Zones of law, zones of violence: The legal geography of the British Atlantic, circa 1772

William and Mary Quarterly

Volumn 60, Issue 3, 2003, Pages 471-510

  Gould, Eliga H ^a  

^a UNIVERSITY OF NEW HAMPSHIRE   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 33746290309     PISSN: 00435597     EISSN: 1933-769     Source Type: Journal    
DOI: 10.2307/3491549     Document Type: Review

References (230)

1. The Morning Chronicle, and London Advertiser, June 24, 1772
2. quoted in Gretchen Gerzina, Black London: Life before Emancipation (New Brunswick, N. J., 1995), 130
3. Edward Long, Candid Reflections upon the Judgment ... on what is commonly called the Negro-Clause (London, 1772), 56
4. Drescher, Capitalism and Antislavery: British Mobilization in Comparative Perspective (New York, 1987), 39
5. See also James Oldham, "New Light on Mansfield and Slavery," Journal of British Studies, 27 (1988), 45-68
6. For the persistence of slavery in England (as opposed to Scotland, where it was unambiguously declared to be illegal in 1778), see Folarin Shyllon, Black People in Britain, 1555-1833 (Oxford, 1977), 27-28
7. and James Walvin, Black and White: The Negro in English Society, 1555-1945 (London, 1973), 128-29
8. Drescher, Capitalism and Antislavery, 39
9. Clarkson, The History of the Rise, Progress, and Accomplishment of the Abolition of the African Slave-Trade by the British Parliament (1808), 2 vols. (London, 1968), 1:78
10. Davis, The Problem of Slavery in the Age of Revolution, 1770-1823 (Ithaca, 1975), 501
11. The emphasis on empire has affected the entire sweep of British history; for the 18th century, see John Brewer, Sinews of Power: War, Money, and the English State, 1688-1783 (New York, 1989)
12. C. A. Bayly, Imperial Meridian: The British Empire and the World, 1780-1830 (London, 1989)
13. Linda Colley, Britons: Forging the Nation, 1707-1837 (New Haven, 1992)
14. Kathleen Wilson, The Sense of the People: Politics, Culture, and Imperialism in England, 1715-1785 (Cambridge, 1995)
15. Bob Harris, "'American Idols': Empire, War and the Middling Ranks in Mid-Eighteenth-Century Britain," Past and Present, No. 150 (1996), 111-41
16. T. H. Breen, "Ideology and Nationalism on the Eve of the American Revolution: Revisions Once More in Need of Revising," Journal of American History, 84 (1997), 13-39
17. Eliga H. Gould, The Persistence of Empire: British Political Culture in the Age of the American Revolution (Chapel Hill, 2000)
18. Stephen Conway, The British Isles and the War of American Independence (Oxford, 2000)
19. Peter Linebaugh and Marcus Rediker, The Many-Headed Hydra: Sailors, Slaves, Commoners, and the Hidden History of the Revolutionary Atlantic (Boston, 2000)
20. and Richard Drayton, Nature's Government: Science, Imperial Britain and the "Improvement" of the World (New Haven, 2000)
21. Bernard Bailyn, "The Idea of Atlantic History," Itinerario, 20 (1996), 26
22. Bailyn's "interior ocean" has been especially conspicuous in economic history, for which see Ralph Davis, The Rise of the Atlantic Economies (Ithaca, 1973)
23. Peggy K. Liss, Atlantic Empires: The Network of Trade and Revolution, 1713-1826 (Baltimore, 1983)
24. Ian K. Steele, The English Atlantic, 1675-1740: An Exploration of Communication and Community (New York, 1986)
25. David Hancock, Citizens of the World: London Merchants and the Integration of the British Atlantic Community, 1735-85 (Cambridge, 1995)
26. Jacob M. Price, The Atlantic Frontier of the Thirteen Colonies and States (Aldershot, 1996)
27. and John McCusker, Essays in the Economic History of the Atlantic World (London, 1997)
28. Marshall, "A Nation Defined by Empire, 1755-1776," in Alexander Grant and Keith J. Stringer, eds., Uniting the Kingdom? The Making of British History (London, 1995), 208-22
29. See also Colley, "Britishness and Otherness: An Argument," Journal of British Studies, 31 (1992), 309-29
30. On the emergence of legal geography as an analytical category, see Benjamin Forest, "Placing the Law in Geography," introduction to "Legal Geographies," special issue of Historical Geography, 27 (2000), 5-12
