'Our passion for legality': International law and imperialism in late nineteenth-century Britain

Review of International Studies

Volumn 34, Issue 3, 2008, Pages 403-423

  Sylvest, Casper ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 44849108064     PISSN: 02602105     EISSN: 14699044     Source Type: Journal    
DOI: 10.1017/S0260210508008097     Document Type: Article

References (175)

1. Anthony Anghie, 'On Critique and the Other', in A. Orford (ed.), International Law and its Others (Cambridge: Cambridge University Press, 2006), pp. 389-400, at 392.
2. See also Michael Cox, 'Empire, Imperialism and the Bush Doctrine', Review of International Studies, 30 (2004), pp. 585-608.
3. See, for example, Christian Reus-Smit, 'Liberal Hierarchy and the Licence to Use Force', Review of International Studies, 31 (2005), pp. 71-92;
4. Helen M. Kinsella, 'Discourses of Difference: Civilians, Combatants, and Compliance with the Laws of War', Review of International Studies, 31 (2005), pp. 163-85;
5. Jean Cohen, 'Whose Sovereignty? Empire versus International Law', Ethics and International Affairs, 18 (2004/5), pp. 1-24.
6. Geoffrey Roberts, 'History, Theory and the Narrative Turn in IR', Review of International Studies, 32 (2006), pp. 703-15, at p. 704.
7. See also Quentin Skinner, Visions of Politics, 3 vols (Cambridge: Cambridge University Press, 1998), vol. I, p. 6.
8. Travers Twiss, The Law of Nations Considered as Independent Political Communities: On the Rights and Duties of Nations in Time of Peace, revised edn (Oxford: Clarendon Press, 1884 [1861]), p. xliii.
9. Thomas Pakenham, The Scramble for Africa, 1876-1912 (London: Weidenfeld and Nicholson, 1993).
10. See Casper Sylvest, 'International Law in Nineteenth-Century Britain', British Yearbook of International Law 2004, 75 (Oxford: Clarendon Press, 2005), pp. 9-70.
11. See, for example, Duncan Bell and Casper Sylvest, 'International Society in Victorian Political Thought: T. H. Green, Herbert Spencer, and Henry Sidgwick', Modern Intellectual History, 3 (2006), pp. 207-38;
12. Casper Sylvest, 'Continuity and Change in British Liberal Internationalism, c. 1900-1930', Review of International Studies, 31 (2005), pp. 263-83.
13. For a wider perspective, see Martti Koskenniemi, The Gentle Civilizer of Nations: The Rise and Fall of International Law 1870-1960 (Cambridge: Cambridge University Press, 2001).
14. Anthony Anghie, Imperialism, Sovereignty and the Making of International Law (Cambridge: Cambridge University Press, 2005), p. 3;
15. Anghie, 'Finding the Peripheries: Sovereignty and Colonialism in Nineteenth-Century International Law', Harvard International Law Journal, 40:1 (1999), pp. 1-80, at 5.
16. But cf. also David Armitage, 'Is There a Pre-history of Globalization?', in Deborah Cohen and Maura O'Connor (eds), Comparison and History: Europe in Cross-National Perspective (London: Routledge, 2004), pp. 169-80.
17. Apart from Anghie's work I am also indebted to the following: Brett Bowden, 'The Colonial Origins of International Law: European Expansion and the Classical Standard of Civilization', Journal of the History of International Law, 7 (2005), pp. 1-23;
18. Gerrit W. Gong, The Standard of 'Civilization' in International Society (Oxford: Clarendon Press, 1984);
19. Edward Keene, Beyond the Anarchical Society: Grotius, Colonialism and Order in World Politics (Cambridge: Cambridge University Press, 2002);
20. Koskenniemi, The Gentle Civilizer, ch. 2;
21. Frérdéric Mégret, 'From Savages to "Unlawful Combatants": a Postcolonial Look at International Humanitarian Law's Other', in Orford, International Law and its Others, pp. 265-317;
22. Jennifer Pitts, 'The Boundaries of International Law', in D. Bell (ed.), Victorian Visions of Global Order: Empire and International Relations in Nineteenth Century Political Thought (Cambridge: Cambridge University Press, 2007), pp. 67-88;
23. Gerry Simpson, Great Powers and Outlaw States: Unequal Sovereigns in the International Legal Order (Cambridge: Cambridge University Press, 2004).
24. Richard Tuck, The Rights of War and Peace: Political Thought and the International Order from Grotius to Kant (Oxford: Oxford University Press, 2001), ch. 3.
25. See also Keene, Beyond the Anarchical Society.
26. Koskenniemi, The Gentle Civilizer, p. 169.
27. John Stuart Mill, 'Civilization' [1836] reprinted in Collected Works of John Stuart Mill, ed. J. M. Robson, 33 vols (Toronto: University of Toronto Press, 1963-1991), XVIII, pp. 117-47, at 119.
