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Many eighteenth-century theorists of common law attributed its legitimacy in part to its connection to a particular location and history. However, as Britain incorporated Scotland and expanded its imperial reach abroad, British governors often attempted to carry common-law practices to new locations. In his fiction and nonfiction, Sir Walter Scott advocates maintaining Scotland’s common-law system but worries that the very cultural and legal distinctiveness he demands for Scotland prevents Scots from receiving justice under British law. Portraying the consequences of the Norman conquest in Ivanhoe (1819) and internal and external colonialism in Chronicles of the Canongate (1827), Scott demonstrates the difficulties of reconciling the role of custom in common law’s legitimacy with a centralizing imperial state. In both works, the victors’ biases toward their own law mean that history and historical fiction no longer suture past and present, and that law imposes tragedy as well as order.
In The Slave, Grace (1827), William Scott, Lord Stowell, Chief Justice of the High Court of Admiralty, ruled that although Grace James, an enslaved Antiguan woman, had been free during her 1822–23 residence in England with the family she served, she reverted to her enslaved status after returning to Antigua. This chapter examines James’s efforts to obtain her freedom by surrendering herself to Antigua customs officers as contraband under the slave trade abolition statutes. It considers how her claims were contested in the Antigua courts and supported by abolitionist lawyers in London. The chapter also shows how satirical newspaper editorials in response to Stowell’s ruling undermined the legitimacy of slavery. It concludes by examining how Mary Prince, who was effectively exiled in London by Stowell’s ruling, likewise used satire and knowing irony in The History of Mary Prince (1831) to expose the inconsistencies and contradictions of the law of slavery and freedom in the British Empire.
In the first book-length study of the imperial history of extradition in Hong Kong, Ivan Lee shows how British judges, lawyers, and officials navigated the nature of extradition, debated its legalities, and distinguished it over time from other modalities of criminal jurisdiction – including deportation, rendition, and trial and punishment under territorial and extraterritorial laws. These complex debates were rooted in the contested legal status of Chinese subjects under the Opium War treaties of 1842–43. They also intersected wider shifts and tensions in British ideas of territorial sovereignty, criminal justice and procedure, and the legal rights and liabilities of British subjects and alien persons in British territory. By the 1870s, a new area of imperial law emerged as Britain incorporated a frontier colony into an increasingly territorial and legally homogenous empire. This important perspective revises our understanding of the legal origins of colonial Hong Kong and British imperialism in China.
This article looks at military history through a social lens, focusing on the identity and experiences of the Irish Catholics recruited for service in the British army during the American Revolution, a conflict which occurred before Catholics were legally permitted to serve, but during which significant numbers were recruited nonetheless. Using Irish Catholic recruitment and subsequent service in the 46th Regiment of Foot as a case study, this article will discuss the integration of this group into a regular regiment on the British establishment, arguing that despite contemporary anxieties to the contrary, the incorporation of Irish Catholics into the British army happened smoothly and without negative impact on regimental cohesion and discipline. They became well-integrated, and while their loyalty to the British state can never be definitively proven, they certainly became effective participants in its army and empire. This provides a compelling viewpoint from which to discuss the integration of ‘others’ into Britishness and the imperial apparatus during this period.
The violence of colonial wars between 1890 and 1914 is often thought to have been uniquely shaped by the nature of each of the European empires. This book argues instead that these wars' extreme violence was part of a shared 'Colonial Way of War'. Through detailed study of British, German and Dutch colonial wars, Tom Menger reveals the transimperial connectivity of fin-de-siècle colonial violence, including practices of scorched earth and extermination, such as the Herero Genocide (1904-1908). He explores how shared thought and practices arose from exchanges and transfers between actors of different empires, both Europeans and non-Europeans. These transfers can be traced in military manuals and other literature, but most notably in the transimperial mobility of military attachés, regular soldiers, settlers or 'adventurers'. Pioneering in its scope, Menger's work re-thinks the supposed exceptionality of standout cases of colonial violence, and more broadly challenges conceptions we have of imperial connectivity.
The conclusion summarises the main findings of the book and tentatively goes beyond them. When it comes to thought and practice of fin-de-siècle colonial war and violence, we should emphasise essential comparability and connectivity instead of national particularities among the British, German and Dutch empires. It is suggested this research finding might apply to other Western colonial empires as well. At the same time, a number of smaller aspects in which we might actually find national differences is noted. Taking up the transimperial mobility of ideas and experiences of colonial warfare noted throughout the book, the conclusion then asks what questions these findings raise for thinking about the temporality and spatiality of empires more generally. Finally, it touches on continuities in war and violence beyond 1914, both in later colonial wars as well as in the fighting of the First World War in Europe. It tentatively suggests that continuities were considerable in the first case and much lower in the second case.