31. see also Christopher Tomlins, "The Legal Cartography of Colonization, the Legal Polyphony of Settlement: English Intrusions on the American Mainland in the Seventeenth Century," Law and Social Inquiry, 26 (2001), 315-73
32. Nicholas K. Blomley, Law, Space, and the Geographies of Power (New York, 1994)
33. and Blomley and Gordon L. Clark, "Law, Theory, and Geography," Urban Geography, 20 (1990), 433-46
34. Closely related to legal geography as used here is the study of "legal regimes," for which see Lauren Benton, Law and Colonial Cultures: Legal Regimes in World History, 1400-1900 (Cambridge, 2002)
35. Also relevant is the study of "political cartography," for which see Jeremy Black, Maps and Politics (Chicago, 1997)
36. and Black, Maps and History: Constructing Images of the Past (New Haven, 1997)
37. Robin Blackburn, The Making of New World Slavery: From the Baroque to the Modern, 1492-1800 (London, 1997), 8-9
38. and David Eltis, The Rise of African Slavery in the Americas (Cambridge, 2000), 56, 57-84
39. For the general influence of the lines of amity on Britain's overseas expansion, see Steele, English Atlantic, chap. 10
40. and Elizabeth Mancke, "Early Modern Expansion and the Politicization of Oceanic Space," Geographical Review, 89 (1999), 225-37
41. Tomlins and Bruce H. Mann, eds., The Many Legalities of Early America (Chapel Hill, 2001)
42. For a similar argument, though from a different methodological perspective, see Geoffrey Best, "One World or Several? Reflections on the Modern History of International Law and Human Rights," Bulletin of the Institute of Historical Research, 61 (1988), 212-26
43. On the distinction - and, frequently, conflict - between zones of law and war within the British archipelago, see J.G.A. Pocock, "The Limits and Divisions of British History: In Search of the Unknown Subject," American Historical Review, 87 (1982), 322-32
44. A Detection of the False Reasons and Facts, Contained in the Five Letters, Entitled, Reasons for Keeping Guadeloupe (London, 1761), 30-31
45. The Crisis; or, Considerations on the Present State of Affairs (London, 1761), 11
46. Observations on the Conduct of Great-Britain, in Respect to Foreign Affairs, 2d ed. (London, 1743), 7
47. "The History of Europe," Annual Register ..., 25 (1782), 219-20
48. "A Grazier," Thoughts on the Present Alarming Crisis of Affairs [in] Ireland (Dublin, 1779), 14
49. For the European law of nations in the 18th century, see Felix Gilbert, "The 'New Diplomacy' of the Eighteenth Century," World Politics, 4 (1951), 1-38
50. Best, Humanity in Warfare: The Modern History of the International Law of Armed Conflicts, rev. ed. (London, 1983)
51. Peter Onuf and Nicholas G. Onuf, Federal Union, Modern World: The Law of Nations in an Age of Revolutions, 1776-1814 (Madison, 1993)
52. Richard Tuck, The Rights of War and Peace: Political Thought and the International Order from Grotius to Kant (Oxford, 1999)
53. and David Armitage, "The Declaration of Independence and International Law," William and Mary Quarterly, 3d Ser., 59 (2002), 39-64
54. and Frank S. Ruddy, International Law in the Enlightenment: The Background of Emmerich de Vattel's Le Droit des Gens (Dobbs Ferry, N. Y., 1975)
55. Pocock, "Empire, State, and Confederation: The War of American Independence As a Crisis in Multiple Monarchy," in Robertson, ed., A Union for Empire: Political Thought and the British Union of 1707 (Cambridge, 1995), 318-48
56. and Conrad Russell, "Composite Monarchies in Early Modern Europe: The British and Irish Example," in Grant and Stringer, eds., Uniting the Kingdom? 133-46
57. Joel H. Wiener, ed., Great Britain: Foreign Policy and the Span of Empire, 1689-1971, 4 vols. (New York, 1972), 1:44
58. Pufendorf, On the Law of Nature and Nations (1688)
59. trans. C. H. Oldfather and W. A. Oldfather, vol. 2 of De Jure Naturae et Gentium (Oxford, 1934), 1318
60. Max Savelle, The Origins of American Diplomacy: The International History of Angloamerica, 1492-1763 (New York, 1967), 21; see also 210-15
61. Philip E. Steinberg, "Lines of Division, Lines of Connection: Stewardship in the World Ocean," Geographical Review, 89 (1999), 255-58
