Bruce Gilley, The Case for Colonialism (Nashville, Tennessee and London, New English Review Press 2023)
Introduction
This is a controversial book that arose from an extremely controversial academic article written by the author. It’s particularly timely as yesterday the Guardian reviewed an exhibition on Black slavery with the approving comment that it was a great rebuttal to those who are now arguing that British imperialism was benign and civilising. Gilley is indeed one of the latter. in 2018 he was moved to write an academic article defending European colonialism after researching Sir Alan Burns, the last British governor of the Gold Coast, now Ghana, and reading positive comments about British colonialism from the anti-colonialist activist and writer, Chinua Achebe. Achebe is regarded as a staunch enemy of British colonialism, and yet Gilley presents quotation after quotation showing that his attitude was more nuanced. Achebe stated that by and large, Nigeria under the British was well run and that they cared for their colonies. He noted that he owed his education to European missionaries who ran excellent schools, the state schools and finally the university founded by the British. He had no animus against the British themselves, and lived in London. He was also attacked for writing in English rather than his native Igbo, despite the fact that an Igbo language press did not exist.
Benefits of Colonialism
Gilley argues that colonialism benefited its subject peoples by modernising their countries with western technology, medicine and industry, as well as fundamental institutions of political liberty as property rights and democracy. It was not regarded as illegitimate by the colonised peoples themselves. The book begins with a letter from the peoples of the Lakes region of Nigeria, now Lagos, for the British to take over their lands to protect them from their tribal enemies and inviting them to stay as long as they liked. Their willing acceptance of colonial authority was shown in the way they moved closer to the centres of colonialism, not away from them, seeking the greater opportunities to be found there. The colonies’ indigenous peoples formed the majority of civil servants, police and soldiers so that the number of White administrators in some of these nations was minuscule compared to the vast populations over which they ruled. And some of the former colonies are coming to a positive reappraisal of the colonialists as the founders of their nations. This is happening in Nigeria with Lord Lugard and the former Belgian Congo with A Brazza. Moreover, the abysmal misgovernment and corruption in these nations is forcing many of them to look back on their former colonial overlords requesting them to return. After the explosion at the port of Beirut several years ago, a petition in Lebanon went up calling for the French to return and take over the colony. 60,000 people signed in the first hours it was up on the Net. Macron acceded to the request, so that the French state acted as a kind of supervisor in an international arrangement in which a western company took over the running of the port. A Belgian journalist, van Reynbrouck, was surprised when he visited the former Belgian Congo by the numbers of young Congolese who came up to him asking when the Belgians would return. In a similar case to Lebanon, the Indonesian authorities were extremely concerned about corruption among the customs officers in Jakarta. They sacked all 3,000 of them and brought in a Swiss company to rebuild it. But the projects to reintroduce elements of western colonialism to genuinely modernise and restore good government and business practice to these countries goes far beyond that. One economist has recommended setting up ‘charter cities’ in the former colonies, with the authorities’ consent. These would be leased to the former colonial powers under 99 years leases, like Hong Kong, and governed by the former imperial masters. At the same time, leases granting residential status would be given to a limited number of migrants seeking to live and work there. In this way modern, democratic government and business would return to the former colonies.
Resulting Controversy
Gilley submitted his article promoting colonialism to two academic journals. One turned it down because it was too controversial. He then offered it to another, the Third World Quarterly. They published it to a storm of outrage. Over a hundred academics, including those of his own university, demanded that he be sacked or subjected to something like a Maoist ‘struggle session where he would be forced to recant his sin. Eventually the article was withdrawn because of threats to lives of the magazine’s editors and staff from anti-colonial fanatics in India.
The book is partly a response to this controversy. The first few chapters describe the affair and respond to his critics. The next part of the book provide examples of the positive influence of colonialism around the world, including iconoclastic reappraisals of German rule in Africa and China and a complete demolition of the claim that King Leopold’s rule in the Congo was genocide resulting in the deaths of 8 million Black Africans. The chapter on German imperialism shows that, rather than proto-Nazis, the Germans had made explicit provision for the good government of their subject peoples leading to their eventual independence at the Congress of Berlin in 1880. They ruthless punished imperial administrators and troopers who abused and victimised the natives. In Qingdao their chief judge was keen to incorporate local, Chinese law into that of the colony and wrote three books on the subject. The genocide against the Herero in Southwest Africa was not planned and was largely the result of forces beyond the authorities’ control.
