On this date in 1780, American Revolution patriots hanged nine captive loyalist prisoners in North Carolina, in the wake of the Battle of King’s Mountain.
Although the colonials would ultimately accomplish their break with the British Empire, the British and their local loyalists had a strong run in a southern campaign from about 1778.
But even at their acme, the redcoats could not extend their writ westward past the Appalachian Mountains, into the frontiers where hunger to swallow up Indian land made for ferocious adherence to the pro-independence cause, since the Crown was trying to limit settler expansion in those zones. The ones who turned their muskets against their king would become known as the “Overmountain Men” — and the Battle of King’s Mountain was their glory.
Feeling their oats after thrashing Horatio Gates‘s rebel army at the Battle of Camden — seen here in the Mel Gibson/Heath Ledger movie The Patriot —
— the Brits sent the capable Scottish Major Patrick Ferguson into the mountains to roust out the irregulars. After some weeks of maneuver, Ferguson faced off with the Overmountain Men on October 7 at a wooded crag just south of the border between the Carolinas: barely a “mountain”, and definitely not the king’s. In an hourlong fight, the Overmountain militia overwhelmed Ferguson’s command, killing Ferguson himself.
It was a stunning blow to the British, and checked that rampant southern campaign; as British prospects slipped away in subsequent years, King’s Mountain would loom as a mighty portent. The British commander Sir Henry Clintonconsidered King’s Mountain “the first link in a chain of events that followed each other in regular succession until they at last ended in the total loss of America.” In a more buoyant mood, Thomas Jefferson judged this battle “the joyful annunciation of the turn of the tide of success which terminated the Revolutionary War, with the Seal of our independence.”
Not so joyful were nearly 700 Tory prisoners whom the colonial militia hurriedly marched west to Gilbert Town (present-day Rutherfordton) in the western reaches of North Carolina. The militia’s blood was up already from British atrocities; at King’s Mountain, the British had difficulty surrendering to baying guerrillas who killed the first man to offer the white flag, baying for revenge upon previous massacres of patriots.
While holding their prisoners at the farm of Aaron Biggerstaff — a Tory who had been killed at King’s Mountain, even as his Patriot brother languished in British custody — word reached the Overmountain Men that yet more revolutionists had been executed in British custody.
Vowing to put a stop to this this, they put 36 of their prisoners to a drumhead trial on October 14 and sentenced them all to death. Nine of them were actually hanged that evening, three by three: Ambrose Mills, Robert Wilson, James Chitwood, Arthur Grimes, Thomas Lafferty, Walter Gilkey, John McFall, John Bibby, and Augustine Hobbs. Mills, a colonel and the leader of the loyalist forces in this western county, was the most prominent of the bunch.
Intercession by Patriot officers and the Biggerstaff women put a stop to the proceedings; the other 27 “condemned” were simply suffered to return to the horde of POWs, and marched out the next morning.
On the 28th of May in 1754, a wilderness skirmish in colonial Pennsylvania set spark to the Seven Years’ War — thanks to a battlefield execution under the auspices of the future United States founding father George Washington.
The backdrop to what pro-French partisans would call the “Jumonville Affair” was the rivalrous jockeying of French and British flags in contested North American territory. Looking to check French raiding in Ohio that was feared prelude to an attempt to effect control of that valuable and disputed tract, Washington — here a 22-year-old British lieutenant colonel, many years away yet from his future glory as the American Revolution’s great general — had engaged the French 11 miles from present-day Uniontown, Pa..
It was a short fight: Washington got the drop on the French encampment and efficiently flanked them with his Iroquois allies. Fifteen minutes, and about 10 to 14 French killed, told the tale.
There are differing accounts of exactly what happened and only speculative surmises as to why; in the most cinematically catchy version, Jumonville is attempting to communicate his mission to the victorious Washington — the two men do not share a language — when Tanaghrisson steps up to the captive and “cries out‘Tu n’es pas encore mort, mon père’ (‘Thou art not yet dead, my father’), raises his hatchet over Jumonville’s head, and crashes it into his skull. Reaching into the skull, he extracts a handful of Jumonville’s brains and washes his hands in the pulpy gore.”* According to historian Fred Anderson, this was the native chief making a declaration of war against the French, rejecting their asserted “paternity” over Indians.
