President Adams’s conduct in the Nash case, Representative Marshall gave a preview of the strong federalist perspective that would define his time on the bench. (Read it in full here.)

The President is the sole organ of the nation in its external relations, and its sole representative with foreign nations … He possesses the whole Executive power. He holds and directs the force of the nation. Of consequence, any act to be performed by the force of the nation is to be performed through him.

This passage was exhumed from Congressional archives for citation in a 1936 Supreme Court case on federal supremacy, and has proceeded thence into a go-to bullet point for every latter-day defender of any arbitrary executive authority.

Of consequence (as Marshall might put it), Marshall’s speech about Nash gets an approving reference in Bush administration lawyer — and possible future extradition subject? — John Yoo‘s September 25, 2001 memorandum on “The President’s Constitutional Authority to Conduct Military Operations Against Terrorists and Nations Supporting Them”.

Supreme Court Justice Clarence Thomas, too, quotes this phrase in his Hamdi v. Rumsfeld dissent, further to the doctrine that a man consigned to a presidential oubliette has no recourse to the courts; Justice John Harlan used it (with the rather grandiosely exaggerated qualifier that “from that time, shortly after the founding of the Nation, to this, there has been no substantial challenge to this description”) in his dissent in the Pentagon Papers case to claim that Richard Nixon could prevent the New York Times and Washington Post from publishing the embarrassing classified history of the Vietnam War.‡

So in this imperial age, Thomas Nash is more with us than ever he was. Who knows but what noxious monarchical theories are even now being buttressed with footnotes resolving to the vindictive execution of that obscure mariner two centuries past?

* The Surprise features prominently in novelist Patrick O’Brian‘s beloved Aubrey-Maturin series of nautical adventure novels, the most widely recognized of which is Master and Commander.

Given the vessel’s centrality in this popular series, there’s a book all about the colorful history of the Surprise. In reality, the Surprise — actually a captured French ship herself — was sold out of the service in 1802, prior to the notional 1805 setting of both the cinematic Master and Commander: The Far Side of the World and the book in the series when Jack Aubrey first commands her.

** … hardly ever.

† Rightly, it’s generally presumed; “Robbins” is alleged (albeit by his self-interested executioners) to have confessed to being Nash before his execution. This entry garners the Wrongful Execution tag on the basis of its contested American jurisprudence.

‡ The limited aim of Marshall’s speech in context, and its subsequent (mis)appropriation, is the subject of an interesting and accessible-to-laypersons law review article here. (pdf) This tome gets a bit more into the weeds on the way the separation of powers operated practically as the Nash case unfolded in Judge Bee’s court.

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1775: Thomas Jeremiah, Charleston’s wealthiest free black

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

On this day in 1775, Thomas Jeremiah, a free black man in the then-colony of South Carolina, was hung after being convicted of attempting to a slave insurrection.

The case against him was extremely weak, but he was tried/framed under the Negro Act of 1740 (in a slave court, although he was not a slave), wherein the defendant was considered guilty until proven innocent. South Carolina’s own royal governor, William Campbell, called it a case of “judicial murder.”

Very little is known about Jeremiah. He left no diary or letters behind, and most of his trial records have been lost. We know he was married but we know nothing about his wife, whether she was a slave or a free black like himself, or whether they had any children. We don’t know how he became free or how he learned his trade. He is, in fact, so obscure that he doesn’t even have his own Wikipedia entry.

What little we do know, however, suggests that he was a most extraordinary man: a fisherman and ship’s pilot, one of less than 500 free blacks in the city of Charles Town (now called Charleston), Jeremiah had somehow managed to claw his way up and amassed a net worth of £1,000, or about $200,000 in today’s money. He was one of the wealthiest free black men in North America, and certainly the wealthiest self-made one.

Himself a slaveowner, he had no reason to start a slave rebellion, but this didn’t matter to those who convicted him. Jeremiah’s life, trial and death are discussed in detail in J. William Harris’s 2009 book, The Hanging of Thomas Jeremiah: A Free Black Man’s Encounter with Liberty. (This book review provides a good summary.)

2010 saw the publication of a second book, The World of Thomas Jeremiah: Charles Town on the Eve of the American Revolution.