62. Abercromby, "De Jure et Gubernatione Coloniarum, or An Inquiry into the Nature, and the Rights of Colonies, Ancient, and Modern" (1774), in Jack P. Greene et al., eds., Magna Charta for America ... (Philadelphia, 1986), 200
63. For the complex relationship between Spain's claims to unoccupied lands beyond Europe and those of England, see James Muldoon, "Discovery, Grant, Charter, Conquest, or Purchase: John Adams on the Legal Basis for English Possession of North America," in Tomlins and Mann, eds., Many Legalities of Early America, 35-46
64. See also Roland D. Hussey, "Spanish Reaction to Foreign Aggression in the Caribbean to about 1680," Hispanic American Historical Review, 9 (1929), 286-302
65. Carl Bridenbaugh and Roberta Bridenbaugh, No Peace beyond the Line: The English in the Caribbean, 1624-1690 (New York, 1972)
66. Richard S. Dunn, Sugar and Slaves: The Rise of the Planter Class in the English West Indies, 1624-1713 (Chapel Hill, 1972)
67. Kenneth R. Andrews, Trade, Plunder, and Settlement: Maritime Enterprise and the Genesis of the British Empire, 1480-1630 (Cambridge, 1984)
68. and Benjamin Schmidt, "Mapping an Empire: Cartographic and Colonial Rivalry in Seventeenth-Century Dutch and English North America," WMQ, 3d Ser., 54 (1997), 549-78
69. That such specificity was necessary attests to the continuing force of the convention the treaty aimed to repeal. See also Savelle, Origins of American Diplomacy, 214-15
70. and J. H. Parry, Trade and Dominion: The European Overseas Empires in the Eighteenth Century (New York, 1971), chap. 3 (esp. 44-45)
71. Among the more important consequences of revoking the formal lines of amity was the suppression of Atlantic piracy, for which see Robert C. Ritchie, Captain Kidd and the War against the Pirates (Cambridge, Mass., 1986)
72. and Rediker, Between the Devil and the Deep Blue Sea: Merchant Seamen, Pirates, and the Anglo-American Maritime World, 1700-1750 (Cambridge, 1987)
73. For the impact on colonial governance generally, see Richard R. Johnson, Adjustment to Empire: The New England Colonies, 1675-1715 (New Brunswick, N. J., 1981)
74. [Burke], Remarks on the Letter Address'd to Two Great Men: In a Letter to the Author of That Piece ... (London, [1760]), 27
75. Richard Pares, War and Trade in the West Indies, 1739-1763 (London, 1963; orig. pub. 1936), 29-52, 586-612
76. Vera Lee Brown, "Anglo-Spanish Relations in America in the Closing Years of the Colonial Era," Hispanic American Historical Review, 5 (1922), 325-483
77. In 1735, Britain and France agreed to evacuate their settlers and to leave all 4 islands unoccupied, but the agreement was never fully implemented: see D. H. Murdoch, "Land Policy in the Eighteenth-Century British Empire: The Sale of Crown Lands in the Ceded Islands, 1763-1783," Historical Journal, 27 (1984), 551
78. and Pares, War and Trade in the West Indies, 195-216
79. and T. R. Clayton, "The Duke of Newcastle, the Earl of Halifax, and the American Origins of the Seven Years' War," Historical Journal, 26 (1981), 571-603
80. Johnson, "Observations on the Present State of Affairs," Literary Magazine, No. 4 (July 15-Aug. 15, 1756), in Political Writings, ed. Greene, 189; the line that Johnson had in mind was the boundary set by the Treaty of Tordesillas
81. Wilson, "Empire, Trade and Popular Politics in Mid-Hanoverian Britain: The Case of Admiral Vernon," Past and Present, No. 121 (1988), 74-109
82. and Savelle, The Diplomatic History of the Canadian Boundary, 1749-1763 (New Haven, 1940)
83. see also ibid., 344, and C. P. Stacey, Quebec, 1759: The Siege and the Battle (Toronto, 1959), 91
84. Geoffrey Plank, An Unsettled Conquest: The British Campaign against the Peoples of Acadia (Philadelphia, 2001), 144-45
85. See also Col. Charles Lawrence to Lords of Trade, Dec. 5, 1753, CO 217/14/343, PRO. For the colonies' divergence from European military norms generally, see Don Higginbotham, "The Early American Way of War: Reconnaissance and Appraisal," WMQ, 3d Ser., 44 (1987), 230-73
86. Geoffrey Parker, "Early Modern Europe," in Michael Howard et al., eds., The Laws of War: Constraints on Warfare in the Western World (New Haven, 1997), 56-58, 59-85