Now caught out with a small force of militiamen against a rival state that was sure to be incensed when it caught word Jumonville’s killing, Washington hastily dug in behind improvised palisades, a bunker unassumingly christened “Fort Necessity”. The Iroquois did not stick around, correctly urging Washington that he’d do best to abandon the field as he’d have no prospect of withstanding the large force of French regulars that was sure to answer Jumonville Glen. Just so: on July 3, the French reached the fort and forced its surrender after a few hours’ fighting.
The French-language capitulation that Washington signed on this signal occasion — the only surrender of his military career — characterized the slaying of Joseph Coulon de Villiers de Jumonville as an “assassination”. This word would be grist for years of competing propaganda between the contending empires, especially since the flying musket-balls from these two engagements would spiral into the French and Indian War (within the North American theater) and the Seven Years’ War (the larger European and global great powers war). Proving himself even at this moment to be every bit the American, Washington would spend the rest of his career attributing his assent to this incendiary word to his infelicity with French.
Despite slinking out of Pennsylvania with an L and a grudge against his translator, this frontier Gavrilo Princip did great service for his future country. Great Britain won the big war he’d started; her attempt in the 1760s and 1770s to settle the terms of her resulting domination of North America — like restricting colonization past the Appalachian Mountains, in deference to native allies like the Iroquois, or ratcheting up taxes to service gigantic war debts — only inflamed the colonists into the rebellion that put George Washington’s name onto his own imperial capital, and George Washington’s face on the world’s reserve currency. Tu n’es pas encore mort, mon père, indeed.
* Other accounts have the murder effected by musket shot, or even have Jumonville killed during the battle.
On this date in 1774,* in the British official John Malco(l)m was tarred and feathered and mock-executed by enraged Bostonians during the tense run-up to the American Revolution.
Malcom’s militant Loyalism put him sharply at odds with his city’s’s rising Patriot ultras — the sorts of people who, just a month before, had provocatively dumped British East India Company tea into Boston Harbor.
Malcom himself hadn’t been proximate to that event but as a customs official he’d made himself obnoxious on the docks before. In October of 1773, he seized a ship in Falmouth,** threatening “to sheath his sword in the bowels of any one who dared dispute his authority.” The sailors responded by sheathing John Malcom in a coat of tar and feathers and marching him through the streets.
This vigilante justice was meant to come up short of serious physical injury, and it did. But it was a crippling public disgrace, far beyond the streets of Falmouth — an ironic situation since Malcom’s own late brother Daniel was a celebrated Patriot bootlegger.† Back in Boston, Malcom found himself heckled in the streets about the incident to such an extent that he complained to the governor. (The governor told him to suck it up.) And it bubbled right to the surface in the incident that brings today’s post, too.
On January 25 of 1774, one of the Patriot participants in the aforementioned Boston Tea Party named George Robert Twelves Hewes‡ happened across the hated crown agent — “standing over a small boy who was pushing a little sled before him, cursing, damning, threatening and shaking a very large cane with a very heavy ferril on it.” (That’s according to the next week’s (Jan. 31, 1774) Boston Gazette, as are the subsequent quotes in this post.) Apparently the kid had crashed his conveyance into Malcom while out frolicking in the deep winter’s snow.
Hewes interceded for the child, and Malcom rounded on him: “you are an impertinent rascal, it is none of your business!” Flexing his class rank, Malcom further scolded the “vagabond” that he ought not address a gentleman in public. Hewes dissented and after an exchange of barbs cut Malcom to the quick with the retort, “be that as it will, I never was tarred or feathered.” This own brought Malcom’s heavy cane crashing into Hewes’s head, crumpling the Good Samaritan to the cobblestones.
Angry bystanders to the incident trailed Malcom home, and heaven only knows what hard words were traded on the way. He should have been worried and maybe he was, but his blood was up from Hewes’s insult: Malcom stood on the threshold and verbally sparred with his angry neighbors — “you say I was tarred and feathered, and that it was not done in a proper manner, damn you let me see the man that dare do it better! I want to see it done in the new-fashioned manner.” The man’s Falmouth tarring, you see, had been leniently poured over his clothes, which might have been hell on his dry cleaning bills but also minimized the injury that hot tar could do to naked skin. Now he was daring a rougher treatment at the hands of Bostonians who had certainly proven up to that challenge in the past.
