(To assuage the pangs of imperial adventurism upon our tender-headed hero, Maximilian had been “invited” to assume the Mexican throne by a convention handpicked to do just that.)
There the puppet emperor with the silver spoon in his mouth found himself pitted in civil war against the Amerindian peasant from the school of hard knocks: Benito Juarez, one of Mexico’s great liberal statesmen.
As the tide turned in favor of Juarez and the liberals, and Napoleon’s attention increasingly fixated on problems closer to home, the French threw in the towel.
But Maximilian had too much honor or too little sense to heed his patron’s advice to get out while the getting was good; sticking it out with “his people,” he was captured in May, 1867.
Juarez desiring to give any future bored European nobles second thoughts about New World filibustering, Maximilian got no quarter.**
Maximilian’s widow Charlotte — “Carlota”, when trying to blend with her adoptive subjects — descended into a long-lived madness back in the Old World, but was rumored to have borne with one of Maximilian’s French officers an illegitimate child who would go on to become an infamous Vichy collaborator.
Books about Emperor Maximilian
This sensational affair attracted plenty of coverage in the ensuing years; as a result, there is a good deal of topical material from near-contemporaries now in the public domain. Maximilian in Mexico: A Woman’s Reminisces of the French Intervention 1862-1867 (Gutenberg | Google Books) is a zippy read.
** Spanish trial records are here. European appeals for clemency poured in, but Maximilian had doomed himself with the “Black Decree” of 1865, ordering summary executions of captured Republicans.
The time for indulgence has gone by: it would only encourage the despotism of bands of incendiaries, of thieves, of highwaymen, and of murderers of old men and defenseless women.
The government, strong in its power, will henceforth be inflexible in meting out punishment when the laws of civilization, humanity, or morality demand it.
If all the Kings and Queens in Europe [pled for Maximilian] I could not spare that life. It is not I who take it; it is the people and the law, and if I should not do their will the people would take it and mine also.
On this date in 1862, a 42-year-old gambler hanged at the New Orleans mint where, six weeks before, he had pulled down the Stars and Stripes of the arriving Union occupiers to the delight of a Confederate mob.
Moving to secure the Mississippi, Northern forces had the Big Easy encircled and about to surrender when, an advance team landed in the undefended city and pulled down the Stars and Bars over the mint on Esplanade Avenue.
William Bruce Mumford was among the Confederate loyalists who took exception to the Yankee flag, so he chopped it down and dragged it through the street (provoking a cannonade from a Union warship). The flag was little but tatters by the time he had through with it.
Although the city was not officially occupied at the time of this incident, the mint was a federal building. Army General Benjamin Butler resolved to make a salutary example out of the incident to quell any possible civil unrest.
I find the city under the dominion of a mob. They have insulted our flag — torn it down with indignity. This outrage will be punished in such a manner as in my judgment will caution both the perpetrators and abettors of the act, so that they will fear the stripes, if they do not reverence the stars of our banner.
Butler, it should be allowed, had some reason for this conclusion. The Picayune exulted the act as, well, a call to resistance.
The names of the party that distinguished themselves by gallantly tearing down the flag that had been surreptitiously hoisted, we learn, are W. B. Mumford, who cut it loose from the flag-staff amid the shower of grape. Lieutenant N. Holmes, Sergeant Burns and James Reed. They deserve great credit for their patriotic act. New Orleans, in this hour of adversity, by the calm dignity she displays in the presence of the enemy, by the proof she gives of her unflinching determination to sustain to the uttermost the righteous cause for which she has done so much and made such great sacrifices, by her serene endurance undismayed of the evil which afllicts her, and her abiding confidence in the not distant coming of better and brighter days — of speedy deliverance from the enemy’s toils — is showing a bright example to her sister cities, and proving herself, in all respects, worthy of the proud position she has achieved. We glory in being a citizen of this great metropolis.
This free book argues that Butler’s clemency a few days before to a group of condemned southern enlisted men made mercy politically impossible in the Mumford case, lest the citizenry interpret executive weakness as an invitation to lawlessness.
If that was Butler’s calculus, Confederate die-hards did not appreciate it.
Accordingly, when Mumford was “hung … from a flag-staff projecting from one of the windows under the front portico” of the mint, he won promotion into the pantheon of southern martyrs.
Confederate President Jefferson Davis issued an order condemning General Butler, and even his officers, to death, along with some outsized bluster about embargoing prisoner exchanges that the Confederacy had not the manpower to seriously intend:
William B. Mumford, a citizen of this Confederacy, was actually and publicly executed in cold blood by hanging alter the occupation of the city of New Orleans by the forces under the command of General Benjamin F. Butler when said Mumford was an unresisting and non-combatant captive, and for no offense even alleged to have been committed by him subsequent to the date of the capture of the said city …
the silence of the Government of the United States and its maintaining of said Butler in high office under its authority for many months after his commission of an act that can be viewed in no other light than as a deliberate murder, as well as of numerous other outrages and atrocities hereafter to be mentioned, afford evidence only too conclusive that the said Government sanctions the conduct of said Butler and is determined that he shall remain unpunished for his crimes:
Now therefore I, Jefferson Davis, President of the Confederate States of America, and in their name do pronounce and declare the said Benjamin F. Butler to be a felon deserving of capital punishment. I do order that he be no longer considered or treated simply as a public enemy of the Confederate States of America but as an outlaw and common enemy of mankind, and that in the event of his capture the officer in command of the capturing force do cause him to be immediately executed by hanging; and I do further order that no commissioned officer of the United States taken captive shall be released on parole before exchange until the said Butler shall have met with due punishment for his crimes.
