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1788: Levi and Abraham Doan, attainted Tories

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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.

** To revolutionary patriots, Quakers looked a rather suspiciously British-friendly bunch.

† 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.

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1660: Mary Dyer, Quaker

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Mary Dyer was hanged in Boston on this date in 1660 — the most famous of that city’s four “Quaker martyrs”.

Monument in Boston to Mary Dyer as “witness for religious freedom”. (cc) image by Andrea Schwartz.

By the time of her last ordeal, Dyer already had a quarter century-old reputation for religious misbehavior in the New World.

She’d ditched England with her husband in 1635, part of that decade’s great outmigration of Puritan dissidents — “A Comely Grave Woman, and of a goodly Personage, and one of a good Report, having a husband of an Estate, fearing the Lord, and a Mother of Children,” according to an admiring account. Opinions varied: the colony’s governor found her “very censorious and troublesome, (she being of a very proud spirit, and much addicted to revelations).”

She brought with her a proclivity for the heretical: in Massachusetts, where the Puritan majority delivered the persecuting, Mary quickly fell foul of right-thinking folk by backing Anne Hutchinson in a theological controversy.* When Hutchinson was convicted by a church trial and banished, Mary Dyer cinematically walked hand-in-hand with her out of church. On top of everything else, she was known to have stillborne a deformed monstrosity (“a woman, a fish, a bird, & a beast all woven together”) which was the kind of thing these people understood as deadly serious.

Mary and her husband went to exile with Hutchinson, and were among the first English settlers of Rhode Island, before returning to spend most of the 1650s back in England. There, Mary Dyer converted to one of the new entrants to the Commonwealth’s welter of novel sects, Quakerism.

This new faith’s emphasis on egalitarian personal religious experience ungoverned by ordained clergymen met an instant ban once Massachusetts caught wind of it, with a statute imposing mutilated tongues and trips to the pillory for expounding the outlaw doctrine. To these would be added the threat of the gallows for repeat offenders with the temerity to return from banishment … and Mary Dyer is only the most famous of four Quakers who actually suffered this penalty.


The Heart of N-England Rent at the Blasphemies of the Present Generation: Boston Rev. John Norton‘s 1659 anti-Quaker tract advocates their execution.

Dyer’s defiance of the law was straightforward, keeping with the bold tradition of martyrdom in witness. Jailed in Boston in 1657, her husband (who had not yet followed his wife’s conversion) managed to arrange her release; she returned in 1659 to visit other imprisoned Quakers and they were all banished for their trouble. Shortly after, she returned to Boston with William Robinson and Marmaduke Stevenson: these were the first two Quakers put to death by the Puritans, but Mary Dyer was spared at the foot of the gallows and again expelled, finding temporary refuge in Rhode Island.

Edward Burrough’s A Declaration of the Sad and Great Persecution and Martyrdom of the People of God, called Quakers, in New-England, for the Worshipping of God, which also catalogues the many brutal punishments inflicted on Quakers up until 1661, preserves an account of Mary’s final return to Boston in May 1660 and her immediate arrest for same: it was enough for her to acknowledge her identity to reinstate her former sentence.

“I came in Obedience to the Will of God the last General Court, desiring you to Repeal your unrighteous Lawes of Banishment upon pain of Death; and that same is my work now, and earnest Request,” she told the court that doomed her. “If ye refused to Repeal them, the Lord will send others of his Servants to Witness against them.”

The very next day, she was drummed — to prevent her preaching — on a mile-long walk a gallows on Boston Common. This time there was no reprieve waiting: only immortality.

* This controversy drove the short-term governor Henry Vane back to England, and martyrdom during the interregnum.

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1655: Jane Hopkins, Bermuda’s last known witch execution

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The last known witchcraft execution in Bermuda history occurred on this date in 1655.

The isolated English colony was at this period laboring under social crisis, or a set of crises. It had been declared in rebellion by Cromwell‘s parliament for taking too-vigorous umbrage at King Charles‘s execution. Its official C of E ministers were being challenged by breakaway independents of various stripes of Puritanism. The tobacco crop blew away one year. And it may have had a perilous gender imbalance (too many women, too few men: Bermuda definitely did have this problem in the 18th century). (Source for this whole paragraph) Perhaps it’s no surprise that its Puritan governor* would oversee a spasm of witch persecutions from 1651 to 1655.