Calmer heads knew this situation could spiral out of control and judiciously steered the irate official into his house. But Malcom was not to be stilled; when his wife opened a sash to implore the crowd to disperse, her husband exploited the opening to thrust a sword into the breast of a bystander. Luckily for both parties the blade struck bone, causing only a glancing flesh wound.
Somehow the irascible coot restrained himself in the house long enough for this disturbance to subside, while Hewes shook off his concussion well enough to swear out a warrant.
But by evening, word of this politically charged provocation had circulated in Boston, along with all Malcom’s bluster — “among other things, that he would split down the yankees by dozens, and receive 20l. sterling a head for every one he destroyed.” A crowd started assembling again at Mr. Malcom’s door, now dangerously intent on its purpose.
they got ladders and beating in an upper window, entered the house and took him without loss of blood, and dragging him out put him on a sled, and amidst the huzzas of thousand[s], brought him into King street. Several Gentlemen endeavoured to divert the populace from their intention, alledging that he was open to the laws of the land which would undoubtedly award a reasonable satisfaction to the parties he had abused; they answered he had been an old, impudent and mischievous offender — he had joined in the murders at North Carolina — he had seized vessels on account of sailors having a bottle or two of gin on board — he had in office, and otherwise, behaved in the most capricious, insulting and daringly abusive manner — and on every occasion discovered the most rooted enmity to this country, and the defenders of its rights — that in case they let him go they might expect a like satisfaction as they had received in the cafes of Richardson and the soldiers, and the other friends of government. With these and such-like arguments, together with a gentle crouding of persons not of their way of thinking out of the ring, they proceeded to elevate Mr. Malcom from his sled into the cart, and stripping him to buff and breeches, gave him a modern jacket, and hurried him away to liberty-tree, where they proposed to him to renounce his present commission, and swear that he would never hold another inconsistent with the liberties of his country; but this he obstinately refusing, they then carted him to the gallows, passed a rope round his neck, and threw the other end over the beam as if they intended to hang him: But this manoeuvre he set at defiance. They then basted him for some time with rope’s end, and threatened to cut his ears off, and on this he complied, and they the brought him home.
See, reader, the effects of a government in which the people have no confidence!
* There are a few other dates besides Tuesday, January 25 to be found out there, but newspaper reports from the time clearly place it on that day. Malcom himself later circulated a strange bulletin to Boston churches confirming the date with the words “John Malcom returns thanks to Almighty God, that again he is able to wait on him again in the public worship, after the cruel and barbarous usage of a cruel and barbarous savage mob in Boston, on the 25th evening of January last past confined him to house, bed and room.”
** The town of Falmouth is now Portland, Maine. Its most famous revolutionary war incident was put it to the torch by the British in 1775.
‡ Hewes lived to the ripe old age of 98. Enjoy a public domain 1830s biography drawn from personal conversation with the old veteran here … including Hewes’s recollection of the tarring and feathering, which in his telling was clearly extremely traumatic to his antagonist.
The people, however, soon broke open the door, and took Malcom into their custody. They then took him to the place where the massacre was committed, and their flogged him with thirty-nine stripes. After which, they besmeared him thoroughly with tar and feathers; they then whipped him through the town, till they arrived at the gallows, on the neck, where they gave him thirty-nine stripes more, and then, after putting one end of a rope about his neck, and throwing the other end over the gallows, told him to remember that he had come within one of being hanged. They then took him back to the house from whence they had taken him, and discharged him from their custody.
The severity of the flogging they had given him, together with the cold coat of tar with which they had invested him, had such a benumbing effect upon his health, that it required considerable effort to restore his usual circulation. During the process of his chastisement, the deleterious effect of the frost, it being a cold season, generated a morbid affection upon the prominent parts of his face, especially upon his chin, which caused a separation and peeling off of some fragments of loose skin and flesh, which, with a portion of the tar and feathers, which adhered to him, he preserved in a box, and soon after carried with him to England, as the testimonials of his sufferings in the cause of his country. On his arrival in England soon after this catastrophe Malcom obtained an annual pension of fifty pounds, but lived only two years after to enjoy it.
On relating this adventure, the very excitement which the affront must have wrought upon him, evidently began to rekindle, and he remarked with emphasis, I shall carry to my grave the scar which the wound Malcom gave me left on my head; and passing my finger over the spot to which he directed it, there was obviously such a scar, as must have been occasioned by the wound he had described.