Jeremiah was basically a victim of his own success. He had risen too high; he made the local white elites uncomfortable. As Harris noted, Jeremiah “did not need to gather arms or preach revolution to undermine slavery, because his whole life was a refutation of whites’ basic justification for slavery.”

Henry Laurens, a wealthy businessman, future Continental Congressman, slaveowner, and contemporary of Jeremiah’s, stated he was “a forward fellow, puffed up by prosperity, ruined by Luxury & debauchery & grown to amazing pitch of vanity & ambition.” He needed to be smacked down and he was, most severely.

In the spring and summer of 1775, revolution was fomenting everywhere. White “Patriots” wanted an opportunity to get out from under England, but they feared their slaves would use the conflict to try and get out from under them.

Nat Turner and Charleston’s own Denmark Vesey — these immortal rebels lay years into the future, but their very prospect made slave rebellions an omnipresent fear among the white populace. It was jumpy. And when two slaves accused Jeremiah of trying to persuade them to rebel, it jumped.

Only a few months passed between Jeremiah’s arrest and his execution. By that time he was a broken man, welcoming death. After he was hung, his body was cut down and burned to ashes.

Books about Thomas Jeremiah

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1951: Antonio Riva and Ruichi Yamaguchi

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On this date in 1951, the first two foreigners — Italian merchant Antonio Riva and Japanese bookseller Ruichi Yamaguchi — were convicted and immediately executed in Beijing for a supposed plot to assassinate Mao Zedong.

According to Time magazine’s coverage of the affair, Radio Peking said that

“the streets they passed through [en route to execution] were thronged with people who expressed their feelings .. . with shouts of ‘Down with imperialism! Suppress counterrevolutionaries! Long live Chairman Mao!'”


No relation.

Riva (English Wikipedia entry | Italian) was a World War I fighter ace who had relocated to Beijing/Peking in the 1920s to peddle aircraft and training the Chinese Koumintang.

(In 1936, Riva married Catherine Lum, the daughter of American wood block artist Bertha Lum and sister of Eleanor Peter Lum, who took after mom.)

When the guys those planes were being used against won the Chinese Civil War, Riva mulled an expedient departure, but reportedly declared (Spanish link) that he could do business under any regime type.

The Communist government decided he had a different sort of business in mind. Citing Chinese state media, the London Times (Aug. 18, 1951) described the plot thus:

the conspirators planned to fire mortar shells at a reviewing stand outside the Tien An gate of the forbidden city in Peking during a procession to celebrate China’s national day on October 1 last year.

Several others, both Chinese and foreigners, drew long prison sentences as part of the “conspiracy” uncovered in a one-hour trial. The most illustrious of those was the Italian bishop Tarcisio Martina.*

Though Riva and Yamaguchi were the first foreigners officially executed by the new Chinese government, they were far from the last. All the more remarkable, then, that in a country that carries out thousands of executions per annum, Antonio Riva is thought to have been the last European citizen put to death there until Akmal Shaikh in 2009.

The Shaikh case helped rekindle interest in Riva’s execution — a timely confluence, since a recent book, L’ uomo che doveva uccidere Mao, critiqued the case against the Italian aviator.

* American diplomat Col. David Barrett, safely beyond the reach of the Maoists at Formosa, was a supposed ringleader.

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2004: Atefah Rajabi Shalaaleh, schoolgirl

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

On this day in 2004, a sixteen-year-old Iranian schoolgirl, Atefah Salaaleh, was publicly hanged from a truck-mounted crane for adultery and “crimes against chastity.”

In a classic example of a miscarriage of justice, the same person, Haji Rezai, served as prosecutor, witness, judge and hangman against this young girl. In violation of Iranian law, Atefah did not have legal representation at her trial.

Iran, when it signed the International Covenant on Civil and Political Rights, had promised not to execute minors, but according to Amnesty International, Atefah has been at least the tenth person under 18 to be executed in Iran since 1990. Her family says they gave her 1988 birth certificate to the court, but Judge Rezai just looked at her and decided she was at least 22. Because it’s so easy to determine a person’s exact age just based on their appearance.