87. and Harold E. Selesky, War and Society in Colonial Connecticut (New Haven, 1990)
88. [Whately], The Regulations Lately Made concerning the Colonies, and the Taxes imposed upon Them, considered (London, 1765), 31-32
89. Murdoch, "Land Policy in the Eighteenth-Century British Empire," 549-74
90. See also John Ehrman, The Younger Pitt: The Years of Acclaim (London, 1969), 383-84
91. The settlers had good reason to be concerned; in the Anglo-Spanish Convention of 1786, the British agreed to evacuate the Mosquito Coast and contemplated doing the same on St. George's Cay, for which see Frank Griffith Dawson, "William Pitt's Settlement at Black River on the Mosquito Shore: A Challenge to Spain in Central America, 1732-87," Hispanic American Historical Review, 63 (1983), 702-04
92. Julius Goebel, Jr., The Struggle for the Falkland Islands: A Study in Legal and Diplomatic History, 2d ed. (New Haven, 1982; orig. pub. 1927)
93. Douglas Stewart Brown, "The Iberville Canal Project: Its Relation to Anglo-French Commercial Rivalry in the Mississippi Valley, 1763-1775," Mississippi Valley Historical Review, 32 (1946), 491-516
94. Nicholas Tracy, "The Gunboat Diplomacy of the Government of George Grenville, 1764-1765: The Honduras, Turks Island, and Gambian Incidents," Historical Journal, 17 (1974), 711-31
95. and "The Falkland Islands Crisis of 1770: Use of Naval Force," English Historical Review, 90 (1975), 40-75
96. Allan J. Kuethe and Lowell Blaisdell, "French Influence and the Origins of the Bourbon Colonial Reorganization," Hispanic American Historical Review, 71 (1991), 604-06
97. Charles L. Mowat, "The Southern Brigade: A Sidelight on the British Military Establishment in America, 1763-1775," Journal of Southern History, 10 (1944), 59-77
98. John Shy, Toward Lexington: The Role of the British Army in the Coming of the American Revolution (Princeton, 1965)
99. John L. Bullion, "Security and Economy: The Bute Administration's Plans for the American Army and Revenue," WMQ, 3d Ser., 45 (1988), 499-509
100. Marriott to the earl of Shelburne, quoted in Percy E. Corbett, Law in Diplomacy (Gloucester, Mass., 1967; orig. pub. 1959), 120
101. See also Philip E. Steinberg, The Social Construction of the Ocean (Cambridge, 2001), chap. 3
102. Carl E. Swanson, "American Privateering and Imperial Warfare, 1739-1748," WMQ, 3d Ser., 42 (1985), 357-82
103. and Nicholas Tracy, Attack on Maritime Trade (Toronto, 1991), esp. 10-70
104. Davenport, ed., European Treaties bearing on the History of the United States, 2:241-46
105. Pares, Colonial Blockade and Neutral Rights, 231-55
106. Magens, Essay on Insurances (London, 1755), 435
107. See also H. M. Scott, British Foreign Policy in the Age of the American Revolution (Oxford, 1990), 284-89
108. and David Syrett, Neutral Rights and the War in the Narrow Seas, 1778-82 (Ft. Leavenworth, Kan., 1985)
109. and The Royal Navy in European Waters during the American Revolutionary War (Columbia, S. C., 1998), 96-109
110. In 1778 and 1779, British privateers clashed repeatedly with Dutch warships in the Caribbean, even as their governments sought to avert a European war after John Paul Jones sought refuge on the island of Texel at the head of the Zuider Zee: see Scott, British Foreign Policy in the Age of the American Revolution, 295-98
111. Madariaga, Britain, Russia, and the Armed Neutrality of 1780
112. For the American response to British naval policy during the Revolution, see Gregg L. Lint, "The American Revolution and the Law of Nations, 1776-1789," Diplomatic History, 1 (1977), 20-34
113. John E. Crowley, The Privileges of Independence: Neomercantilism and the American Revolution (Baltimore, 1993), chap. 3
114. and Richard Buel, Jr., In Irons: Britain's Naval Supremacy and the American Revolutionary Economy (New Haven, 1998), chap. 4
115. Carlyle, The Justice and Necessity of the War with Our American Colonies Examined. A Sermon, preached at Inveresk, December 12, 1776 (London, 1777), 36
116. See also The Sentiments of an Impartial Member of Parliament ... (London, 1762), 24-25: "Behold us the masters, the sovereigns, the tyrants of the sea."