Claudius Smith, a feared Tory guerrilla during the American, was hanged in Goshen, N.Y., on this date in 1779.
“The Cowboy of the Ramapos” for his penchant for livestock-rustling in the Ramapo Mountains, Smith headlined a gang of pro-British criminals/partisans operating out of Monroe, N.Y., near the New Jersey border — a zone of dirty irregular warfare.
Quite a lot of legends apparently proliferated about this guy, including in his own time: one wanted poster described him as seven feet tall.
If you were a British loyalist in his neighborhood you might have figured him along the lines of an Anglo hajduk — the Balkan freebooters who straddled the line between social bandit and hero insurgent. To a Patriot, he was little better than a brigand, and not satisfied with riding off cattle and horses ventured also to invade farm houses for plunder. After one of his band’s deadly raids, Orange County Whigs complained to New York Gov. George Clinton, “we have not thought ourselves secure for a long time. We live so scattered that they can come in the dead of night to any one family & do what they please.”
So unsettled were the wartime frontiers that Gov. Clinton was notably unable to satisfy their petition for quite some time, and Smith’s raids, sometimes working in concert with the pro-British Mohawk commander Joseph Brant, continued to frighten those scattered revolutionists.
A Continental Army major named Jesse Brush finally captured Smith on Long Island late in 1778, and delivered him back to authorities at Orange County who gave him a proper trial and condemned him to hang for several robberies. (Murder wasn’t on the rap sheet.)
One month later, Smith’s son Richard with a band of cowboys revenged the execution by slaying a Goshen man named Richard Clark — and pinning to his corpse a warning to their persecutors.
A Warning to the Rebels
You are hereby warned from hanging any more friends to the government as you did Claudius Smith. You are warned likewise to use James Smith, James Flewelling, and William Cole well and ease them from their irons, for we are determined to hang six for one, for the blood of the innocent cries aloud for vengeance. Your noted friend, Capt. Williams and his crew of robbers and murders we have got in our power, and the blood of Claudius Smith shall be repaid. There are particular companies of us who belong to Col. Butler’s army, Indians as well as white men, and particularly numbers from New York that are resolved to be revenged on you for your cruelty and murders. We are to remind you that you are the beginners and aggressors, for by your cruel oppressions and bloody actions drive us to it. This is the first and we are determined to pursue it on your heads and leaders to the last till the whole of you is massacred.
Dated New York February 1779.
It was tall talk that the raiders couldn’t back up: rewards and informants soon broke up the band, leaving the cowboys and Claudius Smith to pass into history.
Two hundred years ago today, Nathan Foster hanged in Masonville, New York.
The crime on his charge sheet was poisoning his wife, Eleanor, to get with the pretty young maid she hired.
But little less damning in the eyes of his neighbors was the belief that he had taken the life of a patriot while fighting the pro-British side during the American Revolution.
Foster was a tory during the Revolution, and is reported to have been the identical person who inhumanly murdered Col. Alden, at the massacre of Cherry Valley, in 1777. Priest, in his narrative of the capture of David Ogden, who died a short time since in Franklin, Delaware County, thus refers: “This act of barbarity was perpetrated by a man named Foster, a tory at that time, and the same, who a few years since (1819) was hanged for the murder of his wife, by poison, in Delaware County, N.Y. at Delhi. That the same Foster did murder Colonel Alden, was ascertained by a certain James Campbell, another tory, who stated to David Ogden, that he had heard this Foster boast of the act, while they were both with the British at Niagara. He was at length overtaken by justice, and ended his miserable life on the gallows, although at the advanced age of __ years. He died without a confession of his guilt.
20th [July 1775]. Mr. Carpenter was taken by the night Patrole — upon examination he had swum over to Dorchester and back again, was tried here that day and sentence passed on him to be executed the next day, — his coffin bro’t into the Goal-yard, his halter [noose] brought and he dressed as criminals are before execution. Sentence was respited and a few days after was pardoned.
-from the diary of Boston selectman Timothy Newell
On or around this date in 1775, an immigrant wig-maker was faux-executed by the British garrisoned in a besieged Boston.
Richard Carpenter was not a figure of decisive importance to the onrushing American Revolution but the excellent and venerable blog Boston 1775 by J.L. Bell has made a wonderful little microhistory of the man by cobbling together his appearances across different sources from his first 1769 business advert until his 1781 death in a British prison hulk.