And whereas the hostilities waged against this Confederacy by the forces of the United States under the command of said Benjamin F. Butler have borne no resemblance to such warfare as is alone permissible by the rules of international law or the usages of civilization but have been characterized by repeated atrocities and outrages
… (examples of atrocities omitted) …
I, Jefferson Davis, President of the Confederate States of America and acting by their authority, appealing to the Divine Judge in attestation that their conduct is not guided by the passion of revenge but that they reluctantly yield to the solemn duty of repressing by necessary severity crimes of which their citizens are the victims, do issue this my proclamation, and by virtue of my authority as Commander-in-Chief of the Armies of the Confederate States do order-
1. That all commissioned officers in the command of said Benjamin F. Butler be declared not entitled to be considered as soldiers engaged in honorable warfare but as robbers and criminals deserving death, and that they and each of them be whenever captured reserved for execution.
2. That the private soldiers and non-commissioned officers in the army of said Butler be considered as only the instruments used for the commission of the crimes perpetrated by his orders and not as free agents; that they therefore be treated when captured as prisoners of war with kindness and humanity and be sent home on the usual parole that they will in no manner aid or serve the United States in any capacity during the continuance of this war unless duly exchanged.
3. That all negro slaves captured in arms be at once delivered over to the executive authorities of the respective States to which they belong to be dealt with according to the laws of said States.
4. That the like orders be executed in all cases with respect to all commissioned officers of the United States when found serving in company with armed slaves in insurrection against the authorities of the different States of this Confederacy.
The Confederates never got a chance to enforce the order; he resumed his colorful political career and died in 1893 hailed as Massachusetts’ greatest citizen-soldier. Complain (pdf) as they might of his iron-heeled rule, the residents of New Orleans had good cause to appreciate the relatively early and orderly occupation of their city, which spared it the flames visited on more recalcitrant rebel strongholds.
For the South, the loss of its largest city and the gateway to the Mississippi was a severe blow. As the rebel position crumbled in the months to come, Jefferson Davis must have had a worry for his own neck.
Somehow, he and every other Southerner escaped execution for their treasonable design, which leaves William Bruce Mumford, the riverboat gambler who tore down Old Glory, as the only American since at least the War of 1812 to be put to death for treason against the United States.*
* Anti-slavery rebel John Brown was hanged for treason in 1859, but it was treason against the state of Virginia — not against the U.S. Julius and Ethel Rosenberg were electrocuted for espionage, not treason.
On this day in 1076, William the Conqueror had Northumbrian Earl Waltheof II beheaded for treachery — the only major noble executed by the Norman king.
When the Norman Conquest brought William the Conqueror to power, the nobles didn’t know the Normans would be able to keep what they’d won … and being nobles, they started plotting.
Multiple revolts shook the northern marches where Waltheof had his domain, and the burly Northumbrian, according to skald Thorkill Skallason, was a Norman-killing machine.
Waltheof burned a hundred
Of William’s Norman warriors
As the fiery flames raged;
What a burning there was that night!
Our day’s principal made nice with the Conqueror and even got dynastically wedded to William’s niece, Judith.
But his fame as a warrior and strategically positioned estates soon had conspirators wooing him for another run at rebellion — the Revolt of the Earls, which would turn out to be the last serious resistance to the last successful invasion of Britain.
Waltheof either (accounts are radically at odds) signed on and then got cold feet, or got entrapped into it, or didn’t join but also didn’t report it when he found out, or got shopped for political reasons by his Norman bride. (Judith, suspiciously, got to keep his huge tracts of land after Waltheof lost his head for the property-confiscating offense of treason.)
Whatever the case, he was soon obliged to throw himself on the mercy of the king. He got a royal wife as his first prize for a brush with treason. His second prize was, he was decapitated.
Waltheof is supposed to have made such a delay at the scaffold with the Lord’s Prayer that the headsman got impatient and lopped off his dome after the words “Lead us not into temptation.” Devotional legend says that the severed head completed the prayer.
William crossed the cold channel
and reddened the bright swords,
and now he has betrayed
noble Earl Waltheof.
It is true that killing in England
will be a long time ending;
A braver lord than Waltheof
Will never be seen on earth.
But Honest Abe had one last order of business to attend to before his carriage called him away to destiny: the pardon of a convicted Confederate spy due to be shot in St. Louis two days hence. Lincoln’s handwritten clemency for George Vaughn was the last official act of his presidency.