117. Florence Lewisohn, "St. Eustatius: Depot for Revolution," Rivista/Review Interamericana, 5 (1975-1976), 626-36
118. Andrew Jackson O'Shaughnessy, An Empire Divided: The American Revolution and the British Caribbean (Philadelphia, 2000), 216-20
119. see also O'Shaughnessy, Empire Divided, 220-26
120. Rodney to the marquis de Bouillé, Maryland Gazette, May 31, 1781
121. Benton, Law and Colonial Cultures, 2-3 and passim
122. See also Rajat Kanta Ray, "Indian Society and the Establishment of British Supremacy, 1765-818," in Marshall, ed., Eighteenth Century, 510
123. Charles Henry Alexandrowicz, An Introduction to the History of the Law of Nations in the East Indies ... (Oxford, 1967)
124. and H. V. Bowen, Revenue and Reform: The Indian Problem in British Politics, 1757-1773 (Cambridge, 1991)
125. Windler, "Diplomatic History as a Field for Cultural Analysis: Muslim-Christian Relations in Tunis, 1700-1840," Historical Journal, 44 (2001), 80-81
126. Colley, "Britain and Islam, 1600-1800," Yale Review, 88 (Oct. 2000), 3
127. The prevalence of North African piracy is a matter of some debate: Godfrey Fisher, Barbary Legend: War, Trade and Piracy in North Africa, 1415-1830 (Oxford, 1957), 6-12, discounts the significance and incidence of Barbary depredations on European commerce; on the other hand, Colley largely accepts their existence into the middle decades of the 18th century
128. See also Nabil Matar, Turks, Moors, and Englishmen in the Age of Discovery (New York, 1999), esp. chap. 4
129. Colley, "Going Native, Telling Tales: Captivity, Collaborations and Empire," Past and Present, No. 168 (2000), 170-93
130. and Robert C. Davis, "Counting European Slaves on the Barbary Coast," Past and Present, No. 172 (2001), 87-124
131. M. S. Anderson, "Great Britain and the Barbary States in the Eighteenth Century," Bull. Inst. Hist. Research, 29 (1956), 87-107
132. William Waller Hening, ed., The Statutes at Large: Being a Collection of All the Laws of Virginia ..., 13 vols. (Richmond, 1809-1823), 3:447-48
133. M. S. Anderson, "Great Britain and the Barbary States in the Eighteenth Century"; see also Nicholas B. Harding, "North African Piracy, the Hanoverian Carrying Trade, and the British State, 1728-1828," Historical Journal, 43 (2000), 25-47
134. M. S. Anderson, "Great Britain and the Barbary States in the Eighteenth Century," 90
135. See also Robert J. Allison, The Crescent Obscured: The United States and the Muslim World, 1776-1815 (Oxford, 1995)
136. and James R. Sofka, "The Jeffersonian Idea of National Security: Commerce, the Atlantic Balance of Power, and the Barbary War, 1786-1805," Diplomatic History, 21 (1997), 531-32
137. Hopson to Lords of Trade, Oct. 1, 1753, CO 217/14/305, PRO; Richard White, The Middle Ground: Indians, Empires, and Republics in the Great Lakes Region, 1650-1815 (Cambridge, 1991)
138. For European-Indian treaties and relations generally, see Dorothy V. Jones, License for Empire: Colonialism by Treaty in Early America (Chicago, 1982)
139. Robert A. Williams, The American Indian in Western Legal Thought: The Discourses of Conquest (Oxford, 1990)
140. and Linking Arms Together: American Indian Treaty Visions of Law and Peace, 1600-1800 (Oxford, 1997)
141. James H. Merrill, "'The Customes of Our Countrey': Indians and Colonists in Early America," in Bernard Bailyn and Philip D. Morgan, eds., Strangers within the Realm: Cultural Margins of the First British Empire (Chapel Hill, 1991), 117-56