28. Robert Phillimore, International Law: Inaugural Lecture (London: Butterworths, 1879), p. 13. For a subtle analysis of the statism involved in such formulations, see Mégret, 'From Savages to "Unlawful Combatants" '.
29. For a telling illustration, see John Stuart Mill, 'A Few Words on Non-intervention' [1859], reprinted in Collected Works, XXI, pp. 109-24, esp. pp. 118-19.
30. For different analyses, see Beate Jahn, 'Barbarian Thoughts: Imperialism in the Philosophy of John Stuart Mill', Review of International Studies, 31 (2005), pp. 599-618;
31. Jennifer Pitts, A Turn to Empire: The Rise of Imperial Liberalism in Britain and France (Princeton, NJ: Princeton University Press, 2005), ch. 5;
32. Mark Tunick, 'Tolerant Imperialism: John Stuart Mill's Defense of British Rule in India', The Review of Politics, 68 (2006), pp. 586-611.
33. For an overview, see Koskenniemi, The Gentle Civilizer, ch. 2.
34. Apart from Twiss and Westlake, other British prominent scholars at the time, such as W. E. Hall and T. J. Lawrence, shared this outlook. See, for example [Annelise Riles], 'Aspiration and Control: International Legal Rhetoric and the Essentialization of Culture', Harvard Law Review, 106 (1993), pp. 723-40;
35. Koskenniemi, The Gentle Civilizer, p. 108.
36. At this time the government took advice on international law from the Queen's Advocate: After Twiss's resignation in 1872 (more on which below), the system was terminated. See D. H. N. Johnson, 'The English Tradition in International Law', International and Comparative Law Quarterly, 11 (1962), pp. 416-45, esp. pp. 434n, 436.
37. Travers Twiss, The Law of Nations Considered as Independent Political Communities, 2 vols (Oxford: Oxford University Press, 1861-1863);
38. Twiss, Two Introductory Lectures on the Science of International Law (London: Longman, 1856).
39. For a brilliant analysis of the Institute and its rationale, See Koskenniemi, The Gentle Civilizer of Nations, pp. 11-97.
40. Twiss became an active member of the Institute from 1874. He acted as vice-president in 1878, 1879, and 1885. He was an ordinary member 1874-1891 and an honorary member 1891-1897.
41. Twiss, Two Introductory Lectures, p. 60.
42. Ibid., p. 59.
43. Twiss, The Law of Nations, I, pp. vii-ix.
44. Ibid., p. 84.
45. Ibid., p. 147.
46. See also p. 148 and the discussion in Pitts, 'The Boundaries of International Law'.
47. See John Locke, Two Treatises of Government, ed. P. Laslett (Cambridge: Cambridge University Press, 1988),
48. bk. II, ch. V, esp. §§26, 32,
49. and Emer de Vattel, The Law of Nations, ed. by B. Kapossy and R. Whatmore (Indianapolis, IN: Liberty Fund, 2008),
50. bk. I, ch. 7, esp. §81.
51. For the broader background to the terra nullius doctrine, see David Boucher, 'Property and Propriety in International Relations: the Case of John Locke', in Beate Jahn (ed.), Classical Theory in International Relations (Cambridge: Cambridge University Press, 2006), pp. 156-77;
52. Anthony Pagden, 'Human Rights, Natural Rights, and Europe's Imperial Legacy', Political Theory, 31 (2003), pp. 171-99;
53. Jörg Fisch, 'Africa as terra nullius: the Berlin Conference and International Law', in Stig Förster, Wolfgang J. Mommsen and Ronald Robinson (eds), Bismarck, Europe, and Africa: The Berlin Africa Conference 1884-1885 and the Onset of Partition (Oxford: Oxford University Press, 1988), pp. 347-75.
54. Politicians also exploited such arguments. For example, in 1888, Joseph Chamberlain argued that African territories inhabited by tribes were in fact unoccupied as '[t]he tribes and Chiefs that exercise domination in them cannot possibly occupy the land or develop its capacity' (quoted in Iain R. Smith, The Origins of the South African War, 1899-1902 [London: Longman, 1996] p. 59).
55. Twiss, Law of Nations, I, pp. 160, 189-92.
56. Twiss, 'Applicability of the European Law of Nations to African Slave States', Law Magazine and Review, 220 (1876), pp. 409-37, at 412.