Atefah appears to be a good example of a problem child: her mother was killed in a car accident when she was very young and her father was a drug addict, so she was given to the inadequate care of her elderly grandparents. Although she was described as “lively and intelligent,” she often roamed the streets and became a delinquent.

In the years prior to the arrest that lead to Atefah’s death, she had already been arrested multiple times by Iran’s Morals Police for crimes including being in a car alone with a boy (her cousin) and having sex with unmarried men. According to friends quoted in Iran Focus, she may have been sexually abused by a close relative, and she also alleged abuse by the Morals Police.

For the arrest that lead to her death, Atefah was not charged with committing any specific offenses; rather, she was arrested after an unsigned petition named her as a “bad influence” on the community and a “source of immorality.”

Under torture she admitted she had had sex with a 51-year-old married taxi driver, whom she claimed had repeatedly raped her. In court, she defiantly removed her hijab, threw her shoes at judge Rezai, and said the taxi driver should be punished rather than herself. (Reportedly, he was given about 100 lashes and then released.) Atefah’s death sentence was upheld by the Supreme Court of Iran and she was hung three months after her trial.

Atefah’s life and death have been the subject of a BBC documentary which you can see in six parts on YouTube. Keep a hanky handy.

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1776: Neptune, as witnessed by John Gabriel Stedman

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On or around this date in 1776,* a couple of blacks in Suriname (both slave and free) were executed for unrelated crimes … notably a free man named Neptune whose coolness under horrific torture is related by John Gabriel Stedman in The Narrative of a Five Years Expedition against the Revolted Negroes of Surinam.

Dutch-born and of Scottish descent, Stedman was a soldier who volunteered to serve in the West Indies and found himself in Suriname fighting those “revolted negroes” — Maroons fled from slavery who had established independent communities and episodically (most of the 1770s were one such episode) fought the white colonies.

Maroon settlements in Suriname still pesist to this day.

Though that was Stedman’s business on the Caribbean coast of South America, the culprits whose deaths he witnessed today were not among the “revolted”, but more prosaic criminal fare. Prosaic, that is, until Neptune’s insouciantly comedic discourse in the midst of the most appalling torture.

Stedman sets the scene for us with the more everyday depravities prevailing in the colonial capital, Paramaribo

If, as I have just mentioned, cruelties were become less common in the rivers by the rebels, barbarities still continued in a shocking degree in the metropolis; where my ears were deafened with the clang of the whip, and the shrieks of the negroes. Among the most eminent of these tyrants was a Miss Sp—n,who lived next door to Mr. de Graav, and who I saw with horror from my window give orders that a young black woman should be flogged principally across the breasts, at which she seemed to enjoy peculiar satisfaction. To dissipate the impression this scene had left on my mind, I got into a whiskey, and rode out; when the first thing I saw was a negro girl fall naked from a garret window on a heap of broken bottles: this was indeed an accident, but she was so mangled, though not dead, that she exhibited a spectacle nearly as wretched as the other.—Cursing my unlucky fate, I turned the horses, and drove to the beach, as the only place to avoid every scene of cruelty and misery; but here I had the mortification to see two Philadelphia sailors (while they were fighting on the forecastle of their vessel) both fall over the ship’s bow into the stream, where they sunk, and were no more seen. On board another American brig, I discovered a little tar defending himself from the cross-trees with a hatchet, against a serjeant and four armed men, for a considerable time; till they threatening to shoot him out of the rigging, he at last surrendered, and being brought ashore, was dragged to Fort Zelandia, in company with two others, by a file of musketeers, where, for having been drunk on duty, they received a fire-cant each, at the captain’s request; that is, they were bastinadoed or beaten on the shoulders by two corporals with bamboo canes, till their backs were black, and swelled like a cushion. However arbitrary this mode of correction, the captain endeavoured to explain the necessity of it; the private American sailors being of a turbulent spirit indeed when drunk, although when sober they may be fairly classed among the best seamen in the world.