142. Edward Countryman, "Indians, the Colonial Order, and the Social Significance of the American Revolution," WMQ, 3d Ser., 53 (1996), 342-62
143. Colin G. Calloway, New Worlds for All: Indians, Europeans, and the Remaking of Early America (Baltimore, 1998), chap. 6
144. and Daniel K. Richter, "Native Peoples of North America and the Eighteenth-Century British Empire," in Marshall, ed., Eighteenth Century, 347-71
145. and Facing East from Indian Country: A Native History of Early America (Cambridge, Mass., 2001)
146. Smollett, The Expedition of Humphrey Clinker (1771), ed. Angus Ross (London, 1985), 230
147. For the midcentury popularity of captivity narratives generally in Britain, see Colley, "Going Native, Telling Tales"; for captivity narratives in America, see Calloway, ed., North Country Captives: Selected Narratives of Indian Captivity from Vermont and New Hampshire (Hanover, N. H., 1992)
148. June Namias, White Captives: Gender and Ethnicity on the American Frontier (Chapel Hill, 1993)
149. and John Demos, The Unredeemed Captive: A Family Story from Early America (New York, 1994)
150. See also Daniel H. Usner, Jr., Indians, Settlers, and Slaves in a Frontier Exchange Economy: The Lower Mississippi Valley before 1783 (Chapel Hill, 1992), 77-104
151. For the apparent brutality (in British eyes) of Indian warfare generally, see Steele, Betrayals: Fort William Henry and the "Massacre" (Oxford, 1990)
152. and Fred Anderson, Crucible of War, passim
153. Nicolas Hudson, "'Britons Never Will Be Slaves': National Myth, Conservatism, and the Beginnings of British Antislavery," Eighteenth-Century Studies, 34 (2001), 566-68
154. Davis, Problem of Slavery in Western Culture, pts. 1, 2
155. Darold D. Wax, "A Philadelphia Surgeon on a Slaving Voyage to Africa, 1749-1751," Pennsylvania Magazine of History and Biography, 92 (1968), 472
156. Adams, Remarks on the Country Extending from Cape Palmas to the River Congo (1823), 54
157. both quoted in Robin Law, "'Here Is No Resisting the Country': The Realities of Power in Afro-European Relations on the West African 'Slave Coast,'" Itinerario, 18 (1994), 61
158. For British-African relations in West Africa generally, see Philip D. Curtin, The Image of Africa: British Ideas and Action, 1780-1850 (London, 1965)
159. John K. Thornton, Africa and Africans in the Making of the Atlantic World, 1400-1800, 2d ed. (Cambridge, 1998), pt. 2
160. David Richardson, "The British Empire and the Atlantic Slave Trade, 1660-1807," in Marshall, ed., Eighteenth Century, 462-63
161. and Eltis, Rise of African Slavery in the Americas, 154
162. Lambert, ed., House of Commons Sessional Papers, 69:15
163. Quoted in Hugh Thomas, The Slave Trade: The Story of the Atlantic Slave Trade, 1440-1870 (New York, 1997), 468-69
164. Ira Berlin, "From Creole to African: Atlantic Creoles and the Origins of African-American Society in Mainland North America," WMQ, 3d Ser., 53 (1996), 251-88
165. Orlando Patterson, "Slavery and Slave Revolts: A Sociohistorical Analysis of the First Maroon War, 1665-1740," in Richard Price, ed., Maroon Societies: Rebel Slave Communities in the Americas, 3d ed. (Baltimore, 1996), 260-75