57. For very detailed descriptions of the case and the proceedings, see The Times, 4, 6, 8, 9 and 13 March 1872.
58. The 'most unexpected and painful conclusion' of the case is relayed in The Times, 14 March 1872.
59. Twiss's resignations were publicised a week later (The Times, 21 March 1872).
60. Chaffers was unrepentant in trying to reveal this delicate case of identity fraud. In 1882 he tried to get a warrant for Lady Twiss for perjury after becoming aware that she was in England. See The Times, 19 May 1882.
61. See, for instance, James L. Newman, Imperial Footprints: Henry Morton Stanley's African Journeys (Washington, DC: Potomac Books, 2004).
62. On Leopold II's imperial ambitions, see Adam Hochshild, King Leopold's Ghost: A Story of Greed, Terror and Heroism in Colonial Africa (London: Papermac, 2000 [1998]), pp. 36-42;
63. Pakenham, The Scramble for Africa, pp. 11-23;
64. Ruth Slade, King Leopold's Congo: Aspects of the Development of Race Relations in the Congo Independent State (London: Oxford University Press/Institute of Race Relations, 1962), pp. 35-9;
65. Jean Stengers, 'Leopold II and the Association Internationale du Congo', in Förster, Bismarck, Europe, and Africa, pp. 229-44.
66. Hochschild, King Leopold's Ghost, pp. 43-5, 65.
67. See the estimate in Hochschild, King Leopold's Ghost, pp. 232-3.
68. To take just one, startling example: on 22 October 1884, The Daily Telegraph argued that a neutral and free state of Congo would emerge as Leopold with the help of adventurers, traders and missionaries carried 'into the interior of Africa new ideas of law, order, humanity, and protection of the natives. Deprived as the King by position is, of an opportunity of playing a great part in European politics, he takes his revenge nobly, applying his mind and money to a lofty end, and becoming the Scipio Africanus of our time'. Quoted in W. M. Roger Louis, 'The Belgian Congo Conference', in P. Gifford and W. M. Roger Louis (eds), France and Britain in Africa: Imperial Rivalry and Colonial Rule (New Haven, CT: Yale University Press, 1971), pp. 167-220, at 182.
69. Henry Wellington Wack, The Story of the Congo Free State (London: Putnam, 1905), p. v.
70. See, for example, E. D. Morel, King Leopold's Rule in Africa (London: William Heinemann, 1904).
71. On Morel, see Hochshild, King Leopold's Ghost, chs 11-18;
72. Bernard Porter, Critics of Empire: British Radical Attitudes to Colonialism in Africa, 1895-1914 (London: Macmillan, 1968), ch. 8;
73. Pakenham, The Scramble for Africa, ch. 32.
74. For some early, tentative criticisms of Leopold's rule, see J. Scott Keltie, The Partition of Africa (London: Edward Stanford, 1893), pp. 218, 222.
75. And for a poignant attack, S. L. Clemens [Mark Twain], King Leopold's Soliloquy: A Defense of his Congo Rule, 2nd edn (Boston, MA: Warren and Co., 1907 [1905]).
76. See, for example, the analyses in L. H. Gann, 'The Berlin Conference and the Humanitarian Conscience', and Suzanne Miers, 'Humanitarianism at Berlin: Myth or Reality', in Förster, Bismarck, Europe and Africa, pp. 321-31 and 333-45, respectively.
77. This is best brought out in Travers Twiss, An International Protectorate of the Congo River (London: Pewtress & Co., 1883), p. 4.
78. Travers Twiss, 'La Libre Navigation du Congo' (I), Revue de Droit International de Législation Comparée, 15:5 (1883), pp. 437-42;
79. Travers Twiss, 'La libre navigation du Congo' (II), Revue de Droit International de Législation Comparée, 15:6 (1883), pp. 547-63.
80. The first article was republished in French (Bruxelles: Muquardt, 1884).
81. Twiss's arguments for an international protectorate were also published in English. See Twiss, An International Protectorate, from which it was also translated into Italian (Travers Twiss, Di un protettorato internazionale del fiume Congo [Torino: V. Bona, 1883]).
82. This version was a reprint of an article of the same title from the Law Magazine and Review, 250 (1883), pp. 1-20. The article contained a short postscript on the term 'protectorate', which was not included in the pamphlet.
83. Twiss, 'La Libre Navigation du Congo' (I) and An International Protectorate, p. 11.
84. See also the discussion in Jesse Siddall Reeves, The International Beginnings of the Congo Free State (Baltimore, MD: Johns Hopkins University Press, 1894), pp. 60-4.
85. These issues were later resolved, in the main, along the lines suggested by Twiss, in the General Act of the Berlin Conference, ch. IV: see the reprint of the Act and other documents concerning the Congo in American Journal of International Law, 3:1 (1909), Supplement: Official Documents, pp. 5-95.