Refutation of Holocaust Allegations over King Leopold’s Rule in the Congo
In the Congo the real death toll from the exactions of the Force Publicque was largely confined to one section of this vast, sprawling country and consisted of 18,000 people. This was largely the result of tribal warfare, not deliberate policy by Leopold himself. The severed feet and other bodies shown in photographs of alleged colonial atrocities were the result of the traditional way the tribes in the area showed that they had killed their victims. Leopold had taken over the country with the specific intention of eradicating the slavery and cannibalism which plagued the area. The photographs of people with severed limbs were staged recreations of mutilations resulting from these atrocities, and not of horrific punishments visited by Leopold and his servants on those who failed to meet the rubber quotas. These photographs were then taken over by British missionaries and the anti-colonialist British press to show the supposed horror inflicted by Leopold over the people of his private empire. One notorious photo showed a man looking down forlornly at severed feet and an arm. This has been presented as limbs hacked off by the Force Publique on those rubber workers who had failed to meet their set targets. But the original photograph states that the man was looking down on the remains of his wife and daughter after they had been eaten by cannibals.
Black Anti-Slavery Activists Embrace of American Constitution
Another chapter presents the positive case for enslavement in America. He does not seek to present slavery itself as a positive institution benefiting its victims, although that was one of the arguments of its supporters. Instead he notes that in America slaves could, surprisingly, have the benefit of the law. In 1791 in Newport, Connecticutt, a slaver was tried for murder for throwing an enslaved woman with smallpox overboard as a threat to the health and lives of the rest of the ship. The trial lasted five years before the man was acquitted on the grounds that he had acted to protect the others on board against the contagion. Moreover, Black anti-slavery activists were well aware of the anti-slavery implications of the American constitution and its enshrinement of life, liberty and the pursuit of happiness for all. They sought to widen its application beyond White Americans to themselves, in alliance with Whites, writing hymns and other texts supporting this view.
British Attempts to Supply Food to Famine-Struck First Nations in Canada
The book also rehabilitates British rule on the Canadian prairies, stating that they were not indifferent or complicit in a 19th century famine of the indigenous peoples that has now been described as a Holocaust. The British had scant resources in this corner of Canada and did what they could to provide food. They were also seeking to provide the Indians with modern, industrial education in the now notorious residential schools at the Native Canadians own request. They were hampered by distance and the problems of farming in that section of Canada which stumped even season agriculturalists from Ontario and was only solved ten years after the famine. And the same problems afflicted White Canadians. One man, who moved west, suffered from the loss of vital equipment en route. When he arrived, local people, including the Indians, borrowed his equipment but did not return it. The environment itself proved to be too challenging and after sticking it out for three years he finally gave up and returned home.
Erasure of the History of White Farmers in America
White farmers in colonial era America are also being erased from official history through a movement that claims that the piles of stones they left in their fields are really Native American cairns. This started with a group of old, White men. The founders of the movement were interested in pseudo-history, like finding Atlantis. Farmers in 19th century New England, when clearing their fields of stones, used to pile them up in the centre of the field. They were given to children to play with or sold to workers building roads. When such piles have been excavated, they reveal underneath rusted farm equipment and White American domestic refuse. The indigenous peoples then adopted the idea, passionately claiming that the piles were indeed cairns left by their ancestors. They gained this knowledge after visiting the stones and a few minutes of sacred contact with their gods and spirits. From there it moved on to be adopted by state and county authorities, sometimes as a means of preventing building development of these areas. Yet the fake history presented by this movement damages real colonial history. The stones themselves are the physical remains of the agricultural settlement and abandonment of these areas as the farmers moved to fresh lands further west. Another chapter takes apart this misrepresentation of Malayan colonial rule during the Emergency, stating that most Malayans actually supported British rule against that of the Communist guerrillas.
Achebe and Naipaul on the Benefits of Colonialism
There are two chapters given to the positive appreciation of colonialism by Chinua Achebe and the British Asian writer, V.S. Naipaul. Naipaul believed very strongly that British colonialism had benefited its peoples around the world. For him, it was a universal civilisation that promoted benign values applicable to all humanity. He was sharply critical in his novels of the dictators that took over these countries, plunging them into corruption and horrific bloodshed, and their left-wing White European supporters who followed them around, turning a blind eye to the horrors in the belief that something great and genuinely African would arise. He is also scathing of the hypocrisy behind the critics of British colonialism, who all seek its benefits in London or the West. These include Fazlur Rahman, who led the campaign to the Islamise Pakistan in the 1960s. When this provoked opposition, he fled to a nice tenured academic position at an American university. Vijayamprada Gopal, a professor of Colonial and Post-Colonial Literature at Cambridge University and a favourite with Novara Media, also gets it for her snobbery. She stated that she would no longer teach working class students after the university porters called her by the university’s accustomed form of address of ‘madam’ for all women, rather than calling her ‘doctor’ as she wanted. This conforms to Naipaul’s comment that Oxbridge educated Indians were worse petty tyrants than the Indian landlords, who insisted that their tenants bow and touch their feet.