166. Mavis C. Campbell, The Maroons of Jamaica, 1655-1796: A History of Resistance, Collaboration, and Betrayal (Trenton, N. J., 1990), chaps. 4-5
167. For slave resistance and rebellion elsewhere in British America, see Michael Craron, Testing the Chains: Resistance to Slavery in the British West Indies (Ithaca, 1982)
168. David Barry Gaspar, Bondsmen and Rebels: A Study of the Master-Slave Relations in Antigua (Baltimore, 1985)
169. Campbell, Maroons of Jamaica, 115
170. Douglas Hall, In Miserable Slavery: Thomas Thistlewood in Jamaica, 1750-1786 (Kingston, Jam., 1989), 244
171. Richard B. Sheridan, "The Jamaican Slave Insurrection Scare of 1776 and the American Revolution," Journal of Negro History, 61 (1976), 290-308
172. For trends in planter-slave relations generally, see J. R. Ward, "The British West Indies in the Age of Abolition, 1748-1815," in Marshall, ed., Eighteenth Century, 436-38
173. and Selwyn H. H. Carrington, "Eighteenth Century Political Conflict in the British Empire: A Case Study of St. Vincent, 1775-1779." Journal of Caribbean History, 20 (1985-1986), 147-67. The treaty received the consent of the Privy Council and is sometimes cited as a precursor of New Zealand's celebrated Anglo-Maori Treaty of Waitangi (1840)
174. Douglas Grant, The Fortunate Slave: An Illustration of African Slavery in the Early Eighteenth Century (London, 1968), 51
175. See also Paul E. Lovejoy and David Richardson, "Trust, Pawnship, and Atlantic History: The Institutional Foundations of the Old Calabar Slave Trade," American Historical Review, 104 (1999), 333-55
176. On the Anglicization of colonial law generally, see John M. Murrin, "The Legal Transformation: The Bench and Bar of Eighteenth-Century Massachusetts," in Katz and Murrin, eds., Colonial America: Essays in Politics and Social Development, 3d ed. (New York, 1983), 540-71
177. Cornelia Hughes Dayton, Women before the Bar: Gender, Law, and Society in Connecticut, 1639-1789 (Chapel Hill, 1995)
178. and Holly Brewer, "Entailing Aristocracy in Colonial Virginia: 'Ancient Feudal Restraints' and Revolutionary Reform," WMQ, 3d Ser., 54 (1997), 307-46
179. West, "On English Common and Statute Law in Settled Colonies," June 20, 1720, in Madden and Fieldhouse, eds., Select Documents, 2:192
180. Wiener, ed., Great Britain, 3:2077
181. Gould, Persistence of Empire, chap. 4
182. Peter N. Miller, Defining the Common Good: Empire, Religion, and Philosophy in Eighteenth-Century Britain (Cambridge, 1994)
183. [Whately], Regulations Lately Made, 39-40
184. See, esp., R. A. Humphreys, "Lord Shelburne and the Proclamation of 1763," English Historical Review, 49 (1934), 245-50
185. Jack Sosin, Whitehall and the Wilderness: The Middle West in British Colonial Policy, 1760-1775 (Lincoln, Neb., 1961), 27-78
186. Eric Hinderaker, Elusive Empires: Constructing Colonialism in the Ohio Valley, 1673-1800 (Cambridge, 1997), 165, 168-70
187. and Fred Anderson, Crucible of War, pts. 7, 8
188. See also Thomas Pownall, The Right, Interest, and Duty, of Government, as concerned in The Affairs of the East Indies (London, 1781), 10-11, who took a similarly broad view of the rights in Britain's "settlements in America and the coasts of Africa" because they were situated in lands where "the natives have no fixed occupancy ... and where there is no established known form of government, or communion uniting [them] into a collective body."