Lincoln in Story (“The Life of the Martyr-President told in Authenticated Anecdotes,” a light 1901 volume for popular consumption) relates:
Before the war Vaughn, with his wife and children, lived in Canton, Mo. He was a friend of Martin E. Green, a brother of United States Senator James S. Green, both strong pro-slavery men. At the opening of the war Martin E. Green recruited a regiment and received a colonel’s commission from the Confederate Government. George Vaughn enlisted under Green’s command and fought through the war.
After a period of fighting, Green and Vaughn crossed into Mississippi from Tennessee, camping at Tupelo, Miss. Not having heard from his family, Green was anxious to hear from his old home, so he delegated Vaughn to go on the mission of delivering letters to his wife.
Vaughn had almost completed his trip, having reached La Grange, six miles south of Canton, when he was captured by a squad of Federal troops.
They searched his person, and, finding letters and papers concealed about him, he was tried as a spy and sentenced to be shot. John B. Henderson, Senator from Missouri, finally succeeded in getting an order from the President for a retrial, but the verdict remained as hitherto. Again Henderson appealed to Lincoln, who granted a third trial, with the same result.
Henderson was not disconcerted, and again went to Lincoln. It was on the afternoon of April 14, 1865 — a melancholy date — that the Senator called at the White House. He called the attention of Lincoln to the fact that the war was practically closed, and said: “Mr. Lincoln, this pardon should be granted in the interest of peace and conciliation.”
This story gravitates naturally to the clemency of “the Great Heart” (as, for instance, D.W. Griffith called Lincoln). Far be it from us to say otherwise, but this is also self-evidently a story of the unusual prerogatives of the well-connected: not just any accused spy could get two trial do-overs and then a pardon free and clear ordered straight from the White House.
Mr. Lincoln replied: “Senator, I agree with you. Go to Stanton and tell him this man must be released.”
Henderson went to the office of the Secretary of War. Stanton* became violently angry, and swore that he would permit no such procedure.
Vaughn had but two days to live, and Henderson hastened to make one more stand. After supper he went to the White House. The President was in his office, dressed to go to Ford’s Theatre, when the Senator entered and told of the meeting he had had with Stanton.
Lincoln turned to his desk and wrote a few lines on an official sheet of paper. As he handed it to Senator Henderson he remarked: “I think that will have precedence over Stanton.”
It was an order for an unconditional release and pardon — the last official paper ever signed by Abraham Lincoln.
* Stanton is supposed to have delivered the remark as Lincoln’s deathbed, “now he belongs to the ages” … an alleged epitaph whose actual content is subject, like all biography, to textual uncertainty and ideological redefinition.
Update: The excellent tale of a different soldier pardoned on this same date has recently been debunked by the National Archives in an academic scandal: in January 2011, researcher Thomas Lowry confessed to altering the pardon order for one Patrick Murphy from the true (and much less dramatic) date of April 14, 1864 to April 14, 1865.
Vaughn was actually pardoned just before Lincoln went to Ford’s Theater; Murphy (totally unconnected to Vaughn) was pardoned 365 days prior.
On January 15, 1895, a Belgian colonial official in the Congo Free State hanged Charles Stokes for trading illicitly.
A British subject who’d abandoned his humdrum Liverpool desk job to become an missionary in Africa, Stokes eventually became a merchant in the mysterious continent noted for his favorable relationships with the locals. (He had two African wives.)
In 1895, operating out of German East Africa,* his caravan was detained trading into the Congo Free State — King Leopold’s hellish personal reserve — with “Arab” slavers who colonial authorities considered rebels. That “rebel Arab slavers” bit formed the charge against him, but trading outside the royal monopoly was probably at least as egregious in Belgian eyes.
It was alleged that [Stokes] had large quantities of arms, ammunition, and ivory, and that he had bought the ivory at a low price from Kibonge, the assassin of Emin Pasha. Captain Lothaire, an official, an official of the Congo State, with a strong force, was then advancing from Stanley Falls to attack this Arab chief Kibonge, in revolt against the Congo State.** On Lothaire’s arrival at Kilunga, Kibonge was already a prisoner in the hands of his own native subordinates, who refused to join him in fighting the State. Stokes applied to Lothaire for protection of his ivory and goods, which he desired to carry towards the East Coast. Lothaire claimed that letters were found among Kibonge’s effects which went to prove that Stokes had sold large quantities of arms and ammunition to this chief, to be used in war against the Congo State. Mr. Stokes was arrested by Captain Lothaire’s orders, brought before a court-martial composed of two non-commissioned officers and Lothaire, and sentenced to be hanged. The execution took place the following morning.
Though not surprising that the summary hanging of a European would provoke an international incident, one would hardly call it equitable given the unnumbered, unmourned multitudes of Africans whose lives were wrung dry and discarded for Belgium’s treasury. Still, the “Stokes Affair” made the headlines in both England and Germany, and for activist types struggling to gain any kind of traction for their tales of colonial horrors, it was something to work with.
