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1841: The Jewboy’s Gang

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On this date in 1841, Australian bushranger Edward “Teddy the Jewboy” Davis was hanged in Sydney along with five others of his gang. The reader may guess the chief’s distinguishing demographic characteristic, and some lists mark him the only Jewish bushranger.

He’d been transported from England in 1833 at the age of about 16, for a trifling theft. “Obsessed by the idea that he had been wronged when he was transported and governed by an indomitable desire for freedom,” Davis began repeatedly escaping from his penal assignments only to be repeatedly captured.

Indefatigable as Monty Python’s Swamp Castle King, he just kept trying until he got it right.

By 1839 the young Hebrew had formed a seven-strong outlaw gang plundering New South Wales’s future wine country, the Hunter Valley. Their captain seems to have brought along from the old country the romantic conception of a cavalier-thief, as this charming account of one of their raids suggests, wherein the victim “says he was treated in the most gentlemanly manner by them, and that he never spent a happier night in his life.” The stylish marauders, we find, dressed themselves “rather gaudy, as they wore broad-rimmed Manilla hats, turned up in front with abundance of broad pink ribbons, satin neck-cloths, splendid brooches, [and] all of them had rings and watches.”

They kept by a sage policy of Davis’s to eschew deadly violence for fear of bringing down the authorities’ wrath, but they didn’t quite keep to it well enough. One of their number, John Shea, slew a man in December 1840, and a posse hunted them down the very next day, and interviewed in jail, “Davies said that he would always oppose the shedding of blood, for he knew if they once committed a murder they would not reign a week; whilst saying so he looked at the other four men,* and said, you now see we have not reigned a day.”

Edward Davis, 26, Robert Chitty, 37, James Everett, 25, John Marshall, 27, Richard Glanville, 31, and the 27-year-old Shea were hanged behind Sydney Gaol on the 16th of the following March.

The notoriety which the crimes of these men has attained drew together a large concourse of spectators to witness their execution. The entrance to the Gaol, in George-street, was besieged for admission long before the arrival, at nine o’clock, of a strong military guard from the barracks, and so great was the pressure of the crowd, that it required the unremitting exertions of Captain Innes to preserve order. At ten minutes past nine, the culprits were strongly pinioned, and conducted from the cells to the area in front of the drop, where they knelt down. Chitty, Everett, Marshall, and Glanville, were attended by the Rev. William Cowper and the Rev. John Elder. The Rev. Mr. Murphy, Catholic Priest, accompanied Shea; and Davis (being of the Jewish persuasion), was attended by Mr. Isaacs, Minister of the Jewish congregation in New South Wales. All the culprits (if we except Everett), deeply lamented their having committed the crimes for which they were about to die, and acknowledged the justice of their sentences. Everett ascended the scaffold hurriedly, and in an evident state of excitement. He was followed by Chitty, Marshall, and Glanville, all three of whom, on reaching the scaffold sung the first verse of the Morning Hymn, to be found in many editions of the book of Common Prayer, commencing “Awake my soul, and with the sun.”

This act of devotion, we have since heard was entirely spontaneous, not having been suggested, or even expected by either of the reverend gentlemen, who attended to administer the consolations of religion according to the rites of the Protestant Church. The ropes were speedily adjusted, and the white caps drawn over the faces of the wretched criminals; in the short interval which elapsed before the withdrawal of the fatal bolt, Marshall and Glanville were engaged in loud and apparently fervent prayer, and we observed the culprit Davis (who was attired in a suit of mourning), thank the Jewish Minister for the attention paid him in his last moments. The struggles of all the men were of short duration; the immense crowd dispersed peaceably. It will be remembered that these men were apprehended, chiefly through the active exertions of Mr. Day, Police Magistrate, Maitland.

* A fifth accomplice was captured a short time afterwards and joined his mates on the gallows.

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1834: James Graves, Trail of Tears precursor

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On this date in 1834, the Cherokee James Graves was hanged in Spring Place, Georgia, for murder. He’s the only person ever executed in Georgia’s Murray County.

But he was also a sad waymarker on the way to a much larger tragedy.

It happened that in 1834 the state of Georgia’s long-simmering conflict with the indigenous Cherokee nation was coming to a nasty head. In the infancy of the American Republic, it had made a pact placing the Cherokee under the protection of the United States.

By the 1820s, however, Cherokee land had been nibbled away and the white citizens of Georgia started clamoring for a proper ethnic cleansing: forcibly expelling the Cherokee to the western frontier.

The immediate territorial conflict became joined to a conflict over federal jurisdiction, because the Cherokee had their treaty with the United States (not with Georgia) and its terms were supposed to be guaranteed by Washington (not Milledgeville). As the Georgia legislature enacted laws stripping the Cherokee of land and self-rule, the Cherokee appealed in federal courts.

The Cherokee notched a major win in the 1832 Worcester v. Georgia, when the U.S. Supreme Court held that Indian affairs were the domain of the federal government and individual states had nothing to say in the matter.

But to give a sense of where the wind was blowing, this is the very decision about which U.S. President (and notorious Indian-killer) Andrew Jackson is supposed to have remarked, “John Marshall has made his decision; now let him enforce it.” The quote itself is probably apocryphal but the atmosphere of lawless confrontation was very real indeed.

James Graves was convicted by a Georgia jury in September 1834 of murdering a white man several years prior on Indian land … or rather, on what Georgia said was now no longer Indian land.

The Supreme Court directed Georgia to stay the hanging and appear at a January 1835 hearing.

Governor William Lumpkin* would have none of it. Grandstanding in a communique to an all but universally supportive legislature, he vowed to ignore the court’s order.

Any attempt to infringe the evident rights of the State, to govern its entire population, of whatever complexion, and punish all offences committed against its laws within those limits … I consider a direct usurpation of power. … Such attempts demand the determined resistance of the States … I shall wholly disregard all such unconstitutional requisitions, of whatever character or origin, and, to the utmost of my power, protect and defend the rights of the State, and use the means afforded me to maintain the laws and Constitution of the same. (Nov. 7, 1834)

Two weeks later, Georgia hung James Graves, stay or no stay. There would be no hearing in Washington that January.

“What is to be done with Georgia?” lamented the Nantucket Inquirer (Dec. 13, 1834). “Will another presidential proclamation, full of big words and bombastic threats, be issued against her, for having nullified the U.S. claim of sovereignty over the Indians, and for having hanged the copper-skinned citizen Graves, in defiance of the interdict of one of Gen. Jackson’s judges?”

They already knew the answer: “O, no! — Why? Van Buren counts upon the vote of Georgia at the next presidential election!” (Van Buren did not in fact carry Georgia.)

In 1835, the U.S. foisted a dubious new treaty on the Cherokee by getting a minority faction to sign off on Indian removal, and shortly thereafter forced the Cherokee west on the Trail of Tears.

* Lumpkin County, Georgia is named for him. That’s not too shabby, but he almost hit big-time when the city of Terminus proposed to rename itself Lumpkin. Lumpkin declined and the city is today known as Atlanta.

** Georgia conducted another execution, that of George Tassels, under similarly contested circumstances a few years before Graves.

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