But the narrator is just getting warmed up, and after a good night’s sleep …

Early the next morning, while musing on all the different dangers and chastisements to which the lower class of people are exposed, I heard a crowd pass under my window. Curiosity made me start up, dress in a hurry, and follow them: when I discovered three negroes in chains, surrounded by a guard, going to be executed in the savannah. Their undaunted look, however averse I may be to the sight of cruelties, so attracted my attention, as to determine me to see the result, which was thus:— The sentence being read in Low Dutch (which they did not understand) one was condemned to be flogged below the gallows, and his accomplice to have his head struck off with an axe, for having shot a slave who had come to steal plantains on the estate of his mistress. The truth however was, that this had been done by that lady’s absolute command; but the murder being discovered, she, in the hopes of saving her character, besides the expence of paying the penalties, gave up her valuable slave, and permitted the unhappy man to be thus sacrificed. He laid his head upon the block with great indifference, stretching out his neck; when, with one blow of the axe, it was severed from his body.

The third negro, whose name was Neptune, was no slave, but his own master, and a carpenter by trade; he was young and handsome, but having killed the overseer of the estate Altona, in the Para Creek, in consequence of some dispute, he justly forfeited his life. The particulars, however, are worth relating: This man having stolen a sheep, to entertain a favourite young woman, the overseer, who burnt with jealousy, had determined to see him hanged; to prevent which, the negro shot him dead among the sugar canes; for these offences of course he was sentenced to be broken alive upon the rack, without the benefit of the coup de grace or mercy-stroke. Informed of the dreadful sentence, he composedly laid himself down on his back on a strong cross, on which, with arms and legs expanded, he was fastened by ropes: the executioner, also a black man, having now with a hatchet chopped off his left hand, next took up a heavy iron bar, with which, by repeated blows, he broke his bones to shivers, till the marrow, blood, and splinters flew about the field; but the prisoner never uttered a groan nor a sigh. The ropes being next unlashed, I imagined him dead, and felt happy; till the magistrates stirring to depart, he writhed himself from the cross, when he fell on the grass, and damned them all, as a set of barbarous rascals; at the same time removing his right hand by the help of his” teeth, he rested his head on part of the timber, and asked the by-standers for a pipe of tobacco, which was infamously answered by kicking and spitting on him; till I, with some American seamen, thought proper to prevent it. He then begged that his head might be chopped off; but to no purpose. At last, seeing no end to his misery, he declared, “that though he had deserved death, he had “not expected to die so many deaths: however, (said he) you christians have missed your aim at last, and I now care not, were I to remain thus one month longer.” After which he sung two extempore songs (with a clear voice) the subjects of which were, to bid adieu to his living friends, and to acquaint his deceased relations that in a very little time he should be with them, to enjoy their company for ever in a better place. This done, he calmly entered into conversation with some gentlemen concerning his trial; relating every particular with uncommon tranquillity—”But,” said he abruptly, “by the sun it must be eight o’clock; and by any longer discourse I should be sorry to be the cause of your losing your breakfast.” Then, casting his eyes on a Jew, whose name was De Vries, “A-propos, sir,” said he, “won’t you please to pay me the ten shillings you owe me ?” — “For what to do ?” — “To buy meat and drink, to be sure—don’t you perceive I am to be kept alive?” Which speech, on seeing the Jew stare like a fool, this mangled wretch accompanied with a loud and hearty laugh. Next, observing the soldier that stood sentinel over him biting occasionally on a piece of dry bread, he asked him ” how it came to pass, that he, a white man, should have no meat to eat along with it ?” — ” Because I am not so rich,” answered the soldier. — “Then I will make you a present, sir,” said the negro; “first, pick my hand that was chopped off clean to the bones, next begin to devour my body, till you are glutted; when you will have both bread and meat, as best becomes you;” which piece of humour was followed by a second laugh; and thus he continued, until I left him, which was about three hours after the dreadful execution.

Wonderful it is indeed, that human nature should be able to endure so much torture, which assuredly could only be supported by a mixture of rage, contempt, pride, and the glory of braving his tormentors, from whom he was so soon to escape. [ here a footnote is marked in the original text, whose content is: “At Demerary, so late as October, 1789, thirty-two wretches were executed in three days, sixteen of whom suffered in the manner just described, with no less fortitude, and without uttering one single complaint.” -ed. ]

Though I never recal to my remembrance, without the most painful sensation, this horrid scene, which must revolt the feelings of all who have one spark of humanity, I cannot forbear exhibiting to the public the dreadful spectacle in the annexed drawing.