Leopold paid off both countries. The trial of Lohaire for naughtily conducting the execution ended in an acquittal. Belgium set up a blue-ribbon commission of missionaries solemnly vowing to investigate abuses, which was never heard from again.
(Look for Charles Stokes’ appearance in this tale of the Belgian Congo’s woe, beginning at about 1:01:25.)
If the Stokes incident didn’t catch fire itself, it became a stick in the accumulating dry tinder that Sir Roger Casement set a spark to in the early 20th century.
And maybe a bit more than that, too.
The horror! The horror!
Stokes’s singular story is often thought to inform (pdf) Joseph Conrad’s great literary critique of colonialism, Heart of Darkness.
The Stokes hanging would be only one data point among many for those who had ears to listen to the horrors emerging from the Congo, to be sure. Still, Molly Mahood and Ian Watt have included Stokes — the gone-native ivory trader — as one of several possible inspirations for the novel and especially the Kurtz character. Lothaire himself probably offered fodder for the petty, tyrannous impunity of colonial officers who the narrator encounters on his way to meet Kurtz.
I gathered in snatches that this was some man supposed to be in Kurtz’s district, and of whom the manager did not approve. ‘We will not be free from unfair competition till one of these fellows is hanged for an example,’ he said. ‘Certainly,’ grunted the other; ‘get him hanged! Why not? Anything — anything can be done in this country.’
* Present-day Rwanda, Burundi and Tanzania.
** Lothaire had spent the early part of the decade wresting Belgian commercial dominance in the eastern Congo from the incumbent Arabo-Swahili elites. (The link is French.) “Arabs” in the context of the Belgian Free State meant these Moslem bantus, not (by and large) ethnic Arabs as we would think of them today.
Neither were “Arab slavers” a distinct enemy class for the Free State; those prepared to play ball with white authorities raided native settlements to obtain slaves for rubber plantations and other Belgian-authorized ventures.
On January 8, 1864, young David Owen Dodd was hanged in Little Rock for spying on federal troops … and cavalryman Ephraim Dodd (no known relation) suffered the same fate for the same crime in Knoxville.
Knoxville worthies rallied to save him and Ephraim Dodd insisted upon his innocence, but not so vociferously that he displayed any terror of his fate.
Do not grieve for me, my dear parents, for I am leaving a world full of crime and sin for one of perfect bliss.
The hanging itself wasn’t bliss, exactly, despite a well-planned soundtrack.
From the “Death March” the music gradually slid into “Mary’s Dream,” and then we were carried back by the magic of the plaintive notes to juvenile days; to visions of “Sandy far at Sea,” and to the sad cadence of that fading refrain,
“When, soft and low, a voice she heard
Saying, Mary, weep no more for me.”
The solemn march, the wailing notes of the fife, and perhaps above all the calm, unmoved, manly bearing of the prisoner — so we thought — produced a mournful impression upon the spectators.
Points earned on artistic merit, however, were deducted for technique.
At a signal the bolt was now withdrawn, the culprit fell, but the cotton rope broke by the sudden tension, and the man lay stretched and stunned upon the frozen ground below. A mummer of horror, mingled with expressions of pity, ran through the assembled crowd. Recovering for an instant from the shock — for his neck was not broken — he said — perhaps incoherently: “Release me quick, if you please.” For some ten minutes the unfortunate man lay thus upon his back, without moving a muscle. Meantime the officers and men, whose painful duty it was to see to the execution of the law, adjusted this time two parts of the same rope instead of one, and the half-conscious man was borne up the fatal steps a second time, being partly supported upon the drop until the double noose had been adjusted. Not a word or sign of suffering all this time escaped his lips. In another moment the drop fell, and prisoner’s form now hung by the neck — the knot behind the head. Death finally ensued by strangulation. In ten minutes, Dr. Cogswell, the officiating surgeon, pronounced life extinct, and the body was taken down and buried.
David Owen Dodd
A few hours later and 500 miles down the way, the entirely unrelated hanging of David Owen Dodd proceeded in Little Rock, Ark.
Only 17 at his hanging and not physically robust enough to get his brains blown out at Gettysburg, Dodd was sent by his father on a business trip across Union lines — everything legit, and carrying a pass — but got busted with morse code notations of Union troop strength in the city.
Unlike Ephraim, who was basically a normal soldier thrust into incriminating-looking circumstances by the chance of war, young David Dodd was rightly accused.
He didn’t bother protesting his innocence, but he also kept mum about his contacts. (Suggestively, a teenage girl and her father were whisked out of town and kept under guard in Vermont for the rest of the war.) That proud silence has won him quite a reputation in Arkansas as the Boy Hero of the Confederacy.
But similarities between the condemned men extended beyond their names. David’s parting filial reassurance could pass for a paraphrase of Ephraim’s.
[D]o not weep for me for I will be better off in heaven. I will soon be out of this world of sorrow and trouble.