Discussing the historiography, this section posits the need to move away from national-exceptionalist theories of colonial violence and the military-historical search for national doctrines of colonial warfare, instead recognising the extreme violence of fin-de-siècle colonial wars as part of a transimperial Colonial Way of War. Research should take into view several empires and the shared thought behind such violence. Europeans racialised colonial warfare and infused it with performative aims and imperial anxieties. Such racialised notions eventually became more important than structural constraints in determining extreme colonial violence. Cross-imperial connectivity explains the highly transimperial character of this knowledge, a connectivity that rested mainly on human, colony-to-colony mobility and on transnational colonial populations. Researching this requires rethinking ideas of imperial networks and reservoirs of knowledge. The introduction also offers definitions of ‘knowledge’ in relation to colonial warfare and of ‘extreme’ violence (arguing that there was a qualitative difference between colonial and ‘European’ wars at the time) and discusses sources and periodisation.
A constructed racial otherness of the enemy distinguished colonial warfare from other modes of fin-de-siècle warfare, while it constituted at the same time a unifying element across different empires. It gave rise to a general culture of permissiveness and the fashioning of an imagined ‘native mind’, two preconditions for a specific body of knowledge on colonial warfare to emerge. This featured specific prescriptions as to what colonial warfare was to do, denoted here as the five ‘basic imperatives’: colonial warfare had to generate a ‘moral effect’ on the opponent, it had to be ‘bold and offensive’, it had to create a ‘lasting peace’ by using heavy force first, it had to ‘punish’ and, increasingly, it had to produce high death tolls (the ‘big bag’). The chapter explains how all these imperatives pushed towards extreme violence and demonstrates how all were present in very similar forms in the British, German and Dutch empires. For each, the origins, development and empire-specific appearance are discussed. With a transimperial corpus of colonial manuals as main source base, it is also shown that there was a further convergence in this body of knowledge around 1900.
Chapter 3 addresses British and French involvement in the decolonisation of the case study territories. It assesses the differing approaches of colonial representatives towards the political status of the territories. This includes measures taken to repress anticolonial protests and activists, the Gallicisation of Guadeloupe and Martinique after departmentalisation and the impact of years of chronic underfunding. This chapter places these territories within the wider context of the decolonisation of the British and French Empires. It argues that colonial pressures prevented a fair and open debate on the question of independence in these territories.
This chapter makes a case for rethinking the early history of colonial Hong Kong – for seeing the young colony as an ambiguous juridical space, shaped and bounded by inchoate ideas of extradition. History has forgotten this feature of early Hong Kong because most studies have assumed, anachronistically, that the Opium War treaties of 1842–43 instituted ‘extradition’ between Hong Kong and China, in addition to British ‘extraterritoriality’ in China. In fact, these ideas took time to crystallise from fuzzier arrangements for dividing jurisdiction. This jurisdictional ambiguity coincided with the belated rise of territorial thinking in the British Empire. It also coincided with ongoing developments in the British approach to surrendering fugitives to foreign states – a procedure that legal actors were only starting to refer to as ‘extradition’. So, historicising the idea of extradition allows us to understand how British actors perceived their practices in Hong Kong and China in comparison to their practices elsewhere. This perspective reveals that the imperial origins of extradition involved crucial experiments in the colonial ordering of territory, people, and executive power.
This Element argues that it was not just the application of medieval texts by Richard Hakluyt that made them relevant for England's budding colonial ideology; rather, it shows that these premodern texts already conveyed the essence of the expansionist mercantilism and colonialist imperialism that would characterise early English exceptionalism and the Elizabethan reach for the Americas. The upshot of the author's argument is threefold. First, Hakluyt and his contemporaries were much better and closer readers of medieval travel texts than we give them credit for; second, the ideology behind English colonialism was shaped in the late medieval period, not in Elizabethan England; and third, another facet of periodisation, with its epistemological emphasis on rupture rather than continuity, comes under pressure.
In February 1799, the British East India Company rounded up French civilians in Pondicherry and put them on a ship loaded with prisoners of war. The ship continued its journey to Portsmouth in England, by way of the Cape of Good Hope and St Helena. Handwritten lists were the main tool used to select these deportees. If analyzed superficially, colonial lists can seem to depoliticize the violence of deportation by presenting it as the answer to technical problems. Instead, this article approaches the list as a media technology employed by colonial and military officials, and thereby highlights its iterative rather than fixed nature. The lists were unstable and based on contingent and constantly evolving information that bureaucrats and army officers on the ground inherited from previous colonial regimes, as well as from local populations. The act of listing encapsulates a tension between the agents who identified, categorized, selected, and trapped people on paper, and the tactics of these people, who sometimes found creative ways to jam this process. As illustrated by the breakup of “mixed race” families, these paper documents also reveal the conflicts and contradictions that ran within the imperial state between the twin imperatives of maintaining both security and humanitarian principles.
Chapter 1 recounts some of the main events of Jamaica’s 1865 Morant Bay rebellion. Compared to other historical reconstructions, the chapter emphasizes the influence of the end of the American Civil War and debates about Reconstruction on the rebellion and its coverage in the press. The chapter offers a basic narrative framework within which to understand the arguments presented in Chapters 2 through 6.
