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Governor Edward John Eyre's brutal suppression of a Jamaican uprising
was an infamous cause celebre of the Victorian era. The "Jamaica
affair," as it was called in the day, invoked heated opinions among
notable mid-Victorian public intellectuals, drew into its wake elite
members of the legal profession, and was obsessively analyzed by
major newspapers. Further, the methods employed to quell the insurrection
raised issues as to the legitimacy of state-applied force when endeavoring
to bring social order to a "less enlightened" foreign nation living
under British occupation. The Jamaica affair is therefore a historical
morality play that resonates with despairing familiarity to the
contemporary ear. Rande Kostal's
A Jurisprudence of Power: Victorian Empire and the Rule of
Law follows in the footsteps of his previous legal history
work on Victorian railways. Like its predecessor, this book is
meticulously researched, logically organized and argued, highly
readable, and provides an informative and scholarly appendix.
And similar to his prior effort, which recounted the role of lawyers
in the rise and fall of nineteenth century railway capitalism,
A Jurisprudence of Power thrusts lawyers onto center stage.
Kostal brings a novel focus to
the otherwise well known (but never before so exhaustively recounted)
story of the Jamaican affair. The uprising began with an October
1865 protest by Jamaican blacks outside the Morant Bay courthouse
at which the Riot Act was read and ignored, and seven people subsequently
shot to death. The crowd retaliated by killing the chief magistrate
and seventeen others and wounding some thirty additional people
(almost all of whom were white); the upheaval extended over the
next few days to plantation raids. Concerned that the island's
430,000 non-white residents would soon engulf its 13,000 white
ones, Governor Eyre proclaimed martial law and unleashed his troops.
In consequence, more than 400 blacks were killed (immediately
or soon thereafter), 600 more viciously flogged, and some 1,000
dwellings razed. Prominent among those put to death was George
William Gordon. A mulatto landowner, Jamaican Assembly member,
and outspoken critic of the colonial government, Gordon was arrested
in Kingston (beyond the boundaries of martial law) on Eyre's orders
and transported to Morant Bay (where martial law prevailed) to
face a sham court martial and execution.
Four years of public uproar ensued
in England, although the government declined to pursue criminal
action against Eyre and his collaborators. A privately formed
"Jamaica Committee" comprising notable progressive figures of
the day, and largely under the leadership of John Stuart Mill,
was not as reticent. It initiated three private prosecutions and
a civil action against Eyre, as well as two private prosecutions
against military officers who followed his instructions; each
one failed. Eyre never received another Royal commission, but
was eventually awarded a Governor's pension and lived to old age
in bucolic obscurity.
Kostal argues that at the heart
of the Jamaica affair was not the morality of what was done to
British subjects abroad, or even the legitimacy of the declared
martial law. Instead, the central thesis of A Jurisprudence
of Power is that the lurid events evoked a public discourse
on the validity of the Victorian Empire's rule of law ethos. For
a society that "saw the world through the prism of law" (128),
Kostal explains, the Jamaica affair was a crucible for determining
whether the British Empire could balance out—and thereby
justify—its Imperial ambition by fidelity to the rule of
law. To contemporaneous minds, the civil liberties of British
subjects at home could only be viewed as safe if legal safeguards
were also abided when quelling dissent abroad.
Kostal also persuasively links
the Jamaica affair to the political context of the day. He describes
how some saw Gordon's plight as a warning for the safety of Radical
politician John Bright, himself a Jamaica Committee founder and
supporter of the fiercely debated Second Reform Act Bill. A
Jurisprudence of Power likewise explains how, for the Jamaican
white minority, the backdrop of the catastrophic 1857 Sepoy Mutiny
in India exacerbated concerns over the potential consequences
of local unrest.
Two critiques slightly offset
the above well-deserved praise. First, for a book that inexorably
is about racial relations, Kostal does not sufficiently plumb
the issue of why the main protagonist held racist beliefs regarding
black Jamaicans. We are told that much like many fellow Victorians,
Eyre viewed non-whites as intellectually and morally inferior.
Fair enough, but Eyre's time as a colonial official in Australia
was characterized as tolerant and enlightened. His perspective
changed upon appointment as Lieutenant Governor of the Caribbean
island of St. Vincent. It presumably worsened in Jamaica. Some
treatment of why Eyre considered Aborigines capable of being "civilized"
to the point that he brought two boys back to England for formal
education, but deemed Jamaican blacks as less than human is warranted
(even if not to the depth of work by Geoffrey Dutton, Julie Evans
or Douglas Lorimer). Second, Kostal has done an exceptional job
of mastering and synthesizing a mountain of archival and secondary
materials. A formidable storyteller, Kostal recounts this research
with such elegance and wit that one wishes he related more of
the narrative in his own voice than through abundant quotations.
In the event, this remarkable book is worthy of much acclaim.
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