And the hanging itself, conducted in a tense atmosphere, was likewise a botched job. In this case, the slight young man didn’t fall hard enough to break his neck, but did fall far enough to get his tiptoes on the ground, initiating an agonizingly protracted strangulation which the soldiers on detail expedited by (accounts differ) pulling on David Dodd’s legs and/or pulling up on the rope.
On this date in 1862, a 19-year-old Confederate infantryman became the tragic victim at Murfreesboro, Tenn., of his army’s need to shore up military discipline.
Kentuckian Asa Lewis was shot for desertion, for having returned home after his enlistment expired in order to help his family plant the season’s crops.
“French leave”,* it’s sometimes called — an illicit but temporary and often unpunished absence from the unit.
[The South’s] white population combined with its preferred form of agriculture to create a potential pool of men who could hardly be called disposable … To find the Southern soldier one must go down the food chain into that vast sea of men referred to as yeomen and poor whites. These men and their sons would form the backbone of the Southern army, an army of farmers, men whose lives were as governed by the seasons as the lives of their fathers and grandfathers before them. These men could not be spared in the same way as their Northern counterparts without affecting the quality of their families’ lives — and often those families’ very survival.
Under less urgent circumstances, Lewis would be the poster child for the guy who would sort of deserve to slide for the odd spell of French leave.
He’d fought with distinction, earning decorations and promotions, and his mother and sisters were reportedly starving without his help. He was only being kept in the army after his term of engagement by the 19th-century equivalent of a stop-loss policy.
But Lewis had the bad fortune to go AWOL — it seems he did intend to return — right when the urgency of the army-wide desertion situation was becoming apparent to Confederate brass … and while serving under the general who Weitz says took it most seriously.
Gen. Braxton Bragg had issued an amnesty earlier that fall to clear the decks, and then declared pitiless treatment of desertion going forward.
Bragg understood something that his superiors, peers, and colleagues did not: the Confederacy had an army of farmers … Bragg knew that these men were fighting at home, that they would [sic] were being drawn back there, and that he had to take immediate steps to close off the avenues of departure.
Bragg tightened the screws on soldiers who straggled on the march (a common strategy to slink away), on grunts seeking medical furloughs (already establishing themselves as a halfway house towards a discharge), and on Confederate prisoners obtained by exchange for Union POWs (who were no longer paroled back home, but kept with the army).
Asa Lewis was hardly the only man shot under the policy. But construing mere French leave as capitally punishable “desertion” gave the general a chance to put the fear of a Confederate firing squad into other potential stragglers and malingerers — and the Kentuckian campaign to obtain clemency for the poor kid probably only helped Bragg’s purpose.
[A]midst a drenching rain-storm, Asa Lewis, member of Captain Page’s company, Sixth Kentucky regiment, was shot by a file of men. He was executed upon a charge of desertion, which was fully proven against him. The scene was one of great impressiveness and solemnity. The several regiments of Hanson’s brigade were drawn up in a hollow square, while Generals Breckinridge and Hanson, with their staffs, were present to witness the execution. The prisoner was conveyed from jail to the brigade drill-ground on an open wagon, under the escort of a file of ten men, commanded by Major Morse and Lieut. George B. Brumley. Lewis’s hands were tied behind him, a few words were said to him by Generals Brekinridge and Hanson, and word fire was given, and all was over. The unfortunate man conducted himself with great coolness and composure. He was said to have been a brave soldier, and distinguished himself at the battle of Shiloh.
Official journos may have been approving — Weitz says a contemporary newspaper report approvingly claimed that “when Bragg saw his army melting away from desertion he began shooting every man convicted by a court-martial, and that as a result his army had become ‘well disciplined'” — but less charitable interpretations of Bragg would hew more to the line that the man was simply being a petty, vindictive tyrant.
The aforementioned execution witness Breckinridge, for instance, was a Kentuckian himself and hated Bragg’s guts. (A week later, Bragg would waste 10,000 Confederate lives at the Battle of Stones River, and the rift became irreparable.)
John Brown, abolitionist, father of 20 children, advocate of armed insurrection as a direct means of ending slavery, is just such a figure. Before looking at how his actions influenced history, however, it is instructive to consider how history influenced him.
Born into a devout family opposed to slavery on religious and moral grounds, Brown grew up in a vehemently anti-slavery district of Ohio and, as a young man, began training in New England to become a Congregationalist minister.
When money ran out, he returned to Ohio and began a series of variously successful business ventures and married his first wife, with whom he would have seven children. When his businesses failed, he moved to Pennsylvania, buried his wife, married his second, and started a tannery, which began to founder as one of his sons died and Brown fell ill. He moved his family –- now with more than a dozen children –- back to Ohio, where he was hit hard by the economic crisis of 1839 (PDF link). In 1842, he was declared bankrupt; the following year, four more of his children died of dysentery.
In spite of these setbacks, Brown remained dogged in his pursuit of ventures to get himself out of debt, becoming a seasoned expert among small sheep farmers and acting as a self-appointed crusader for their empowerment against the encroaching interests of manufacturers. While this backfired and Brown remained impoverished into the 1850s (thought not as much as when he was declared bankrupt), it solidified his interest in helping the underdog.