Jane Hopkins and another woman named Elizabeth Page were both stuck in the dock on this occasion. They’d recently arrived on the Mayflower** and the captain “did vehemently suspect them to be witches,” seemingly on account of their traveling sans male.

Page bewitched the ship’s helm according to a witness who beheld her run “her finger over the compas, And yt ran round from North to South, And turned backe againe.” That’s pretty impressively infernal, but here in the 17th century they knew to look for some hard forensic evidence … so a group of matrons in Bermuda was empaneled to feel Elizabeth Page up in search of a witch’s teat. Much to the woman’s good fortune, she possessed “not any marke or spotts or signes … only something more than ordinary (in a certain place).” She was accordingly acquitted.

Jane Hopkins’ body was not so ordinary.

The eyewitness testimony against her was a fellow-passenger to whom Hopkins sighed that she wished God would send some sign clearing up all these suspicions of devilry. A rat — ubiquitous in seafaring life, mind you — promptly appeared. To add to this damning divine indictment, a peeping tom on the ship watching her dress had noticed some sort of mark on her shoulder.

Sure enough, Hopkins’s gropers discerned “in her mouth a suspicitious marke and under her arme she hath a dugge or Teat, And upon her shoulder a wart, and upon her necke another wart … all these were insensible when they were prickt.” With this sort of slam-dunk evidence, the jurymen could hardly do otherwise than agree that Hopkins “hath felonously and wickedly consulted and covenanted with the Devil & him hath suckled and fedd contrary to nature & the law of God and man, as doth appeare by markes & signes upon her body.” (The full trial records can be perused here)

It’s not absolutely certain that Jane Hopkins was the last person executed in Bermuda for witchcraft. There were several additional witch prosecutions to follow in the 17th century: some ended in acquittal, others in conviction. There was even at least one more death sentence, but that hanging was stayed and the final disposition of the case is unknown.

* Governor Josiah Forster’s legacy for the isles — other than hanging witches — was the “Forster Chair” made in his honor.

** Not the same ship as the Mayflower of Plymouth Colony fame.

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1828: Joseph Hunton, forger

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On this date in 1828, Quaker forger Joseph Hunton was hanged at Newgate Prison.

The very model of petit bourgeois hustle, Hunton was a versatile businessman who variously engaged in slop-selling, linen-draping, sugar-baking, and warehousing, before turning his craft to that most lucrative of all trades, money-minting.

Hunton circulated bills of exchange fraudulently drawn on dead people, and easily traced back to his hand. Ever the assiduous merchant, Hunton was arrested trying to flee England — with a letter in his pocket to post for the Times correcting that paper’s inflated account of his graft to a more modest figure.

Since the reputation that preceded him was otherwise a good one, and since executions for white-collar crime suffered declining popularity, Hunton had “every reason to expect that the mercy of the Crown will be extended to the unhappy object of public commiseration.” (The London Times, Nov. 21, 1828, evidently an error-prone source on the subject of J. Hunton.) Even Nathan Mayer Rothschild, one of the founders of that family’s banking empire, signed a petition for Hunton along with other eminences of the London financial district. This sentiment, the Times observed (Dec. 6, 1828)

proves sufficiently that in the opinion of the commercial public, fraud is not an appropriate subject for capital punishment … The human heart, we say, in the 19th century, revolts at such a retribution for such a transgression … [which] flies in the face of those feelings which attest, because they go far to constitute, the advancement of mankind in civilization and humanity. The penalty of death was enacted for the sake of the monied interest,–the monied interest, by this petition, loudly proclaim that they deem the penalty unnecessary!

Little wonder the Newgate Calendar noticed “a very general belief … that a respite would most certainly arrive for him even so late as on the morning fixed for his death. His safety was considered almost certain, and many were scarcely persuaded that he would really suffer even at the moment when the fatal cord encompassed his neck.”

But it was not so.


Some things never change.

Though 1828 is many decades before England developed its exacting “drop tables” calculating the precise length of rope meant to hang a fellow of a given stature, the accounts of Hunton’s hanging are at pains to note that, because Hunton himself was so short, his rope was made longer than that of the three unconnected fellow-convicts who hanged with him. Table or no, the executioner knew his craft: Hunton died instantly, or appeared to.

(Another Quaker once an intimate of Hunton later became notable gallows fodder himself, John Tawell. Tawell was the first criminal captured with use of the telegraph.)