Detail view of William Blake‘s illustration of Neptune’s breaking on the rack. (Click for full image.)

If the reader, however, should be offended with this shocking exhibition, and my dwelling so long on this unpleasant subject, let it be some relief to his reflection, to consider this punishment not inflicted as a wanton and unprovoked act of cruelty, but as the extreme severity of the Surinam laws, on a desperate wretch, suffering as an example to others for complicated crimes; while at the same time it cannot but give me, and I hope many others, some consolation to reflect that the above barbarous mode of punishment was hitherto never put in practice in the British colonies.

I must now relate an incident, which, as it had a momentary effect on my imagination, might have had a lasting one on some who had not investigated the real cause of it, and which it gave me no small satisfaction to discover. About three in the afternoon, walking towards the place of execution, with my thoughts full of the affecting scene, and the image of the sufferer fresh in my mind, the first object I saw was his head at some distance, placed on a stake, nodding to me backwards and forwards, as if he had really been alive. I instantly stopped short, and seeing no person in the savannah, nor a breath of wind sufficient to move a leaf or a feather, I acknowledge that I was rivetted to the ground, where I stood without having the resolution of advancing one step for some time; till reflecting that I must be weak indeed not to approach this dead skull, and find out the wonderful phenomenon, if possible, I boldly walked up, and instantly discovered the natural cause, by the return of a vulture to the gallows, who perched upon it, as if he meant to dispute with me for this feast of carrion ; which bird, having already picked out one of the eyes, had fled at my first approach, and striking the skull with his talons, as he took his sudden flight, occasioned the motion already described. I shall now only add, that this poor wretch, after living near six hours, had been knocked on the head by the commiserating sentinel, the marks of whose musket were perfectly visible by a large open fracture in the skull.

Stedman’s work details a number of other atrocities against Suriname’s African (primarily slave) population, many of them powerfully illustrated by William Blake with near pornographic effect. These sorts of things were of ancient vintage in the realm.

The Narrative itself became both an important anti-slavery text, and an invaluable historical reference. (Where I have clipped the text, Stedman is about to segue into a discourse on the local vulture population, just the sort of detail that present-day researchers might have a hard time sourcing for 18th century Suriname.)

But even though contemporary abolitionists made use of the Narrative, Stedman’s 18th century publisher actually played down the author’s tone on the subject. A version much more overtly critical of slavery and the savage corporal punishments that upheld it has recently been published from the original manuscripts. (An abridged version of that original is also available.)

* Stedman’s narrative mingles chronological journal-style entries with general observations about his environs. The text is slightly ambiguous as to the date, but the chapter in question begins by situating the action on Aug. 12, digresses into a description of the regional landscape, then returns to the narrative where this blog entry picks it up. It’s not completely explicit that the metropolitan atrocities he witnesses also occur on the 12th, but the text invites that inference — with the execution taking place the next morning after.

The next date explicitly named is Aug. 24, the birthday of the Prince of Orange, so if Neptune did not die on Aug. 13, it was within only a very few days after.

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1775: Maharajah Nandakumar, judicially murdered?

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On this date in 1775, inconvenient Indian official Nandakumar (or Nand Kumar, or Nuncomar) was hanged on a forgery charge — all too conveniently inflicted at the very time he was accusing British Governor-General Warren Hastings of corruption.

Nandakumar and Hastings decidedly did not get along; the Indian believed he had been unfairly denied a plum career assignment.

He leveled in response an accusation that Hastings was taking payola in exchange for his appointments.

English pols involved in the administration of India, such as Philip Francis, John Clavering and George Monson, had their own rivalries with Hastings and wanted to pursue these charges. Instead, within weeks, Nandakumar was facing years-old forgery charges,* and two months after his trial, he was at the end of a rope.

Hastings’ actual involvement in this circumstance is impossible to prove, but

Warren Hastings: not a man to be trifled with. (Portrait by Tilly Kettle.)

The certain facts are that Nand Kumar was Hastings’s enemy, that [India’s Chief Justice Elijah] Impey was Hastings’s friend; that at a moment of grave crisis in Hastings’s life, when Nand Kumar was the most eminent witness against his name and fame, that witness was arraigned on a charge that was very old, that had been suddenly converted from a civil to a criminal charge; that he was tried, found guilty, and executed. On the basis of that bare narrative of facts it would seem that if Hastings had nothing to do with the matter, he might almost as well have had as far as the judgment of posterity went. The thing was too apt, the conditions too peculiar not to leave their stigma upon the memory of the man who gained most by them.