Bleeding Kansas
Moral and religious interest in the abolition of slavery had been part of Brown’s upbringing, but it wasn’t until 1855, when five of Brown’s adult sons began sending word of often violent pro-slavery machinations in the Kansas territory, that Brown first became committed to drastic action on behalf of the cause. His strategy wasn’t at first overtly violent, but was rather convinced that the anti-slavery cause could win by the ballot box; over the course of the next year, however, he became convinced that the only sure way of preserve Kansas as a free territory was by “fighting fire with fire” (historical opinion as to the precise extent of the pro-slavery violence in relation to Brown’s later actions is divided).
In 1856, with tensions reaching a boiling point, Brown, four of his sons, and a band of other abolitionists killed five pro-slavery settlers in Franklin County, Kansas in what became known as the Pottawatomie Massacre. No legal retribution was possible or likely; Brown and his party escaped handily (although one of his sons was killed the following August), and Brown spent the next three years using various aliases to travel among abolitionists raising funds to launch an all-out assault on slaveowners back East.
“The crimes of this guilty land will never be purged away but with blood.”
That he chose the federal arsenal in Harpers Ferry, Virginia (now West Virginia) for his historic attack was no accident; it “evinced federal power stained by slavery.”
Brown believed his actions would be the start of a lasting insurrection in which slaves would rise up against their owners in an insurrection that would quickly spread to neighboring counties and throughout the South. While violence was expected, it was to be minimized, and, after the initial raid, used only in self-defense.
Twenty-one men, in total, took part in the raid; Brown’s expected hundreds of recruits never materialized. The slave population never got a chance to rise up against their masters, as townspeople promptly began firing on the raiders; by the morning after the start of the raid, the invaders were surrounded by a company of US Marines.* Brown was captured, along with seven of his men; ten were killed, and four escaped.
Tried in Virginia for murder, treason and conspiracy, Brown was convicted on November 2, just weeks after his failed insurrection, and sentenced to be hanged within a month. His often-cited speech in Court in response to this sentence would become a rallying cry for the abolitionist movement:
This court acknowledges, as I suppose, the validity of the law of God. I see a book kissed here which I suppose to be the Bible, or at least the New Testament. That teaches me that all things whatsoever I would that men should do to me, I should do even so to them. It teaches me, further, to “remember them that are in bonds, as bound with them.” I endeavored to act up to that instruction… Now, if it is deemed necessary that I should forfeit my life for the furtherance of the ends of justice, and mingle my blood further with the blood of my children and with the blood of millions in this slave country whose rights are disregarded by wicked, cruel, and unjust enactments, I submit; so let it be done!
“Make the gallows glorious like the Cross.”
During his last month on Earth, Brown seemed well-aware that he was on his way to be a martyr. Refusing rescue by a supporter who had managed to infiltrate the prison, he wrote letters of valor and conviction which were increasingly picked up by the Northern abolitionst press, and attracted pleas of clemency from sources as removed as Victor Hugo.
Christ-like: The Last Moments of John Brown, by Thomas Hovdenden.
John Brown hanged at Charles Town, Virginia (present-day West Virginia — another thing Virginia lost during the Civil War). This 19th-century drawing is from the Virginia Military Institute archive of the event, which includes eyewitness accounts of soldiers who attended the hanging, including Thomas “Stonewall” Jackson.
Hanged in the mid-morning of December 2, 1859, Brown stated ominously: “I, John Brown, am now quite certain that the crimes of this guilty land will never be purged away but with blood. I had, as I now think, vainly flattered myself that without very much bloodshed it might be done.”
Brown’s dramatic enactment of an attempted armed insurrection –- even an abortive one –- stoked longstanding Southern fears of slaverebellions, leading the South to reorganize and equip its outdated militias, and the Union to increasingly valorize a man who held, with sheer and utter clarity, the very convictions in which they must needs believe to fight and win the coming War Between the States.
Called a “misguided fanatic” by the man who would lead that war, Brown’s actions nonetheless both hastened the inevitable schism already drawn so dramatically across a nation in which one out of every ten human beings was held in legal bondage, as well as gave moral and spiritual courage to those who would ultimately rise to eradicate it.
Did John Brown draw his sword against slavery and thereby lose his life in vain? And to this I answer ten thousand times, No! No man fails, or can fail, who so grandly gives himself and all he has to a righteous cause. No man, who in his hour of extremest need, when on his way to meet an ignominious death, could so forget himself as to stop and kiss a little child, one of the hated race for whom he was about to die, could by any possibility fail.
Did John Brown fail? Ask Henry A. Wise in whose house less than two years after, a school for the emancipated slaves was taught.
Did John Brown fail? Ask James M. Mason, the author of the inhuman fugitive slave bill, who was cooped up in Fort Warren, as a traitor less than two years from the time that he stood over the prostrate body of John Brown.