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1659: The first two Boston Martyrs

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October 27 is International Religious Freedom Day, dating to the execution this date in 1659 of Quakers Marmaduke Stephenson and William Robinson on Boston Commons. They were two of the four Boston Martyrs, Quakers whose necks were stretched in Massachusetts for failing to either keep quiet or stay out of town.

(Fellow Quaker Mary Dyer, perhaps the more famous martyr, was led out to execution with Stephenson and Robinson but reprieved at the last moment. Her time was still some months away.)

As Puritans had fled C-of-E persecution earlier in the 17th century, Quakers migrated to the New World with Cromwell‘s Puritan ascendancy.

And in the Massachusetts Bay Colony, the old dissidence had become the new orthodoxy — as described by the (obviously partisan) Horatio Rogers. (Via)

In June, 1659, William Robinson, a merchant of London, and Marmaduke Stephenson, a countryman of the east pan of Yorkshire, “were moved by the Lord,” in Quaker phrase, to go from Rhode Island to Massachusetts to bear witness against the persecuting spirit existing there; and with them went Nicholas Davis of Plymouth Colony, and Patience Scott of Providence, Rhode Island, a girl of about eleven years of age … During their incarceration Mary Dyer was moved of the Lord to go from Rhode Island to visit the prisoners, and she too was arrested and imprisoned. On September 12, 1659, the Court banished the four adults from Massachusetts upon pain of death

… On October 8, within thirty days of her banishment, Mary Dyer with other Rhode Island Quakers went to Boston, …where she was again arrested and held for the action of the authorities. Five days later William Robinson and Marmaduke Stephenson, who had been travelling about spreading their doctrines through Massachusetts and Rhode Island since their release from prison, also went to Boston to look the bloody laws in the face, in the words of the Quaker chronicler; and they too were arrested and cast into prison. …

The issue was now clearly made between Quaker and Puritan. The Quaker defied the unjust Puritan laws, and dared martyrdom. Dare the Puritan authorities inflict it?

On October 19 the three prisoners were brought before Governor Endicott and the Assistants, and demand having been made of them — Why they came again into that jurisdiction after having been banished from it upon pain of death if they returned? — they severally declared that the cause of their coming was of the Lord and in obedience to him. The next day they were again brought before the magistrates, when the Governor called to the keeper of the prison to pull off their hats, which having been done, he addressed them substantially as follows: “We have made many laws and endeavored in several ways to keep you from among us, but neither whipping nor imprisonment, nor cutting off ears, nor banishment upon pain of death, will keep you from among us. We desire not your death.” Notwithstanding which, he immediately added: “Hearken now to your sentence of death.” … When the Governor ceased speaking, however, Stephenson lifted up his voice in this wise: “Give ear, ye magistrates, and all who are guilty, for this the Lord hath said concerning you, who will perform this promise upon you, that the same day that you put his servants to death shall the day of your visitation pass over your heads, and you shall be cursed forevermore, the Lord of Hosts hath spoken it; therefore in love to you all take warning before it be too late, that so the curse might be removed; for assuredly if you put us to death, you will bring innocent blood upon your own heads, and swift destruction will come upon you.” …

Great influence was brought to bear to prevent the execution of the sentences. Governor Winthrop of Connecticut appeared before the Massachusetts authorities, urging that the condemned be not put to death. He said that he would beg it of them on his bare knees that they would not do it. … Governor Endicott, the Rev. John Wilson, and the whole pack of persecutors, however, seemed to thirst for blood; and it was determined that somebody must die.

The 27th of October, 1659, was fixed for the triple execution and elaborate preparations, for those days, were made for it. Popular excitement ran high, and the people resorted to the prison windows to hold communication with the condemned, so male prisoners were put in irons, and a force was detailed, in words of the order, “to watch with great care the towne, especially the prison.”…

The eventful day having arrived, Captain Oliver and his military guard attended to receive the prisoners. The marshal and the jailer brought them forth, the men from the jail, and Mary Dyer from the House of Correction. They parted from their friends at the prison full of joy, thanking the Lord that he accounted them worthy to suffer for his name and had kept them faithful to the end. The condemned came forth hand in hand, Mary Dyer between the other two, and when the marshal asked, “Whether she was not ashamed to walk hand in hand between two young men,” for her companions were much younger than she, she replied, “It is an hour of the greatest joy I can enjoy in this world. No eye can see, no ear can hear, no tongue can speak, no heart can understand, the sweet incomes and refreshings of the spirit of the Lord which now I enjoy.” The concourse of people was immense, the guard was strong and strict, and when the prisoners sought to speak the drums were caused to be beaten.