This sort of questionable administration of the crown’s possessions on the subcontinent would lead in 1781 to the Amending Act, an attempt to place India on an organizational footing more conducive to the confidence of an increasingly dubious public.

Parliamentarian heavyweight Edmund Burke would eventually weigh in on the hanged man’s side, charging that Hastings had “murdered this man, by the hands of Sir Elijah Impey.” In a report to the select committee established by the Amending Act (cited in this tome), Burke noted

that this Trial and Execution was looked upon by many of the Natives as political; nor does the Committee conceive it possible, that, combining all the Circumstances together, they should look upon it in the Light of a common judicial Proceeding; but must regard it as a political Measure, the Tendency of which is, to make the Natives feel the extreme Hazard of accusing, or even giving Evidence of corrupt Practices against any British Subject in Station, even though supported by other British Subjects of equal Rank and Authority. It will be rather a Mockery, than a Relief to the Natives, to see Channels of Justice opened to them, at their great Charge, both in the Institution and in the Use, and then Appeals, still more expensive, carefully provided for them, when, at the same Time, Practices are countenanced, which render the Resort to those Remedies far more dangerous than a patient Endurance of Oppression, under which they may labour.

Hastings was impeached for corruption in 1787 — it took Burke, who served as one of the prosecutors, two full days to read the 20-count indictment against him, though Burke’s own attempt to add judicial murder to the bill of particulars was jettisoned — along with the now ex-Chief Justice Impey.

Both were acquitted, even though investigations had laid bare a sort of endemic, routine bakhsheesh: “the native offers because he thinks he is bound to do so, and the Englishman accepts because he fears to hurt the giver’s feelings.” Hastings acknowledged availing himself of donatives, generally arguing that it was the done thing, benefited the East India Company for which he worked, and everything stayed well this side of egregious.

The (lurid) conduct of this impeachment proceeding, and its effect for consolidating British imperial control away from the irregular hands of the British East India Company while generating a national mythology of missionary civilization, is the subject of a fascinating book, The Scandal of Empire: India and the Creation of Imperial Britain.

Another record of the trial is available free from Google books; J. Duncan M. Derrett considers the facts of the forgery case (it “was not a judicial murder”) in the collision of Hindu and English law in “Nandakumar’s Forgery” in The English Historical Review of April 1960.

* He forged part of a will to recover a bad loan. All concerned appear to agree that this charge is factually accurate, which is, of course, a long way from explaining why the matter required immediate adjudication at this juncture.

Incidentally, while forgery could get you hanged in England, it was a much less serious offense under Hindu law.

Part of the Themed Set: The Empire Strikes Back.

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1781: Isaac Hayne, paroled prisoner of war

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On this date in 1781, South Carolina patriot Isaac Hayne was hanged for breaking his conditional British parole and re-enlisting in the American Revolution.

Though Hayne is not, to us, the most famous revolutionary executed by the British, he might have been considered by his contemporaries as the most prominent individual to go to the scaffold for the cause.

A wealthy planter (lots of slaves!) whose home and grave can still be toured in Jacksonboro, Hayne was among 5,000 to surrender to the British when the latter captured Charleston in 1780.

These prisoners were required to swear an oath of allegiance to the crown in exchange for their parole, which Hayne reluctantly agreed to do because his family had been hit with smallpox.

He declared to a friend that,

as they [the British] allow no other alternative than submission, or confinement in the capital, at a distance from my wife and family, at a time when they are in the most pressing need of my presence and support, I must, for the present, yield to the demands of the conquerors. I request you to bear in mind, that previous to my taking this step, I declare that it is contrary to my inclination, and forced on me by hard necessity. I will never bear arms against my country … I do not mean to desert the cause of America.

But as the British southern campaign foundered over the year ahead, the mother country eventually attempted to call him up to do just that: bear arms against his country.

Hayne thought his parole terms protected him from ever having to serve against the colonies, so he simply got back into the fight on the revolutionary side instead. He was captured in that capacity.