Did John Brown fail? Ask Clement C. Vallandingham, one other of the inquisitorial party; for he too went down in the tremendous whirlpool created by the powerful hand of this bold invader. If John Brown did not end the war that ended slavery, he did at least begin the war that ended slavery. If we look over the dates, places and men for which this honor is claimed, we shall find that not Carolina, but Virginia, not Fort Sumter, but Harpers Ferry, and the arsenal, not Col. Anderson, but John Brown, began the war that ended American slavery and made this a free Republic. Until this blow was struck, the prospect for freedom was dim, shadowy and uncertain. The irrepressible conflict was one of words, votes and compromises.
When John Brown stretched forth his arm the sky was cleared. The time for compromises was gone – the armed hosts of freedom stood face to face over the chasm of a broken Union – and the clash of arms was at hand. The South staked all upon getting possession of the Federal Government, and failing to do that, drew the sword of rebellion and thus made her own, and not Brown’s, the lost cause of the century.
On this date in 472, one of the last “twilight emperors” of the western Roman Empire — and the last of any conspicuous ability — was beheaded by his rebellious general Ricimer.
Here in Rome’s dying days, the dangerous, centuries-old game for the purple was played with the twist of political triangulation with barbarian kings who had set up permanent shop within the old empire’s borders.
Maybe it was his closet paganism, or his Greek patrician breeding, or the way he slung his toga — whatever it was, Anthemius didn’t have the knack for winning them over.
Born and reared in Constantinople, Anthemius was being groomed for succession in the relatively less treacherous eastern empire when his royal patron (and father-in-law) suddenly got gangrene and died.
The Alan commander who held military power in the east wasn’t into Anthemius, so he got the Al Gore treatment and Leo I got the laurels. Interestingly, although barbarian tribes were establishing themselves as the power behind the throne — and this was even more true in the west — they were not yet prepared to assert the imperial majesty in their own names. That last feeble cultural bulwark, however, would not hold out much longer.
Leo “rewarded” Anthemius for taking it all in stride by appointing him emperor of the perilous west. (He also rewarded the kingmaking barbarian chieftain by having him murdered. “Leo the Butcher,” he’s called.)
That pissed off legendary Vandal king Genseric (or Gaiseric, or Geiseric), who had sacked Rome in 455 and settled into a long career lucratively plundering the Mediterranean. And with good reason: Leo’s idea was for the two emperors jump Genseric.
Now, before this time Leo had already appointed and sent Anthemius as emperor of the west, a man of the senate of great wealth and high birth, in order that he might assist him in the Vandalic war. And yet Gaiseric kept asking and earnestly entreating that the imperial power be given to Olybrius, who was married to Placidia, the daughter of Valentinian, and on account of his relationship well-disposed toward him, and when he failed in this he was still more angry and kept plundering the whole land of the emperor. (Procopius)
That war was a debacle and left Genseric merrily raiding Italy, but Anthemius’ real problem was domestic: his new realm had its own Germanic commander who also preferred to pick his own emperors, and he took an instant dislike to the foreign ponce. Anthemius and Ricimer managed a brief detente, during which the new guy tried to take Gaul back from the Visigoths (no dice), but the two fell to fighting in 472. After a brief siege, Ricimer overran Rome and set up in Anthemius’ place that Genseric-favored Olybrius (who would last all of 39 days).
Anthemius took refuge in one of Rome’s churches — either St. Peter’s or Santa Maria in Trastevere — where he was betrayed, and beheaded by (naturally) Ricimer’s Burgundian nephew.
On a sweltering July 7, 1865, a mere 12 weeks after Abraham Lincoln was shot at Ford’s Theater, four of his assassin’s accomplices were hanged in the courtyard of the District of Columbia’s Washington Arsenal — present-day Fort McNair, and specifically its tennis courts.
Booth, on the far left, playing Marc Antony in Julius Caesar opposite his brothers. He had Brutus’ example in mind, as he wrote in his diary while on the run: “with every man’s hand against me, I am here in despair. And why? For doing what Brutus was honored for.”
The exact nature of the conspiracy against the man who had seen the North to victory in the Civil War has been debated ever since actor John Wilkes Booth lodged a ball from his one-shot Derringer behind Honest Abe’s ear. But it was a conspiracy — an astoundingly bold one.
Simultaneous with Booth’s successful attack upon Lincoln, there was an unsuccessful attempt to kill Secretary of State William Seward; it would emerge in the investigation that another man had been detailed to murder Vice President Andrew Johnson, but got drunk and chickened out. The apparent upshot: with the President and Vice President dead, new national elections would be required to replace the Senator who would become acting president — and with the Secretary of State dead too, there’d be nobody to implement them. Booth was trying to paralyze the North with its own constitutional machinery in some desperate hope of reviving the defeated South.
Ten Against D.C.
Hundreds were detained in the stunning assassination’s immediate aftermath, but ten would ultimately be the federals’ targets. A massive manhunt pursued Booth through southern Maryland and into Virginia, where he was killed in a shootout. John Surratt, who had conspired with Booth in an earlier plot to kidnap the president — that failed plot had been reconfigured into the assassination — escaped from the country.