The method of execution was extremely simple in those days. A great elm upon Boston Common constituted the gallows. The halter having been adjusted round the prisoner’s neck, he was forced to ascend a ladder affording an approach to the limb to be used for the fatal purpose, to which limb the other end of the halter was attached. Then the ladder was pulled away, and the execution, though rude, was complete.

The prisoners took a tender leave of one another, and William Robinson, who was the first to suffer, said, as he was about to be turned off by the executioner, ‘I suffer for Christ, in whom I lived, and for whom I will die.” Marmaduke Stephenson came next, and, being on the ladder, he said to the people, “Be it known unto all this day, that we suffer not as evil-doers, but for conscience sake.”

Next came Mary Dyer’s turn. Expecting immediate death, she had been forced to wait at the foot of the fatal tree, with a rope about her neck, and witness the violent taking off of her friends. With their lifeless bodies hanging before her, she was made ready to be suspended beside them. Her arms and legs were bound, and her skirts secured about her feet; her face was covered with a handkerchief which the Rev. Mr. Wilson, who had been her pastor when she lived in Boston, had loaned the hangman. And there, made ready for death, with the halter round her neck, she stood upon the fatal ladder in calm serenity, expecting to die….

Just then an order for a reprieve, upon the petition of her son all unknown to her, arrives. The halter is loosed from her neck and she is unbound and told to come down the ladder. She neither answered nor moved. In the words of the Quaker chronicler, “she was waiting on the Lord to know his pleasure in so sudden a change, having given herself up to dye.” The people cried, “Pull her down.” So earnest were they that she tried to prevail upon them to wait a little whilst she might consider and know of the Lord what to do. The people were pulling her and the ladder down together, when they were stopped, and the marshal took her down in his arms, and she was carried back to prison. . .

It was a mere prearranged scheme, for before she set forth from the prison it had been determined that she was not to be executed, as shown by the reprieve itself, which reads as follows: “Whereas Mary Dyer is condemned by the Generall Court to be executed for hir offences, on the petition of William Dier, hir sonne, it is ordered that the sajd Mary Dyer shall have liberty for forty-eight howers after this day to depart out of this jurisdiction, after which time, being found therein, she is forthwith to be executed, and in the meane time that she be kept a close prisoner till hir sonne or some other be ready to carry hir away within the aforesajd tyme; and it is further ordered, that she shall he carrjed to the place of execution, and there to stand upon the gallowes, with a rope about her necke, till the rest be executed, and then to returne to the prison and remajne as aforesaid.“

Mary Dyer once again returned from exile the following year, and was hanged in June 1660.

The hours were numbered, however, for New England Puritans in their most cartoonishly obnoxious form. Upon the restoration of the monarchy in the mother country, an edict forbidding the death penalty for Quakerism closed the doors to the Boston Martyrs club.

An Account of the Sufferings of Marmaduke Stephenson is available free on Google books.

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1845: John Tawell, the man in the Kwaker garb

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On this date in 1845, John Tawell was publicly hanged in Aylesbury (while broadsheets were hawked beneath the scaffold to the crowd of thousands) for the murder of his mistress — making history as the first criminal apprehended with the use of the telegraph.

Tawell had had an interesting 60-plus years on the planet. He did well as a young banker on the make to avoid the halter for the capital crime of forging banknotes.*

In those sanguinary days of our penal code, this crime, if brought home, would have led to his certain condemntion and ignominious execution as a felon. The particulars of the affair were, however, suppressed as far as possible, on account of the insuperable disinclination of the bankers to be in any way instrumental in taking away human life.**

Clapped in irons and sent to Australia, he waxed wealthy — “by his fortunate, and, it is to be presumed, honest trading,” our wry biography remarks. (As a pharmacist. That’s what we in the biz call “foreshadowing.”)

Tawell returned to England in 1831, got Sarah Hart as a bit on the side (she’d initially been hired to nurse Tawell’s dying wife), and then married a respectable Quaker woman. To conceal the affair — or perhaps because the payola Tawell was obliged to send for the maintenance of his mistress and the kids he begat with her was chewing into his straitened finances — Tawell poisoned Hart on New Year’s Day 1845.

Unfortunately for him, he was noticed leaving the scene of the crime by a neighbor, who found the victim before she had even expired.

Tawell had hopped a slow train for London ahead of apprehension, but it transpired that the station had installed the newfangled telecommunications device, the telegraph, which was requisitioned to dispatch to Paddington station a famous missive.