Criticism of Gandhi
Naipaul was also critical of Islam in Among the Believers, and had scant regard for Gandhi. Gandhi had the right idea when he started out, but then transformed himself into a Hindu holy man, after which he had nothing positive to contribute. It’s controversial, but there have been books and articles written arguing that Gandhi was not the benign figure he’s been presented as. Rabindranath Tagore, another great figure in Indian nationalism, dislike Gandhi because of his tactic of whipping up mobs until they were on the edge of rioting and violence and then pulling back. His sudden embrace of the Dalits in the 1920s was provoked, not by genuine concern for them, but because the British were planning to add an extra clause protecting their voting rights. Gandhi feared that this would lead to them supporting British rule, not Indian nationalism. He also knew absolutely nothing about the Second World War and the nature of Nazism. He wrote a letter to Churchill urging him to make peace with Hitler as ‘he is not a bad man’. On the invasion of Czechoslovakia, he recommended that the Czechs and Slovaks should meet the Nazis with passive resistance. When someone pointed out to him that this would simply result in the Nazis exterminating them, he acknowledged that this would happen, but ‘it would have been glorious’. India today is an emerging industrial and technological global superpower, quite contrary to what Gandhi himself would have wanted for his country. Gandhi hated modern technology with its trains and airplanes. He would have liked India to return to its traditional Vedic social and economic structure. And it is precisely by rejecting his vision that India has developed and become the global force it is today.
Gilley’s View of the Handing of Hong Kong to China
The last chapter is Gilley’s own personal observations of Hong Kong’s handover to China in 1991 under its last governor, Chris Patten and an article he wrote for the final edition of a magazine devoted Asian affairs when this magazine finally folded. Patten comes across as trying to do his level best for Hong Kong and its people despite almost insurmountable opposition from the Chinese. Beijing did not respect the original treaty and simply regarded it as an opportune time to take over the colony. They warned Patten not to introduce democracy just before independence, as the British had done elsewhere. Patten defied them and gave it to Hong Kong anyway. He was very keen to soothe local feelings about colonialism, and so appeared in a lounge suit rather than traditional gubernatorial garb. As for the magazine, based in Hong Kong, this was very much a product of the colonial age in taking a broad view of the politics and economic affairs of the region. But it lost readers with the retreat of colonialism. Instead of a broad, regional view, magazines now presented the specific views of the individual nations, such as India or China, and the broader view was now being lost.
Genocide and Butchery by Post-Independence Dictators
The book also describes the horrors and carnage perpetrated by the colonies’ various dictators, who seized power after independence. Guinea-Bissau’s dictator wanted to destroy the legacy and infrastructure left over by the Portuguese, and so tore his country apart, butchering its people in the process. The British in Zanzibar had set up a multi-party system which sought to balance the interests of African and Arab Zanzibaris. A year after Prince Philip had formally handed power to them, however, it was invaded by anti-colonial forces backed by the Soviet Union and East Germany. Only one in ten indigenous Zanzibaris supported the invasion. The invaders set up a regime of massacre and repression, driving out the Sultan and the Arab and South Asian Zanzibaris. In one massacre, they invaded and slaughtered the tribespeople in one of the islands, whose children were then required to sing suitably patriotic songs celebrating their parents’ deaths.
Frantz Fanon’s Glorification of the Shooting and Murder of Whites
He also attacks Frantz Fanon, the Caribbean psychiatrist whose text on Algerian war of independence, The Wretched of the Earth, is now a classic of the decolonisation movement. Rather than being some kind of benign text on the necessity of Black liberation, Fanon’s book is bloodthirsty, revelling in the genocidal massacre of French colonists and White Europeans, and endorsed with a foreword by Jean-Paul Sartre. Gilley is harshly critical of the western left-wing intellectuals, safely ensconced in their Paris cafes, supporting people who can only be described as monstrous tyrants. No positive view of French rule in Algeria is permitted in the mainstream French press, but there is a large, self-published literature by the Pieds-Noir, the former French colonists, arguing that the mainstream view is incorrect. He also criticised the modern anti-colonial crowd, who angrily denounce America as a colonial power while demanding the right of Africans and Muslims to immigrate there.