The Conclusion summarizes the book’s arguments and contextualizes them within broader patterns of public discourse in which Jamaica was conceptualized as especially revealing about race, and in which biblical slogans were used to encode universal claims about race. The conclusion analyzes a speech given by English lawyer and politician Charles Savile Roundell, who had served as secretary to the Royal Commission of Inquiry appointed to investigate Jamaica’s 1865 Morant Bay rebellion. Addressing the Tenth Annual Meeting of the National Association for the Promotion of Social Science, held in Manchester, England, Roundell proposed taking Jamaica as a crucial instance, a term taken from Francis Bacon’s program for a new scientific method. And he cited the Bible as he made claims about how the races could and should relate to one another.
The Introduction frames the book’s argument by analyzing coverage of Jamaica’s 1865 Morant Bay rebellion in the American Missionary (New York), published by the American Missionary Association. The editors invoked Ecclesiastes 7:7, “Surely oppression maketh a wise man mad,” to blame Jamaica’s largely White plantocracy for pushing Black laborers to breaking point. They drew out the implications of this lesson on race for the United States – White Americans who had participated in the system of slavery should not be entrusted with safeguarding the rights of free Black citizens. This book shows how Jamaicans, Britons, and Americans understood Jamaica as a prime example, a test case that shed light on great questions about race and race relations occupying the Atlantic world at the end of the American Civil War. It argues that they used biblical slogans to encode a wide variety of claims about race and race relations. This Introduction relates the book’s argument to work by historians on Jamaica, the British Empire, and abolitionism, on the one hand, and work by biblical and religious studies scholars on the Bible and race, on the other.
Stephen C. Russell tells the story of the Bible's role in Jamaica's 1865 Morant Bay rebellion and the international debates about race relations then occupying the Atlantic world. With the conclusion of the American Civil War and arguments about reconstruction underway, the Morant Bay rebellion seemed to serve as a cautionary tale about race relations. Through an interdisciplinary lens, the book demonstrates how those participating in the rebellion, and those who discussed it afterward, conceptualized events that transpired in a small town in rural Jamaica as a crucial instance that laid bare universal truths about race that could be applied to America. Russell argues that biblical slogans were used to encode competing claims about race relations. Letters, sermons, newspaper editorials, and legal depositions reveal a world in the grips of racial upheaval as everyone turned their attention to Jamaica. Intimately and accessibly told, the story draws readers into the private and public lives of the rebellion's heroes and villains.
Empires and nation states tend to be understood as two distinct types of political organization. The former are primarily associated with the premodern world, while the latter have come to be seen as political forms paradigmatic of the modern. While colonialism is a process associated with empires, it is more usually practised by modern nation states in their establishment of overseas empires. These empires are marked by a particular form of political economy—a colonial political economy—which determines the specificity of their political form as distinct from earlier empires. In this article, I examine the Mughal Empire of the premodern period in relation to the subsequent establishment of British colonial rule in India, and discuss the particularities of each in terms of the modes of political economy—moral and colonial—which were characteristic of their administration. In particular, I address the mobilization of the precepts of classical liberalism by the British, as demonstrated in the response of colonial administrators to incidences of dearth and famine, and contrast this with the modes of governance of the preceding Mughal Empire. The differences between them, I suggest, demonstrate that British colonial rule was a structurally distinct, modern type of empire.
It is often assumed that only sovereign states can join the United Nations. But this was not always the case. At the founding of the United Nations, a loophole drafted by British statesmen in its predecessor organisation, the League of Nations, was carried forward, allowing colonies to accede as member-states. Colonies such as India, Ireland, Egypt, and many more were afforded a tokenistic representation at the League in Geneva during the interwar years, decades before their independence. Thomas Gidney unites three geographically distinct case studies to demonstrate the evolution of Britain's policy from a range of different viewpoints, exploring how this policy came into being, and why it was only exploited by the British Empire. He argues that this membership shaped colonial norms around sovereignty and international recognition in the interwar period and to the present day. This title is also available as open access on Cambridge Core.
In this compelling work, Sascha Auerbach offers a bold new historical interpretation of late-stage slavery, its long-term legacies, and its entanglement with the development of the modern state. In the wake of abolition, from the Caribbean to southern Africa to Southeast Asia, a fusion of government authority and private industry replaced the iron chains of slavery with equally powerful fetters of law and regulation. This 'overseer-state' helped move, often through deceptive and coercive methods, millions of Indian and Chinese indentured laborers across Britain's imperial possessions. With a perspective that ranges from Parliament to the plantation, the book brings to light the fascinating and terrifying history of the world's first truly global labor system, those who struggled under its heavy yoke, and the bitter legacies left in its wake.
With the withdrawal of British troops from the Australian colonies in 1870, a sense of strategic exposure crept through the colonies over the following decades. This feeling of exposure was conspicuously felt in the New Hebrides (modern Vanuatu), where French settler intrigues threatened the Pacific “island wall” the Australian colonies increasingly hoped would guard against the “Yellow Peril” of an expansionist Japan. However, Whitehall found that the growing Australian-French settler antagonism over the New Hebrides interfered with its global imperial policy. Britain was forced to balance competing interests between its primary Pacific dominion and its emerging European ally. The move towards an eventual Anglo-French New Hebrides Condominium (1906), led to a distinct bifurcation of Anglo-Australian imperial policy in the Pacific. It also resulted in the physical, cultural and social decimation of native society.