A murder had just been committed at Salt Hill and the suspected murderer was seen to take a first class ticket to London by the train that left Slough at 7.42pm. He is in the garb of a Kwaker with a brown great coat on which reaches his feet. He is in the last compartment of the second first-class carriage.

(The telegraph didn’t have a “Q”, so they had to improvise a phonetic spelling. k l8r.)

(This landmark police event is not to be confused with the first use of wireless telegraphy to apprehend a criminal — the next century’s very similar philandering-apothecary-on-the-lam case of Dr. Crippen.)

Caught, convicted,† condemned. (And confessed, secretly, to the prison chaplain.) The usual. Botched strangulation hanging. Hardly unusual. Love triangle murder? Downright trite.

But still: Tawell’s strange and variegated life left a strange and variegated legacy. (pdf)

In Australia, the memory of Tawell lingered for many years after his death because considerable legal argument took place about the validity of the Crown’s hndling of his property there. The Governor, Sir William Denison, affixed the Great Seal of the colony to the grant documents on his own initiative, which creted a serious difference between him and his chief minister. Known as the “Great Seal case”, it dragged on for some 16 years before it was resolved. It provided a dramatic epilogue to Tawell’s activities.

John Tawell had pharmacy qualifications of a sort, and he was no better or worse than many of the doctors around Sydney at the time who had received no regular professional instruction. When Tawell ventured into competition with the medical establishment in the colony it was a huge gamble because until 1820 many government doctors saw private patients and had clerks to do their dispensing, usually from hospital stores. He showed that independent pharmacy could thrive away from the medical shadow, but the commercial nature of his success also showed that the founding of independent pharmacy in Australia occurred as a retailing activity rather than as a needed profession.

* As a teen, Tawell was friends with a Quaker linen-draper who was himself ultimately executed for forgery, Joseph Hunton.

** This claim for bankers’ gentility is advanced in the context of the story of a banker who in fact went on to commit murder. Aside from that obvious paradox, it will come as no surprise to any denizen of the post-bailout neoliberal era that bankers proved more than ready to involve themselves in human misery, sufficiently remunerative. If Tawell’s sweetheart plea bargain reveals anything about the financier class, it’s that bankers aren’t keen on precedents for taking away bankers’ lives.

† John Tawell’s trial lawyer, the eminent jurist and politician Sir Fitzroy Kelly, disputed the coroner’s poisoning conclusion by arguing that Sarah Hart might have just eaten too many apple seeds. (Prussic acid, aka hydrogen cyanide, does occur naturally in many fruits.)

This attempted Chewbacca defense earned the barrister the nickname “Apple-pip Kelly”. However, since the cutting-edge technology of the day was only telegraph and not Twitter, the case does not appear to have launched any of Apple-pip Kelly’s progeny into lucratively pointless careers as famous-for-being-famous socialites.

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1780: David Dawson and Ralph Morden, Quaker “traitors”

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On this date in 1780, two unconnected Quakers were hanged for two unconnected treason convictions in two different cities in Pennsylvania.

The public executions of Ralph Morden in Easton, Pa., and David Dawson in Philadelphia (in a double hanging along with counterfeiter Richard Chamberlain) had the unusual distinction of being treason convictions against the state of Pennsylvania during the Revolutionary War, rather than against any sort of federal entity.

According to the Espy File of American executions, there were only 15 people put to death for treason* during the Revolutionary War. It’s a remarkably low figure under the circumstances — separatist colonial conflict that often pitted revolutionary neighbor against loyalist neighbor.

Morden, a Quaker who kept his head down during the war, agreed to guide one Robert Land, a Tory who needed to slip past Continental sentries, and of course didn’t make it. His case is summarized here, here and here.**

Less is readily available about Dawson, but a fellow-prisoner (and fellow-Quaker) left an account remembering that he and the counterfeiter Chamberlain

were taken out amidst a crowd of spectators — they walked after a cart in which were two coffins and a ladder, etc., each had a rope about his neck and their arms tied behin [sic] them … they were both hanged in the commons of this city abt. 1 o’clock.