Independence Not Expected or Wanted by the Majority of Colonial Peoples
Against this, and attacks on western notions of democracy and human rights, Gilley argues that the independence came unexpectedly and was not wanted by the mass of the colonised. In the Belgian Congo, only 27 per cent of the population supported it, but they were given it anyway, like it or not, by the departing Belgians. The real forces behind decolonisation was European exhaustion following the Second World War. Europe no longer had the ability to afford to run the former colonies and there was pressure from both America and Russia to open them up and decolonise, plus the politics of the Cold War. The countries that did best following independence were those that retained the most of their colonial legacy and infrastructure. This is recognised by many of the former colonies themselves. While colonial rule is hated by the people of most of the former colonies, their rulers are seeking to reintroduce elements of the colonial legacy in order to improve their countries.
Colonialism Preferable to the Alternatives
This all runs counter to what has been taught for decades, at least since the 1970s, about European colonialism, which is still being blamed for the many failures and troubles of the former colonies today. It will certainly not be popular with the Guardian and the other left-wing papers and magazines that hold the view that colonialism was uniformly bad, oppressive and exploitative. But Gilley makes a very strong and clear case. As well as the known facts that contradict the received narrative, it also argues from counterfactuals. What would have happened in the absence of colonialism? There are three possibilities. One is a continuation of tribal warfare and indigenous slavery. The second is the penetration of these colonies by western mercenaries and companies seeking concessions. The third is colonisation by a rival power. None of these would necessarily benefit the indigenous peoples.
As for the brutality of the British and other Europeans, the indigenous rulers and imperial powers were just as ruthless, if not more so. Nader Shah, the Persian emperor, was preparing a common currency for Persia and India, suggesting he planned to invade and annexe the country. During his time in Delhi he massacred 30,000 people. On his return to Persia he gouged his son’s eyes out, castrated one of his generals and had six merchants buried alive for the crime of buying a rug belonging to the imperial court. The British and other colonial powers, on the other hand, erected laws against the exploitation and brutal treatment of natives, sending reports back to the home countries and investigating and prosecuting offenders. This provides the basis for the many works of history denouncing colonialism, which is rather hypocritical in the absence of similar concerns by the indigenous powers presented as being somehow innocent of these crimes.
Arguments for Forced Labour
Gilley also seeks to rehabilitate the system of forced labour the British and other Europeans imposed on their African colonies. Gilley argues that this was indeed to make the colonies pay for themselves in the absence of monetary taxation. He states that the arguments against it are economically illiterate. Perhaps, but in Malawi and no doubt other African countries it was resented as a new form of slavery. He also points out the contradictory arguments against colonialism. For some, it underdeveloped its colonies. For others, it interfered too much. And there is the attitude among many of colonialism’s critics that the British should have provided free education and healthcare to their colonial subjects. In fact, Britons themselves did not have free healthcare until the establishment of the NHS and welfare state by the Labour government in 1948. Education in Britain wasn’t compulsory until the 1870s, and even if it was supposed to be free, the poverty of many working class Brits meant that some were unable to afford items such as school uniforms, pens and pencils and other equipment. It’s a case of presentism, the imposition of modern attitudes on to the past, in this case the expectations of the modern welfare state at a time when it did not exist.
Two Phases of British Colonialism
It is noticeable that Gilley begins his treatment of colonialism when it had entered its paternalistic, liberal phase after 1824. In Britain’s case this followed the abolition of the slave trade in 1809 and the introduction of progressive legislation for the improvement of the slaves’ lives in preparation for their eventual emancipation. The previous phase of British imperialism, such as the Elizabethan conquest of Ireland, James VI’s/I’s plantations and the horrors of the Cromwellian campaigns, in my view cannot be justified. Nor can the conquest of the Caribbean and the New World with the extirpation of the original Amerindian populations and the establishment of transatlantic slavery. Which is, no doubt, why he doesn’t and is silent on this phase of western colonialism. Some anti-imperial historians have written about European colonialism as if it was consciously proceeded according to a pre-set plan. But his was not the case. There was no uniform plan and European imperialism was the result of different economic, political, social and religious forces at different times. The lost of the American colonies and their slave holdings made it easier for the British to ban the slave trade and eventually slavery in theirs. Historians have long recognised that there were two phases of British imperialism, the first in America and the Caribbean, the second in the conquest of India, Africa and Asia. It may well be high time that anti-imperial historians and activists took on board the fact that the nature of colonialism itself changed in these two periods.