Carpenter swam across Boston harbor to escape to patriot lines, then swam back into Boston; the Brits who captured him naturally took him for an enemy agent who could have been hanged … but from multiple reports (sometimes with muddled dates) this fate was “merely” visibly prepared for him only to be abated shortly before execution. In Bell’s speculation, hostilities were still not yet fully matured and “neither side had the stomach for such fatal measures. The executions of Thomas Hickey and Nathan Hale were still several months away.”
For an extraordinary snapshot of this revolutionary everyman, click through the full series:
On this date in 1787, the only two men to hang for the infant American republic’s seminal post-independence rebellion went to the gallows at Lenox, Massachusetts.
The newborn United States emerged from the American Revolution (1776-1783) in a parlous financial condition. Forever short of gold and credit, it had paid George Washington’s Continental Army in worthless scrip* and promises of goodwill. Instead, many a Cincinnatus returned from Yorktown to discover his debtor farm dunned by creditors and taxmen, as desperate as he for hard currency.
Come 1786, protests against unpayable taxes verged into an outright rural insurrection in western Massachusetts. Known for one of its principals, Daniel Shays — who like so many of his fellows was a Continental Army veteran turned penniless farmer — this rebellion continued for several months and took earnest aim at the hated Massachusetts merchant elites. Some 4,000 “Shaysites” would eventually admit to** taking the field as rebel guerrillas. They mounted an attack on a federal armory, and seized weapons where they could for their own use.
A few books about Shays’s Rebellion
It was this last act which occasions our men’s hangings.
The new American authorities, who had not so many years ago been beckoning this same populace to take up their muskets in revolution, exercised in this moment a brittle authority and they would calculate that the proper balance of due regard for their power without unnecessary resentment entailed only a circumscribed approach.
Instead of charging Shaysites wholesale, most were waved away with a free pardon. And instead of charging treason, the Bay State made its demonstration cases with regular criminal offenses — for burglary when our men John Bly and Charles Rose followed some Shaysite militiaman’s order to confiscate guns and powder from nearby houses. In 1787, that was still a potential hanging offense.
Of course, everyone understood well enough the real offense. On the eve of their executions, someone got the condemned men to sign onto a “Last Words & Dying Speeches” broadsheet with a lesson addressed “To the good People of Massachusetts, more especially to Daniel Shays, and other Officers of the Militia, and the Select men of Towns who have been instrumental in raising the Opposition to the Government of this Commonwealth:”
Our fate is a loud and solemn lesson to you who have excited the people to rise against the Government … Advert to those things — live peaceably with all men — be not too jealous of your Rulers — remember that Government is absolutely necessary to restrain the corrupt passions of men — obey your Honest Governors — be not allured by designing men — pay your honest debts and your reasonable taxes — use your utmost endeavours to give peace to your divided, distracted country …
There was another legacy: the outbreak of Shays’s Rebellion — and the federal government’s impotence to respond to it (it was haltingly suppressed by state militia, with the insurgents at points escaping into New York for breathing room) — helped catalyze the Constitutional Convention from May to September of 1787, and informed its creation of a stronger federal state and of the system of checks upon democratic action that a rebellious populace might wish to undertake.
There’s a podcast episode about Shays’s Rebellion here.
* So widely shunned was the depreciated paper Continental currency issued during the Revolution that the phrase “not worth a Continental” entered the parlance of the times; it was these notes that had been given to revolutionary soldiers by way of aspirational salary like so many stock options from a foundering Silicon Valley startup. In 1791, these Continentals were bought out by the new federal government at one cent on the dollar.
** This census arrives via applications for the free amnesty eventually offered to the Shaysite rank and file.
On this date in 1788, Pennsylvania highwaymen-cousins Levi and Abraham Doan(e) were hanged on Windmill Island, Philadelphia.*
A whole clan of outlaws turned Revolutionary War Tories, the Doans — brothers Moses, Aaron, Mahlon, Joseph and the aforementioned Levi plus their cousin Abraham — “were all of the Quaker faith and did not believe in war,”** according to a descendant, but “The new government levied a tax upon Joseph, Sr., the father of the Tory Doan boys, confiscated his farm, threw his wife, 3 daughters and youngest son off of the land, jailed Joseph Sr. for non payment of taxes and branded him on his hand as a criminal. This was the given reason for the start of the notorious group known as the Tory Doans.” During the Revolutionary War they served their pecuniary interest by pillage, and their political interest by informing for the British army, in an exciting sequence of adventures. (A public domain history of the Doans amid the revolution can be enjoyed here.)