The British commander Francis Rawdon handled his relapsed prisoner with uncommon severity, putting him to a drumhead military tribunal with a preordained outcome and refusing the many public pleas for leniency.

The irregular and vengeful nature of these proceedings, and Hayne’s seemingly honorable conduct, raised hackles on both sides of the Atlantic; shortly after hanging Hayne, Rawdon returned to the British Isles to find a good deal of pointed criticism of his behavior. (Parliament quashed any damaging official inquiry, and Lord Rawdon actually extracted an apology from the peer who had the temerity to motion the investigation — an intolerable impeachment on Rawdon’s honor.)

The Hayne incident was widely understood to have been conditioned by British frustration at its failing fortunes in the war. By the time of the execution, the redcoats held nothing of South Carolina save Charleston itself. General Cornwallis had recently marched north from the Palmetto State; in a few weeks’ time, he would surrender his sword and the British cause alike after the decisive British defeat at Yorktown, Virginia.

And though the commandants at Charleston scarcely anticipated that stunning reversal, they had only a few months before suffered the upsetting (but more legally tenable) hanging of the honorable British Major John Andre as a result of the Benedict Arnold affair. British forces were reputedly on the lookout for any opportunity to trade tit for tat.

Continental Gen. Nathaniel Greene alleged that the British officer who received the petition for Hayne’s life simply wrote on it John Andre — and sent it back.

Isaac Hayne was the great-uncle of South Carolina pol Robert Y. Hayne, best remembered for a hot sectional debate with Massachusetts Sen. Daniel Webster. (Read it all here, if you must.)

It was during this exchange of Senatorial disquisitions that Webster delivered one of the noted orations of the antebellum era, the aptly-named Second Reply to Hayne:

I have not allowed myself, Sir, to look beyond the Union, to see what might lie hidden in the dark recess behind. I have not coolly weighed the chances of preserving liberty when the bonds that unite us together shall be broken asunder. I have not accustomed myself to hang over the precipice of disunion, to see whether, with my short sight, I can fathom the depth of the abyss below; nor could I regard him as a safe counselor in the affairs of this government, whose thoughts should be mainly bent on considering, not how the Union may be best preserved, but how tolerable might be the condition of the people when it should be broken up and destroyed. While the Union lasts, we have high, exciting, gratifying prospects spread out before us and our children. Beyond that I seek not to penetrate the veil. God grant that in my day, at least, that curtain may not rise! God grant that on my vision never may be opened what lies behind! When my eyes shall be turned to behold for the last time the sun in heaven, may I not see him shine on the broken and dishonored fragments of a once glorious Union; on States dissevered, discordant, belligerent; on a land rent with civil feuds, or drenched, it may be, in fraternal blood! Let their last feeble and lingering glance rather behold the gorgeous ensign of the republic, now known and honored throughout the earth, still full high advanced, its arms and trophies streaming in their original lustre, not a stripe erased or polluted, not a single star obscured, bearing for its motto, no such miserable interrogatory as “What is all this worth?” nor those other words of delusion and folly, “Liberty first and Union afterwards”; but everywhere, spread all over in characters of living light, blazing on all it sample folds, as they float over the sea and over the land, and in every wind under the whole heavens, that other sentiment, dear to every true American heart, – Liberty and Union, now and for ever, one and inseperable!

When not being rhetorically posterized by New England gasbags, Robert Hayne made time to pen a justification for his famous forebear’s conduct for the Southern Review in 1828 — comparing the British behavior of executing rather than detaining a prisoner who broke parole to the massacre at Jaffa Napoleon notoriously ordered in 1799.

(Actually, Isaac Hayne’s old nemesis Francis Rawdon had only died in 1826; Robert Hayne wrote his piece to confute a vindication of himself that Lord Rawdon — also recognized by his subsequent titles, Earl of Moira and Marquess of Hastings — had authored, decades after the fact, of his conduct in the Hayne matter.)

Though this 37-page slog of Robert Hayne’s is obviously in the public domain by now, it appears it is not yet freely available online. However, it’s the source of the otherwise unattributed quotes in this article.

Part of the Themed Set: The Empire Strikes Back.

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