On the day after Christmas, 38 Dakota men were hanged in the largest mass-hanging in U.S. history. The execution was approved by President Abraham Lincoln.
The hangings were the result of conflict between the Dakota and settlers.
Mark Charles, Washington correspondent for Native News Online writes:
In the fall of 1862, after the United States failed to meet its treaty obligations with the Dakota people, several Dakota warriors raided an American settlement, killed 5 settlers and stole some food. This began a period of armed conflict between some of the Dakota people, the settlers, and the US Military. After more than a month, several hundred of the Dakota warriors surrendered and the rest fled north to what is now Canada. Those who surrendered were quickly tried in military tribunals, and 303 of them were condemned to death.
The trials of the Dakota were conducted unfairly in a variety of ways. The evidence was sparse, the tribunal was biased, the defendants were unrepresented in unfamiliar proceedings conducted in a foreign language, and authority for convening the tribunal was lacking. More fundamentally, neither the Military Commission nor the reviewing authorities recognized that they were dealing with the aftermath of a war fought with a sovereign nation and that the men who surrendered were entitled to treatment in accordance with that status.” (Carol Chomsky)
Because these were military trials, the executions had to be ordered by the President Abraham Lincoln.
Three hundred and three deaths seemed too genocidal for President Lincoln. But he didn’t order retrials, even though it has been argued that the trials which took place were a legal sham. Instead he simply modified the criteria of what charges warranted a death sentence. Under his new criteria, only 2 of the Dakota warriors were sentenced to die. That small number seemed too lenient, and President Lincoln was concerned about an uprising by his white American settlers in that area. So for a second time, instead of ordering retrials he merely changed the criteria of what warranted a death sentence.\Ultimately, 39 Dakota men were sentenced to die.
And on December 26, 1862, by order of President Lincoln, and with nearly 4,000 white American settlers looking on, the largest mass execution in the history of the United States took place. The hanging of the Dakota 38.