None of these activities being well calibrated to earn sympathy in the independent United States that emerged and Pennsylvania hit the lot with a judicial attainder issued by the Supreme Court and ratified by the General Assembly.
In a few years’ time the newborn country’s constitution would prohibit acts of attainder but for a few short years this heritage from the mother country — enabling some organ of the state to levy legal penalties on some outlaw party by decree, absent any sort of trial — incongruously continued in that land of the free. In these very pages we have previously noticed an attainder controversially invoked by brand-name founding fathers of Virginia, also against bandits with a pronounced Tory lean.
Likewise in Pennsylvania the Doan attainder “provoked a constitutional test.” (Source) When gang leader Aaron Doan was arrested, he faced the prospect of immediate execution; however, he was able to produce an alibi relative to the specific incident charged — the robbery of a county treasurer in 1781 — and “to the disappointment of many, he was reprieved under the gallows.” (Maryland Journal, Aug. 19, 1788) He later emigrated to Canada. (His brother Joseph did likewise.)
The kinsmen were not so lucky, this time coming out on the short end of the constitutional test case — as described by patriot statesman Charles Biddle, who made an unsuccessful intervention on their behalf in the Supreme Executive Council that wielded executive power in the commonwealth until 1790.†
The Legislature were inclined to pass a bill in their favor, and appointed a committee, consisting of Mr. Lewis, Mr. Fitzsimons and Mr. Rittenhouse, to confer with the Supreme Executive Council on the subject of their pardon. This I believe was what proved fatal to these young men. Several of the members of the Council thought the Legislature had no business to interfere, as the power of pardoning, by the Constitution, was given to the Council. They refused to pardon or extend the time fixed for their execution. It was in vain the members of the Legislature and the minority in the Council urged the peculiar situation of these unfortunate men; the majority were jealous of the interference of the Legislature, and it was carried by a very small majority, that they should suffer. Going to the Council the day afterwards, I met them going in a cart to the gallows, followed by their relations and friends. It was a very affecting sight. They died with great firmness.
* An island in the Delaware River which was later bisected by a ferry channel, dividing it into Smith’s Island and Windmill Island. Both islands were removed by civil engineers in the late 19th century as an aid to the Philadelphia port.
† The body’s president at the time of the Doan hangings was no less than the $100 bill guy himself, Benjamin Franklin. Surprisingly, Benjamin’s son William Franklin had during the war years been the Tory governor of New Jersey in which capacity he had signed off on some political executions of his own.
On this date in 1765, Boston patriots lynched the merchant designated as the imperial taxman. They only did so in effigy, but the “execution” scared him permanently off the job while also making a gallows-tree into one of the earliest symbols of American independence.
One of the key pre-revolution irritants for the future United States, the 1765 Stamp Act imposed taxes in the form of stamp duties on a variety of printed products, for the purpose of funding the British army deployed to North America. It was a levy long familiar to London lawmakers but it sent the colonies right around the bend, and since the colonies sat no Member of Parliament who could flip an official wig it also popularized the classic revolutionary slogan about “taxation without representation.”*
Enacted in the spring of 1765 and due to take effect in November, the Stamp Act drew immediate outrage in the colonies and especially in that hotbed of subversion, Boston.
There, Andrew Oliver, scion of a shipping magnate clan, was tapped to collect the levy. It figured to be just the latest in a series of lucrative state appointments. How was he to know in advance that this particular legislation would unleash the crazies? Perhaps he should have given more heed to the publication of ominous warnings over the roster of tax collector names.
Boston Post-Boy, August 5, 1765
On the morning of Wednesday, August 14, a crowd of irate Bostonians mobbed the corner of Essex Street and Orange Street (present-day Washington Street) and upon a large elm tree strung up an effigy of Oliver alongside a boot — the footwear comprising a second, punny, effigy of the Stamp Act’s sponsor the Earl of Bute.
