MENS REA (Guilty Mind)
“Unto my son…my gun in my chest, my best horse and choice of my Negroes.”- William Weller, Shawangunk
How important is D.N.A.? All you have to do is look at Presidential candidate Elizabeth Warren’s debacle surrounding her claim to Native American ancestry to realize what a small component it really is when it comes to climbing a family tree. Tribes that one would think were based primarily on blood lineage, were anything but. The Mohawk castles, Creek and Cherokee clans were more akin to mixed-up, diverse, villages than either the whites, or Indians cared to admit. Decimation from years of warfare and disease led to the common practice of kidnapping, and forced assimilation of white, black, and Indian enemy captives in the eastern tribes. This obviously diluted the so-called “purity” of blood lines, which strengthened the clans and tribes with multi-ethnic diversity of friends, and enemies alike. D.N.A. proves absolutely nothing.
Both free blacks and escaped slaves came up against the problematic slave practices of the Indians as well— especially in the south. Susceptible to the alien prototype on all levels, reflecting, and hoping to attain the higher social status of the neighboring white slave owners, the Indians adapted the specific racial subjugation of Africans, over their white captives. Paradoxically the tribes also incorporated some blacks (but no whites) into tribal society, as equals, (or even leaders) while subjecting others to a lifetime of slavery. Witham Marshe notes in his journal, watching a chief, “black as blot,” Tachanuntie (the Black Prince), riding into Lancaster in the 1740’s. It was the luck of the draw for captives. Some tribes, (just like in white society) were far more racist than others. Full Indian citizenship and post Civil War benefits, wouldn’t be granted to many African-Native Americans in the southern U.S. until six years after the emancipation proclamation had freed the white man’s slaves. Nobody gets away clean.
The Goshen gaol had become the metaphorical version of Joseph Brant distracting Gabriel Wisner with small talk, as that ordained tomahawk hovered over his head. Everyone had calmed down, resigned to their respective fates; everyone, except Hannah Teed. The only participant in the “murder for hire“ conspiracy not condemned to die was a mess. Set to be released on April 9th, just in time to witness the hanging of her brother, lover, neighbor, and husband, Hannah could no longer control her emotions. The Sheriff’s wife was on full suicide alert, hoping the depressed Hannah wouldn’t do anything stupid.
Back in Albany the wheels were still in motion. Clinton’s Democrat/Republicans and Van Buren’s Bucktail/Regency had squared off on the debate over the fates of these condemned men, and had become deadlocked. The now, greatly politicized bill, with only Jack’s pardon attached, seemed unlikely to pass— dead in the water. The mood in the halls of the Assembly favored not doing anything to rock the boat, and let all the hangings go on. Dewitt Clinton was less and less confident that even Hodges could be spared. When Henry G. Wisner, now running through the statehouse corridors, got word that a revised version of the pardons, including Conklin, had been received by the House, he was encouraged; but privately held out little hope. Adding Conklin to the bill gave Jack Hodges a better chance at reprieve, than singling out the one “black man” for the only pardon. The members of the House again added James Teed to this new version, approved the entire bill by a vote of 53 to 46, and again, sent it back to the Senate for approval. There was no mention of David Dunning.
On a whim, the New York Assembly could squelch the entire deal, and let all the men go to the gallows; or dramatically save the lives of all four men at the gallows steps. It was anyone’s guess which way they would swing. There was a faction in Albany who would like nothing better than to see the downstaters embarrassed, and held up to public ridicule, after putting on their mass hanging. Goshen had once been considered for the state capitol, after Kingston was burned by the British, but was quickly disregarded as being too far from the river, a hidden clove, out in the sticks. In Atty. Gen. Martin Van Buren’s estimation, a refusal to pardon any of the condemned sent a powerful message to the “rabble,” as well as the privileged Irish families of Goshen and Little Britain. This was ex-Canal Commisioner DeWitt Clinton’s hometown, and the Dutch Little Magician didn’t like the implications of being out played by an Irishman, using his own tactics of cronyism, and string pulling. The Bucktails in Albany felt the four death sentences should stand as pronounced.
The next morning the New York legislature convened for their last session on this bill. The 42nd New York Legislature had been in session since January 5th and would end on April 13th. The politicians were ready to clear the decks and get home. First on the Senate docket was the bill to pardon Jack Hodges, James Teed and David Conklin of the murder of Richard Jennings, and let David Dunning hang alone. By this time the Senators were all too familiar with the case and all the subtleties involved. They grudgingly agreed that the state’s witness in the conspiracy, Jack Hodges, deserved to be pardoned, or at least have his sentence commuted from “death” to life in prison. But as for the rest? Nobody could agree. Even the Clintonians were mixed in their opinions. The execution date was rapidly approaching and the Senators knew they had to make a decision soon, or just let all the white men hang. Upon revision, the name of James Teed was suddenly stricken from the pardon, for the final time (Freemason or not). The Senate rushed to approve the bill to pardon to Jack Hodges (black man) and the rich white farmer David Conklin, in the conspiracy to murder Richard Jennings. Two men, James Teed and David Dunning would represent the entire murder conspiracy. Stratification of the meritocracy be damned! The State would hang them side by side. So say one. So say all.
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