This prisoner, Samuel Rowland Fisher, kept a two-year journal (pdf) of his imprisonment in Philadelphia for Tory sympathies, and as one might imagine paints an unflattering picture of the revolutionary “State as they call it.” In his view, Dawson’s hanging was a

greater act of Cruelty in the present Rulers than anything they have heretofore done, for they never gave him even a shadow of a tryal in their own fashion & they have executed him merely as what they call a proscribed person because he came into the City while the Brittish Army lay here, the circumstances of which was, that he was coming from his abode with his Waggon, that being in danger of his life from some of Washington’s Men he fled into the City & left & lost his Wagon, Horses, provisions &c — He never acted in any manner under Brittish, nor had he taken the Test to the present Usurpers, he did not go with the Brittish Army to New York, but had secreted himself in various places till he was betrayed by Jamed Reed last Spring & taken prisoner

Quaker Notes

Quakers who stuck by the sect’s pacifist teachings had a tough go of the American Revolution, often lumped in as Tories by patriots and subject to spasms of popular abuse, official writs confiscating their property, and other indignities from those who considered them “the unfriendly Quakers … notoriously disaffected to the cause of American Liberty.”† That same prejudice occasionally exposed Quakers to the severest punishments for perceived crimes.

Thus Morden, who presumably helped the British agent as a personal gesture of assistance, an everyday “crime” for which hanging was an extreme stricture: one hundred Continental dollars from Chamberlain’s press to the reader who can demonstrate that this was one of the 15 most treasonable acts committed behind American lines. But confronted with the request in a time of war, what was the neutral, pacifist choice?

“A man was hanged this morning,” one British officer’s diary recorded, “for piloting some people through the back woods, to the Indians. He was very old and left a wife and 9 children. His death was chiefly owing to his being a noted friend of Government.” (Cited by John Coleman in “The Treason of Ralph Morden and Robert Land,” The Pennsylvania Magazine of History and Biography, Oct. 1955)

Dawson, meanwhile, had worked for the British during the city’s recent occupation by General William Howe and was one of many so-called Loyalists “attainted of High Treason” and stripped of property by the state. Still, the British had been gone more than two years by the time he hanged.

Egged by Benedict

What might have upgraded Dawson’s sentence to a capital one was having the bad sense to be apprehended around the same time news arrived that Benedict Arnold had betrayed the Revolutionary cause two months before this date.

Arnold had recently been stationed in Philadelphia, and there controversially married into a Tory family. The betrayal he wrought thereafter was keenly felt in the cradle of liberty, and Arnold’s

effigy was paraded through the streets and hanged, his wife was ordered to leave the city within fourteen days, and his estate was confiscated. Still more rigorous proceedings were instituted against the tories and Quakers, one of whom [Dawson -ed.] was convicted of high treason and hanged. (Source.)

Discipline and Punish

Since we are students of the morbid here, let us also pause to notice the strikingly throwback nature of the punishment — not merely the fact that the Dawson-Chamberlain hanging was public, but that they were so theatrically marched to it, with ropes drawn about necks like the false Martin Guerre.

Not only did the treason conviction belong to a pre-American jurisprudence — against the state, yes, but also of a broader British conception of treason that the still-to-come U.S. Constitution would sharply curtail — but the resulting sentence is sharply at odds with Pennsylvania’s historical image as a a haven of penal reform.

Before the decade was out, the Keystone State would establish itself as an international epicenter of the movement away from harsh and (to us) primitive-sounding judicial sanctions, reconceptualizing punishment into the ordered prison system still familiar today. Pennsylvania abolished the death penalty for all crimes but murder by the turn of the century (it had made liberal use of the rope to punish crimes like burglary before that), and even murder hangings were not frequent.

Quakers, and Quaker philosophy, were instrumental in the shift.

If the thought that led to that sea change came from a deeper place, it may yet have been informed by the episodic recent history of the revolution: according to Gail Stuart Rowe’s Embattled Bench, there were around 700 indictments and attainders for treason or misprision of treason in Pennsylvania throughout the American Revolution, and these resulted in only four hangings.

All four of the hanged were Quakers.

* The Espy file is an outstanding resource, with the intent to document every execution that took place in what is now the United States since its colonial antecedents. However, it is not necessarily reliable that it actually does this, so the precise figure of 15 should not be depended upon too greatly.

** Land himself managed to escape from the ambush, leaving only Morden to face the music. The interest in his fate seems to come from genealogists; according to this site, Charles Lindbergh numbered among his descendants — bringing us to another century’s death penalty.

† That was George Washington, cited in George Washington and Slavery. However, according to this listing of famous Quakers, other notable patriots like revolutionary Gen. Nathanael Greene, flag-stitcher Betsy Ross and polemicist Thomas Paine were Quakers, too.

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