Imperialists as Colonies’ Real Nationalists
The book is part of a growing mass of literature seeking to present a positive case for colonialism, such as Nigel Biggar’s Colonialism: A Moral Reckoning. Gilley goes further than Biggar, who merely argues that there were certain aspects of British colonialism that were deeply amoral and oppressive, by presenting this phase of imperialism as benign and positive, and takes friendly issue with Biggar on this point. There are even a very few positive facts in favour of Apartheid. One of these is that under it, 100,000 Black Africans a year sought to immigrate to South Africa. But this probably says more about the horrific state of the other African countries than anything really positive about Apartheid. Despite the barrage of abuse and threats Gilley received for his article, the book also reproduces the positive and supportive comments he received from other academics and activists from Africa and Asia, some of whom said that they and their families had greatly benefited from the institutions, especially schools and universities, left by the British. He also claims at one point that the British and other colonialists were these countries’ true nationalists, in that they had a deep interest in the indigenous cultures and their arts and literature that were often being neglected by the indigenous peoples themselves. Naipaul quotes an Indonesian Muslim as saying that his countries’ historic mosques are now preserved by the West, as previously the Indonesians themselves wanted to pull them down.
Necessity of Proper Academic Debate
This is a powerful counterblast to the received narrative about the evils of colonialism. Whatever one feels about it – and looking at the current state of political corruption and creeping authoritarianism in Britain, I am extremely doubtful about the ability of my country to act as a new, benign imperial force – I strongly believe that it and similar books have a place in academic education and discussion. The attempt to silence Gilley, and indeed Biggar on this side of the Pond, with denunciations, personal abuse and death threats is deeply authoritarian and oppressive in its turn. Gilley at one point states that it may take national legislation in America to restore genuine free speech to campuses. And free speech and genuine academic debate are the cornerstones of genuine democracy. Without it, you just have authoritarianism and indoctrination.
The Role of Global Warfare in Shaping The World’s Constitutions
June 21, 2023Linda Colley, The Gun, the Ship & the Pen: Warfare, Constitutions and the Making of the Modern World (London: Profile Books 2021).
I found this fascinating, thought-provoking book in a recent catalogue from Postscript, a British company specialising in remaindered books. Its theme is that previous accounts of the rise of constitutions limiting monarchs and government have concentrated too much on individual, national explanations for each specific country, viewing the granting of their constitutions as due to the growth of Enlightenment ideas, and the demand for democracy and representative, constitutional government as the result of causes specific to each nation. This has neglected the international dimension and the role of warfare in European and extra-European states in stimulating the emergence. It contends that as the costs of warfare in men and money escalated in the 18th century, as nations increasingly fought over longer distances using both land and naval forces, so rulers and governments were forced to issue constitutions granting their peoples increased rights and limiting their own powers in order to retain their support.
This process affected states as far apart and differing in size, population and power as Corsica, China, Haiti, Revolutionary France, the Russian Empire, Venezuela and South America, Norway and Sweden, Tunisia, the US and finally Japan. There were also brief attempts by the British Empire’s indigenous peoples to produce constitutions for themselves, like the short-lived Fante Confederacy in what is now Ghana and India.
Britain’s Constitution – Unwritten, But Still With Foundational Texts
She also considers why Britain remained unaffected by this process, in which states repeatedly wrote and tore up constitutions as their regimes changed and were overthrown. She maintains that this was because Britain had early undergone a process in which legislation had been passed which acted as the written basis for Britain’s unwritten constitution. This included the Bill of Rights issued during the Glorious Revolution in the 1680s which overthrew the Roman Catholic monarch James II in favour of the Dutch Protestant king, William of Orange, and his queen, Mary, as well as the various political writings issued during the British Civil War. But the chief of these quasi-constitutional texts was, of course, Magna Carta, and its provisions for important constitutional freedoms like Habeas Corpus. It shows how this was promoted in the 19th century to the status of a constitution, with writers and artists celebrating it as the fundamental cornerstone of British liberty. This included patriotic prints of Britannia pointing to copies of it. But if Brits didn’t produce their own constitution, they were intensely interested in those being drawn up elsewhere. This was largely because of British commercial interests across the world, particularly in Latin America. Britain also offered sanctuary to political exiles and dissidents, and so there was a large community of foreign reformers and revolutionaries debating the changes they wished to see in their homelands’ systems of government. And the foreign nations producing these documents were keen to have them read, examined and debated by the British and other nations. The great British philosopher and reformer, Jeremy Bentham, was passionately interested in these new constitutions. He was ardently in favour of democracy, and was quietly in favour of the legalisation of homosexuality. The book describes how the elderly Bentham was visited by activists from Latin America and elsewhere, eager to gain his views and advice on their constitutional ideas.