“What greater Joy can NEW-ENGLAND see,” ran the menacing note pinned to the mannequin, “Than STAMPMEN hanging on a Tree!” As is clear from the following newspaper account, versions of which circulated widely in New England, these were no mere theatrics but a very proximate physical threat; even the elm’s property owner dared not take down the provocative display for fear that the crowd would pull down his house. Likewise taking the better part of valor, Oliver pledged to anti-tax colonists that he would not take the office, and he kept his word.**
Providence Gazette, August 24, 1765
After this triumphant debut, the elm in question became a common rallying-point for the hotheaded set, a frequent stage for speechifying, rabble-rousing, and freshinstances of popular justice all further to the patriot cause until, as Nathaniel Hawthorne put it, “after a while, it seemed as if the liberty of the country was connected with Liberty Tree.” Of course, it’s all a question of whose liberty; a Tory gloss on this deciduous republican made it “an Idol for the Mob to Worship; it was properly the Tree ordeal, where those, whom the Rioters pitched upon as State delinquents, were carried to for Trial, or brought to as the Test of political Orthodoxy.” When besieged in Boston in 1775-1776, British Tories cut the damned thing down, so for subsequent generations it was only the Liberty Stump.
“The Colonists Under Liberty Tree,” illustration from Cassell’s Illustrated History of England, Volume 5, page 109 (1865)
In a chariot of light from the regions of day,
The Goddess of Liberty came;
Ten thousand celestials directed the way,
And hither conducted the dame.
A fair budding branch from the gardens above,
Where millions with millions agree,
She brought in her hand as a pledge of her love,
And the plant she named Liberty Tree.
The celestial exotic struck deep in the ground,
Like a native it flourished and bore;
The fame of its fruit drew the nations around,
To seek out this peaceable shore.
Unmindful of names or distinctions they came,
For freemen like brothers agree;
With one spirit endued, they one friendship pursued,
And their temple was Liberty Tree.
Beneath this fair tree, like the patriarchs of old,
Their bread in contentment they ate
Unvexed with the troubles of silver and gold,
The cares of the grand and the great.
With timber and tar they Old England supplied,
And supported her power on the sea;
Her battles they fought, without getting a groat,
For the honor of Liberty Tree.
But hear, O ye swains, ’tis a tale most profane,
How all the tyrannical powers,
Kings, Commons and Lords, are uniting amain,
To cut down this guardian of ours;
From the east to the west blow the trumpet to arms,
Through the land let the sound of it flee,
Let the far and the near, all unite with a cheer,
In defence of our Liberty Tree.
* Visitors to the U.S. capital of Washington D.C., whose 700,000 residents cast no votes in the Congress they live cheek by jowl with, can find this familiar grievance right on the city’s license plates.
** How far this surly bunch was prepared to go on August 14, 1765, one can only guess at; however, in later years, there would be several instances of Bostonians tarring and feathering various tax collectors. These guys did not do civility politics.
An irritating situation became an intolerable one when loyalists and Mohawks descended on the village of Cherry Valley November 11, 1778, and massacred not only its defenders but about 30 non-combatants.
The slaughter of Jane Wells during the Cherry Valley Massacre. Engraving by Thomas Phillibrown from an original image by Alonzo Chappel (1828-1887).
“The Expedition you are appointed to command is to be directed against the hostile tribes of the Six Nations of Indians, with their associates and adherents,” Washington instructed his man.
The immediate objects are the total destruction and devastation of their settlements, and the capture of as many prisoners of every age and sex as possible. It will be essential to ruin their crops now in the ground and prevent their planting more.
I would recommend, that some post in the center of the Indian Country, should be occupied with all expedition, with a sufficient quantity of provisions whence parties should be detached to lay waste all the settlements around, with instructions to do it in the most effectual manner, that the country may not be merely overrun, but destroyed.
But you will not by any means listen to any overture of peace before the total ruinment of their settlements is effected. Our future security will be in their inability to injure us and in the terror with which the severity of the chastisement they receive will inspire them.
But the first chastisements were issued to no Indian, but to Tory skulks.
Sullivan took command of one column, and ordered Gen. James Clinton to march another force down the Mohawk River Valley to Canajoharie. The following narration from the very specific chronicle History of Schoharie County, and border wars of New York gives us two Tory spies along with at least one patriot deserter all executed in those precincts; however, another Clinton letter dates only the Hare hanging specifically to Monday, June 21 (precise dates for the other two executions appear to be lost to history).