The other eight were rounded up and stashed at the Arsenal to face a military tribunal. It was a highly controversial arrangement: the war had entered a gray area — Robert E. Lee’s surrender just days before the murder had effectively ended the war, but when the trial opened in May Confederate President Jefferson Davis was still at large, and the last Southern general wouldn’t lay down his arms until late June. The District of Columbia was still technically under martial law … so would it do to use a military court?
Military Tribunal
So the government asked itself: government, would you rather have looser evidentiary rules and a lower bar of conviction than you would have in civil court? The government duly produced for the government an opinion that the military characteristic of the assassination — that is, to help whatever southern war effort still obtained — licensed the government to use the military courts.
That didn’t sit well with everyone. One former Attorney General griped:
If the offenders are done to death by that tribunal, however truly guilty, they will pass for martyrs with half the world.
Indeed, a year later, the Supreme Court’s landmark ex parte Milligan ruling would forbid the use of military courts where civilian courts are open — which they were in Washington, D.C.
That, of course, was too late to help Booth’s comrades. It would be a military trial, with a majority vote needed for conviction and no right of appeal but to the president for the most infamous crime of the Republic. Everyone had a pretty good idea what the results would be.
Rogues’ Gallery
Two of the four today were doomed from the outset under any juridical arrangement imaginable: Lewis Powell (also known as Lewis Paine or Lewis Payne) had made the attempt on Secretary of State Seward; David Herold had guided him there with the getaway horse, and later escaped along with Booth. They were in way past their eyeballs. George Atzerodt, the schmo who couldn’t rise to the occasion of popping Andrew Johnson, looks a bit more peripheral from the distance of a century and a half, but in the weeks following the assassination he was much too close to the action to have any hope. All received death sentences.
Two others — Michael O’Laughlen and Samuel Arnold — had been involved in Booth’s earlier scheme to kidnap the president, but didn’t seem to have much to do with the murder. Still another two — Ned Spangler and Dr. Samuel Mudd* — were lesser participants. They all received long prison sentences for their pains, and the three of them still surviving were pardoned by Andrew Johnson as he left the presidency in 1869.
That left Mary Surratt, mother of the fugitive John and the only woman in the dock, the focus of attention and controversy. The 42-year-old widow owned a downtown boardinghouse, plus a tavern of sufficient importance at a Prince George’s County, Maryland, crossroads, that its community was called Surrattsville.**
The conspirators met frequently in her lodgings; Surratt maintained her innocence beyond that, but evidence and witness testimony began to pile up heavily against her … especially when Seward assailant Lewis Powell wandered into her place looking for refuge right while the police were questioning her. Booth and Herold turned out to have made a pit stop at her Surrattsville tavern to pick up a package of guns that Mary had prepared for them.
Though Surratt’s avowal of ignorance was not widely believed, a gesture of presidential mercy was anticipated — many thought (and think) she went on trial as a virtual hostage for her absconded son, who declined to take the bait. Strangely, five members of the nine-judge panel who condemned Mary Surratt turned around and asked President Johnson for clemency. Johnson claimed never to have seen the memo, but his mind seemed pretty made up — when Surratt won a habeas corpus stay on the morning of her scheduled hanging, he promptly “specially-suspended” the writ specifically to hang her:
I, Andrew Johnson, President of the United States do hereby declare that the writ of habeas corpus had been heretofore suspended in such cases as this; and I do hereby specially-suspend this writ, and direct that you proceed to execute the order heretofore given upon the judgment of the Military Commission.
Harsh treatment, and possibly well-deserved, for the first woman executed by the U.S. government. Even so, it does seem a curious thing when all is said and done that the mother of “the nest that hatched the egg” was worth a special suspension of the Great Writ, and even the stagehand who just held Booth’s horse for him caught six years, but old Jeff Davis — who apart from having figureheaded a treasonous four-year insurrection was implicated for giving Booth’s kidnapping plot official Confederate sanction — got to retire to write his memoirs.
The Surratt houses, by the way, are still standing. The Maryland tavern is kept as the Surratt House Museum by the Surratt Society. The downtown boarding house is a Chinese restaurant … marked with a plaque remembering more momentous doings than bubble tea.
* The panel voted 5-4 to hang Mudd, a Maryland doctor who not only set the leg Booth broke when he leaped onto the stage after shooting Lincoln, but then misdirected Booth’s pursuers. However, the rules for the trial said a two-thirds majority was required for execution.
** They changed the name after the unpleasantness. Today, it’s Clinton, Maryland.
A little bit loopy, a little bit liberal, and fatally short of common sense, Ferdinand Maximilian Joseph* decamped from the easy life at his still-under-construction dream palace outside Trieste for an exalted title that really meant playing catspaw for Napoleon III‘s Mexican land grab.
Moving to secure the Mississippi, Northern forces had the Big Easy 