Some of these constitutions were far more radically democratic than the much more famous and celebrate US constitution. These included the plans for government drawn up by Pasquale Paoli, a Corsican patriot, who wished to see his island nation free of Genoese and French domination. In return for making him head of state and leader of its armed forces for life, his constitution promised a tricameral parliament, with one chamber dedicated to the economy and universal manhood suffrage. Sadly, his regime did not last as a French invasion towards the end of the century resulted in its annexation by France.
Public Enthusiasm for Constitutions
The book also describes the drafting of the American constitution, done very much behind locked doors and a press blackout in the Philadelphia, and the issuing of Madison and Grant’s The Federalist Papers to justify and recommend it to the American public. This was a time of intense stress for the fledgling United States. The Founding Fathers were very much aware that their nascent country was vulnerable to renewed attack by the British and secessionist attempts by rebels. They were also keen to promote the new constitution to supportive states abroad, such as France. However, the Founding Fathers weren’t democrats, and considered the various constitutions emerging during the French Revolution far too radical. The book notes that the concern with forging the new constitution wasn’t just confined to politicians, but was also a passionate interest of the ordinary French reading public. So much so that a Strasbourg newspaper published a template for its readers for a constitution, suggesting possible articles for it.
This intense engagement by the general public in constitutional debate and reform was also seen in Japan during the Meiji Restoration. This overthrew the centuries-old Tokugawa shogunate under the pretence of restoring the Emperor’s power and rights. It came after the country’s isolation had been forcibly broken by a succession of foreign ships, beginning with Commodore Perry from the US, and including the Russians, demanding trade concessions. Guided by a group of counsellors and courtiers, the Meiji emperor issued a vague constitution promising deliberative assemblies and various civil rights in return for the public’s support for the country’s modernisation. One of those impressed with the new direction the country was taking was a man from a minor samurai family, who had joined the opposing forces as a foot soldier during the Boshin civil war that followed the restoration. After the war he got a job as a school teacher in a small provincial town. There he joined a discussion circle debating the country’s situation and what form its new constitution should take. Again, the founders of the new constitution were very careful that it shouldn’t be too radical, and the right to vote was subject to a strict property qualification so that out of the entire Japanese population, perhaps just over half a million held the franchise.
Back in Europe, the king of Sweden found himself in desperate need of his people’s support following expensive and disastrous wars against the Russian Empire. He therefore established a constitution limiting his powers and establishing a governmental chamber divided into the various social estates. These were the aristocracy, the clergy, the bourgeoisie and, uniquely, the peasantry. He did not honour it, however, and was subverting it and claiming more power for himself in preparation for another war with Russia before his assassination by disgruntled nobles.
South America’s Anti-Racist Rebels and Reformers
Over the other side of the Atlantic, South American patriots and freedom fighters were determined to throw off Spanish domination and forge new constitutions for their nations. And these were extremely radical. Agustin de Iglala, a Venezuelan warlord, in his proposed constitution called for Whites, Blacks and indigenous peoples to have the same political and social rights and opportunities centuries before the civil rights struggles in America and Britain. A few years earlier, a French writer had published an early Science Fiction novel. Set in the 25th century, this was about the leader of a Black revolt in Mexico, who eventually lays down his arms and becomes the peaceful ruler of a multicultural state. Reading that, I was reminded of the immense admiration given to today’s Black leaders like Nelson Mandela and Barack Obama, who seem to have a similar image and status in their countries’ politics.
Napoleon and European Constitutions
Back in Spain, further constitutions were drawn up by both sides after Napoleon’s invasion. He ousted the lazy and brutal Bourbon king, Ferdinand II, in favour of one of his brothers. The Corsican bandit was partly motivated in this by his desire to get his mitts on the Spanish colonies in South America. After he had gained them, he aimed at annexing the Spanish territories in North America, reconquer the lost French territories like Louisiana and perhaps then go on to conquer the US and Canada. This is megalomania on a global scale which dwarfs even that of Hitler, Mussolini and Stalin. In order to gain some support for his brother’s regime, he set about drafting a new constitution. So did the British and their Spanish allies. Meeting in Cadiz, they drew up a rival constitution expressing many democratic rights and civil liberties. Many of those involved in its drafting were Roman Catholic clergy, so that the resulting constitution made Roman Catholicism the official, established and sole tolerated religion.