While Gen. Clinton was waiting at Canajoharie for his troops and supplies to assemble, and also for the construction of bateaus, two tories were there hung, and a deserter shot. The following letter from Gen. Clinton to his wife, dated July 6th, 1779, briefly narrates the death of the two former:
I have nothing further to acquaint you of, except that we apprehended a certain Lieut. Henry Hare, and a Sergeant Newbury, both of Col. Butler’s regiment, who confessed that they left the Seneca country with sixty-three Indians, and two white men, who divided themselves into three parties — one party was to attack Schoharie, another party Cherry-Valley and the Mohawk river, and the other party to skulk about Fort Schuyler and the upper part of the Mohawk river, to take prisoners or scalps. I had them tried by a general court martial for spies, who sentenced them both to be hanged, which was done accordingly at Canajoharie, to the satisfaction of all the inhabitants of that place who were friends to their country, as they were known to be very active in almost all the murders that were committed on these frontiers. They were inhabitants of Tryon county, had each a wife and several children, who came to see them and beg their lives.
The name of Hare was one of respectability in the Mohawk valley, before the revolution. Members of the Hare family were engaged for years in sundry= speculations with Maj. Jelles Fonda, who, as already observed, carried on an extensive trade with the Indians and fur traders at the western military posts; his own residence being at Caughnawaga [the region north of the Mohawk] Henry Hare resided before the war in the present town of Florida, a few miles from Fort Hunter. At the time he left the valley with the royalist party to go to Canada, his family remained, as did that of William Newbury, who lived about 3 miles from Hare, toward the present village of Glen.
If Hare had rendered himself obnoxious to the whigs of Tryon county, Newbury had doubly so, by his inhuman cruelties at the massacre of Cherry Valley, some of which, on his trial, were proven against him. Hare and Newbury visited their friends, and were secreted for several days at their own dwellings. The former had left home before daylight to return to Canada, and was to call for his comrade on his route. Maj. Newkirk, who resided but a short distance from Hare, met a tory neighbor on the afternoon of the day on which Hare left home, who either wished to be considered one of the knowing ones, or lull the suspicions resting upon himself, who communicated to him the fact that Hare had been home — and supposing him then out of danger, he added, “perhaps he is about home yet.” He also informed him that Newbury had been seen.
Hare brought home for his wife several articles of clothing, such as British calicoes, dress-shawls, Indian mocasons, &c., and on the very day he set out to return to Canada, she was so imprudent as to put them on and go visiting — the sight of which corroborated the story told Newkirk. The Major notified Capt. Snooks, who collected a few armed whigs, and in the evening secreted himself with them near the residence of Hare, if possible, to give some further account of him.
Providence seems to have favored the design, for the latter, on going to Newbury’s, had sprained an ankle. Not being willing to undertake so long a journey with a lame foot, and little suspecting that a friend had revealed his visit, he concluded to return to his dwelling. While limping along through his own orchard, Francis Putman, one of Snook’s party, then but 15 of 16 years old, stepped from behind an apple tree, presented his musket to his breast, and ordered him to stand. At a given signal, the rest of the party came up, and he was secured. They learned from the prisoner that Newbury had not yet set out for Canada, and a party under Lieut. Newkirk went the same night and arrested him. They were enabled to find his house in the woods by following a tame deer which fled to it.
The prisoners were next day taken to Canajoharie, where they were tried by court martial, found guilty, and executed as previously shown. The execution took place near the present village of Canajoharie. The influence exerted by the friends of Hare to save him would have been successful, had he declared that he visited the valley solely to see his family. He may have thought they dared not hang him; certain it is, that when he was interrogated as to the object of his visit, he unhesitatingly said that he not only came here to see his family, but also came in the capacity of a spy. A deserter, named Titus was shot at Canajoharie about the time the spies were hung, as I have been informed by an eye witness to all three executions. — James Williamson.
Deserters were shot for the first, second, or third offence, as circumstances warranted. Newbury and Titus were buried near the place of execution, and the bones of one of them were thrown out at the time of constructing the Erie Canal [which cut through the Mohawk Valley -ed.], by workmen who were getting earth for its embankment. The body of Hare was given to his relatives for interment. Previous to burial the coffin was placed in a cellar-kitchen, before a window, in which position a snake crawled over it. This circumstance gave rise to much speculation among the superstitious, who said “It was the Devil after his spirit.”
The 
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