189. in Price, Two Tracts on Civil Liberty, the War with America, and the Debts and Finances of the Kingdom (1778) (New York, 1972)
190. Fred Anderson, A People's Army: Massachusetts Soldiers and Society in the Seven Years' War (Chapel Hill, 1984), 111-15, 167-95
191. Selesky, War and Society in Colonial Connecticut, 185, 208
192. George Thomas, A Letter to the Lords of Trade (Philadelphia, 1740), 1
193. [Franklin], Plain Truth: Or, Serious Considerations on the Present State of the City of Philadelphia ... (Philadelphia, 1747), 4 (emphasis added)
194. Richter, "Native Peoples of North America," 365
195. Jones, License for Empire, 93-120
196. Jack P. Greene, Peripheries and Center: Constitutional Development in the Extended Polities of the British Empire and the United States, 1607-1788 (New York, 1986, 1990), xi and passim
197. See also John Phillip Reid, In Defiance of the Law: The Standing-Army Controversy, the Two Constitutions, and the Coming of the American Revolution (Chapel Hill, 1981)
198. Bolts, Considerations on India Affairs; Particularly respecting the Present State of Bengal and its Dependencies, 2d ed., 3 vols. (London, 1772-1775), 1:vi
199. Hinderaker, Elusive Empires, 193-94
200. On the relative scarcity of guns and gun ownership in colonial America, see Michael A. Bellesiles, Arming America: The Origins of a National Gun Culture (New York, 2000)
201. but see also the problems with Bellesiles's analysis and use of archival evidence in Robert H. Churchill, "Guns and the Politics of History," Reviews in American History, 29 (2001), 329-37
202. and the Forum, "Historians and Guns," WMQ, 3d Ser., 59 (2002), 203-68
203. ["Friend to both countries"], America Vindicated from the High Charge of Ingratitude and Rebellion ... (Devizes, 1774), 9-11
204. See also [Josiah Tucker], The Important Question concerning Invasions, a Sea-War, Raising the Militia, and Paying the Subsidies for Foreign Troops (London, 1755), 29
205. Blackstone, Commentaries, ed. Katz et al., 1:411
206. Smith v. Brown and Cooper, 2 Salkeld 666, (n. d.), in Catterall, ed., Judicial Cases concerning American Slavery, 1:11
207. Oldham, "New Light on Mansfield and Slavery," 27-63
208. Shyllon, Black Slaves in Britain, 169
209. Clarkson, History of the Rise, Progress, and Accomplishment of the Abolition of the African Slave-Trade, 1:78-79
210. Elsa Goveia, "The West Indian Slave Laws of the Eighteenth Century," Chapters in Caribbean History, 2 (1970), 21
211. See also William M. Wiecek, "The Statutory Law of Slavery and Race in the Thirteen Mainland Colonies of British America," WMQ, 3d Ser., 34 (1977), 258-80
212. This resistance to the law was closely related to the persistence of African religious beliefs; for slaves' "creation of a coherent culture" generally, see Morgan, Slave Counterpoint, xxii-xxiii
213. Edwards, History, Civil and Commercial, of the British Colonies in the West Indies, vol. 3 (1801), 36
214. Christopher L. Brown, "Empire without Slaves: British Concepts of Emancipation in the Age of the American Revolution," WMQ, 3d Ser., 56 (1999), 273-306
215. For the conjunction between British humanitarianism and imperial authoritarianism generally, see P. J. Marshall, "Empire and Authority in the Later Eighteenth Century," Journal of Imperial and Commonwealth History, 15 (1987), 105-22
216. Quoted in Craton, Sinews of Empire: A Short History of British Slavery (Garden City, N. Y., 1974), 171
217. Sosin, Whitehall and the Wilderness
218. Davis, Problem of Slavery in the Age of Revolution
219. Brown, "Empire without Slaves"
220. Moira Ferguson, Subject to Others: British Women Writers and Colonial Slavery, 1670-1834 (New York, 1992)
221. Thomas Bender, ed., The Antislavery Debate: Capitalism and Abolitionism As a Problem in Historical Interpretation (Berkeley, 1992)
222. J. R. Oldfield, Popular Politics and British Anti-Slavery: The Mobilization of Public Opinion against the Slave Trade, 1787-1807 (Manchester, 1995)
223. On religion, see Jon Butler, Awash in a Sea of Faith: Christianizing the American People (Cambridge, Mass., 1990)
224. and J.C.D. Clark, The Language of Liberty, 1660-1832: Political Discourse and Social Dynamics in the Anglo-American World (Cambridge, 1994)
225. On the environment, see Dorinda Outram, "On Being Perseus: New Knowledge, Dislocation, and Enlightenment Exploration," in David N. Livingstone and Charles W. J. Withers, eds., Geography and Enlightenment (Chicago, 1999), 281-94
226. and Drayton, Nature's Government
227. On race, see Roxann Wheeler, The Complexion of Race: Categories of Difference in Eighteenth-Century British Culture (Philadelphia, 2000)
228. James Sidbury, "Early Slave Narratives and the Culture of the Atlantic Market," in Gould and Peter Onuf, eds., Empire and Nation: The American Revolution and the Atlantic World (Baltimore, forthcoming)
229. and Joyce Chaplin, "Race," in Armitage and Braddick, eds., British Atlantic World, 154-72
230. Otis, The Rights of the British Colonies Asserted and Proved, 2d ed. (London, 1765). 36-37