Elsewhere in his empire, Napoleon drafted for the European states annexed and incorporated into his empire. Westphalia in Germany was given a fairly liberal constitution and a degree of political independence as a reward for its loyalty. One of the new states upon which he bestowed a constitution was Helvetia, which included Switzerland as one of its constituent territories. And this links Napoleon and his imperialism with one of the greatest Gothic novels, Mary Shelley’s Frankenstein. Written in Switzerland, to many contemporary readers, this wasn’t simply a tale of a scientist challenging God by daring to create life. It was also seen as a metaphorical comment on Napoleon, on his constant experimentation, though with constitutions rather than with dead human flesh, and the way these had escaped control so that it was impossible to escape them, even if you fled to the Arctic.
Thomas Paine, Charters and the Image of Ancient India as Constitutional State
One of the major figures defending the American Revolution was Thomas Paine, a British radical. He was the son of a small farmer and part-time stay-maker, producing women’s whalebone corsets. Paine had become convinced that monarchies were inherently warlike, and so promoted revolutionary republican in his books Common Sense and The Rights of Man. But one of his grandfathers had been a local notary, looking through his hometown’s charters for its historic liberties and rights. The book also considers how the American colonies had also been founded through charters and the roles these played when these states forged their own individual constitutions at the Revolution.
The idea of charters as demonstrating a nation’s ancient liberties was taken up by the Indian reformer, Raja Rammohan Roy. A high caste Brahmin, the rules of his religion forced him to eat apart from his British radical friends in Calcutta. He was convinced, however, that ancient India had also been democratic. Settling in Britain, his view was so influential that the contemporary editions of Blackstone’s Commentary on the Laws of England stated that ancient India had been a liberal, parliamentary state, just like Anglo-Saxon England.
Attempts to Establish Constitutional Government by African, Asian and Middle Eastern Nations
This in turn inspired other indigenous peoples under British rule and independent Middle Eastern and Asian states to start writing and demanding their own constitutions. In Tunisia one aspiring Muslim politician and reformer wrote a constitution for his country. Threatened by the French, who had annexed neighbouring Algiers and fearing invasion from other western powers, the Tunisian constitution was intended to show the West as well as his fellow Muslims that modern, constitutional government was entirely compatible with Islam. This experiment did not last long, but it did inspire the growing constitutionalist movement in the Ottoman Empire.
There was also a brief attempt by a Black British naval surgeon to create a constitution for an independent Fante state in what is now Ghana. The British had established a protectorate over the Fante peoples in order to protect them from attack from the Ashanti. However, an ill-fated British expedition failed due to disease and the country’s difficult terrain without seeing their Ashanti enemies. The British then decided to withdraw. In this power vacuum, the surgeon, whose proper rank was major-surgeon, equivalent to Lieutenant-Colonel in the British army, then engaged with the Fante to establish an independent, constitutional state. The man himself was certainly no rebel against Britain. He was an indigenous African, who had been enslaved and sold to western slavers before the slave ship was captured and its human cargo liberated. He always saw Britain as his personal benefactor. But he was concerned to establish an independent state for the Fante peoples, and show that they too were civilised and capable of constitutional government. This did not last, as the British reorganised their forces, returned and conquered the area.
Pitcairn Island, Hawaii and New Zealand
On the other side of the world, the tiny Pitcairn Island, settled by the mutinous White sailors from the Bounty and their Tahitian wives, also benefited from a kind of constitution hurriedly drawn up for it by the captain of a visiting British ship. By this time, the few surviving Whites had died and the island was populated entirely by their Brown descendants. But the Pitcairn people were worried about possible annexation by an expanding, imperial America. Sailors from passing America ships scornfully told them that they felt no need to obey their rules, as, unlike America, they had no constitution. So when a British warship visited them, they appealed to its captain to draw up a legal code. This provided for free, compulsory education and a local assembly. And astonishingly, both adult men and women were given the right to vote.
One of the major chiefs of Hawaii also tried to give his people a constitution and a legislative assembly. This initially consisted of the local chiefs, membership of whom was also granted to women so that about thirty per cent of its members were female. Again, this was partly to fend off the threat of annexation by America by showing that the Hawaiian people were a civilised nation with their own constitution and representative government.
The book also shows how these constitutional experiments also exerted pressures on America to end slavery, pressures which eventually erupted into the Civil War. American politicians felt that the issue hung over them like a black cloud. Other states, such as those in Latin America, had formally abolished slavery decades before. Tunisia had abolished it in 1848. There was a fear amongst abolitionist politicians, therefore, that the persistence of slavery in the US not only discredited it as a nation, but also the constitutional system it was founded on.
But America also exerted a positive influence on British imperial governors. One of those was the governor of New Zealand. Impressed by American democracy and constitutionalism, he established that four seats in the new colony’s legislature should be reserved for Maoris. In fact, this was less than they should have been given by the size of their population. It should really have been 15. Nevertheless, it was a ground breaking move. Also ground breaking was the fact that, while only men possessing a certain amount of property had the vote in the White population, no such property qualifications existed for Maori men, who also possessed the vote under these reforms.
Aristocratic Constitutions in Haiti and South America
Not all countries experimenting with constitutions were radically democratic. In Haiti, Toussaint L’Ouverture’s successor as the head of the new, Black nation, Henry Christophe, proclaimed himself king. He then set about establishing orders of nobility like those of Europe until he was overthrown in a coup that killed him and his son. The intention seems to have been to try to impress the European countries by showing that Black Haiti had a society and aristocracy like those ruling them.
Less extreme was the plan by the great South American patriot and liberator, Simon Bolivar. Bolivar was concerned by the way the new constitutions in the emerging South American nations were being repeatedly torn up and redrafted, before being torn up again. He wanted them to enjoy constitutional stability, and looked to the British constitution to provide it. Britain had not suffered the same shocks of foreign invasion as the other nations and it had been able to afford the expense of the new, transcontinental warfare. Thus Britain had not suffered serious political disturbances at the same level as many other nations, giving the impression that the British constitution provided Britain with stability as well as representative government and civil liberty. Bolivar therefore wished to establish in his nation a House of Lords and other institutions similar to Britain.
Law Codes and Autocracy in Russia and China
And then there were the autocratic countries, which nevertheless promulgated legal literature that was intended to have the same reverence as that accorded to constitutions. In Russia, Catherine the Great issued her Nakaz, or instruction, a compendium of the laws of her vast empire. She herself personally worked on it for months, and a copy of it was to be placed in every school in Russia. While certainly not a constitution, the compilation of the Nakaz was surprisingly democratic. A committee was gathered to collect and draft its provisions. These were elected. Bourgeois members of the assembly merely had to have a house or their own trade to qualify for inclusion. Also, membership was not limited to Whites or members of the Orthodox church. It included Christians from the other churches, as well as central Asian Muslims, a fact of which Catherine was extremely proud.
The Chinese also produced their own text intended to help the Qin emperor, Qinlung, rule the new territories he had conquered in the 17th century. This was an encyclopaedic study of these territories geography, climate, vegetation and animal life, and their peoples, their history and customs. This followed a genocidal war against a Mongolian empire, which resulted the massacre of its men and boys while its women and girls were carried off into slavery.
The Exclusion of Women from the Franchise
The book also examines the question why many constitutions granted the franchise only to men. Those that did grant women the vote gradually restricted this at the 19th century wore on, so that the franchise became even more narrowly male. This was, it argues, because constitutions were largely granted by monarchs in order to gain public support for their wars. Warfare is a masculine occupation, although throughout history individual women have fought for their countries. One of these was a Spanish woman, depicted by Goya firing a cannon in his Horrors of War series. These constitutions rewarded men with the franchise in return for their willingness to fight and provide funding.
Constitutions and Public Support
The last chapter considers the question whether the enthusiasm for writing constitutions has passed, after so many constitutions have been drawn up and then scrapped. America is an exception. Its constitution has persisted, despite numerous amendments. The reverence accorded this foundational document and its provisions is the reason, the book argues, modern American politics is so dysfunctional.
Another problem is how the new, modern, constitutional Japan could then become imperialist power in its turn, claiming and invading Korea and Taiwan in its turn. There was little opposition or condemnation of these invasions. The book argues that this was because many Asian countries had their own empires before the invasions and conquests of the west. This new Japanese imperialism was seen simply as the old order reasserting itself.
Conclusion
This is fascinating and truly eye-opening book, not least for its description of forgotten politicians and activists across the world, who were far in advance of their time. Men like Pasquale Paoli, the British naval surgeon and the Tunisian and Muslim constitutionalists. It makes a strong case for the role of warfare in the forging of modern, constitutional states but also demonstrates how interconnected these efforts were. Politicians, rebels, intellectuals and activists across the world corresponded with each other, newspapers in places like London printed extracts of these constitutions, and British printers published entire documents. Statesmen and diplomats also gave them to sympathetic foreign regimes. And people are still concerned to publish constitutions today, even though experience has shown these tend to be short-lived. And many of the people covered in the book are still inspiring figures, whose efforts to create constitutional government for their peoples deserved to be better known.
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