86. Stanley claimed to have 'negotiated' more than 400 such treaties before the establishment of the Congo Free State. See Henry M. Stanley, The Congo and the Founding of its Free State: A Story of Work and Exploration, 2 vols (London: Sampson Low, Marston, Searly & Rivington, 1885), I, p. 18 and II, p. 379.
87. Twiss, 'La libre navigation du Congo' (II). Also translated and reprinted as 'The Free Navigation of the Congo' in Wack, The Story of the Congo Free State, pp. 502-15, at 504. I consider this question to be distinct from the question of cession of territory to chartered companies or regulated companies with delegated Royal powers, although it was sometimes claimed, by Twiss among others, that such companies (in particular the British North Borneo Company which was delegated a right to acquire territory) could be likened to private associations in this respect.
88. Twiss, 'The Free Navigation of the Congo', p. 504.
89. This concerned both their status as subjects of international law and whether they understood the treaties and their implications. In 1919 Arthur Berridale Keith, the renowned Professor of Sanskrit and Comparative Philology at Edinburgh and an authority on the colonial dimension of constitutional and international law, sardonically pointed out that the terms of the treaties were often unintelligible to the natives. In particular he referred to the case of Pallaballa, 'where a new treaty of January 8, 1884, was required to explain the first treaty of January 8, 1883' Arthur Berridale Keith, The Belgian Congo and the Berlin Act (Oxford: Clarendon Press, 1919), p. 49n.
90. Twiss, 'The Free Navigation of the Congo', p. 509.
91. Ibid., p. 510.
92. In the early seventeenth century, Grotius had advanced a similar argument in order to refute Gentili's (Protestant) view that infidels could not be trusted to abide by treaties. See Tuck, Rights of War and Peace, pp. 92-4.
93. See, for example, Sir Travers Twiss et le Congo. Reponse á la Revue de droit international et de legislation compare et au Law Magazine and Review, par un Membre de la Societé Royale de Geographie d'Anvers (Bruxelles: Lebégue, 1884),
94. and Karl Heimburger, Der Erwerb des Gebietshoheit: Eine Staats- und Völkerrechtliche Studie. I. Teil (Karlsruhe: Druck der G. Braun'schen Hofbuchdruckerei, 1888).
95. After noting how a number of other lawyers (Delauard, Stengel, Cantellani) also referred to the Middle Ages when presenting analogous arguments about acquisition of territory, Heimburger critically dissected Twiss's arguments and exposed their fragility. Heimburger, however, wrote with a view to the standing of German colonies, and his views on territorial acquisition in Africa were hardly preferable: the power struggles leading to de facto sovereignty and preceding recognition by other states did not form part of international law and could not be discussed in the idiom of legitimacy. According to this logic the General Act of the Berlin Conference amounted to a Magna Carta of international colonial law and only recognition (based on de facto sovereignty) conferred legal sovereignty. Heimburger, Erwerb des Gebietshoheit, esp. pp. 4-5, 47-9, 66, 72, 75.
96. Leopold and his associations did not have (and did not claim) effective occupation of Congo's enormous territory at the time of the Berlin conference. See Jesse S. Reeves, 'The Origin of the Congo Free State, Considered from the Standpoint of International Law', American Journal of International Law, 3 (1909), pp. 99-118, esp. pp. 100-2.
97. See also Keith, The Belgian Congo, p. 65.
98. For a wider analysis of the legal issues involved, M. F. Lindley, The Acquisition and Government of Backward Territory (London: Longmans, Green and Co., 1926) and Koskenniemi, The Gentle Civilizer, ch. 2.
99. See the Report dated 26 March 1884 and the (untitled) article by Egidé Arntz, both reprinted in Wack, The Story of the Congo Free State, pp. 492-516.
100. Stanley, The Congo, II, p. 380.
101. Hochshild, King Leopold's Ghost, p. 71.
102. Louis, 'The Berlin Congo Conference', pp. 199-200.
103. Pakenham, The Scramble for Africa, p. 246.
104. This was largely achieved: see ch. V of the Berlin Act, which gave Britain and France responsibility for the lower and upper Niger respectively.
105. For a good description of the political and diplomatic wrangling before and during the conference, see Keith, The Belgian Congo, chs 3 and 4.
106. The Times, 19 January 1885.
107. Stengers, 'Leopold II and the Association Internationale du Congo', p. 230.
108. The treaty later formed the basis of similar treaties between the association and other countries, except the Belgian treaty which referred to the Belgian constitution's non-allowance of colonies and turned the Congo Free State into the private property of King Leopold II - not, that is, the property of Belgium or the property of Leopold as king of the Belgians, but the personal property of Leopold.
109. This is claimed by several sources. See The Times, 8 November 1884 and 9 January 1885, and Louis, 'The Berlin Congo Conference', p. 200. I have not succeeded in recovering the constitution.
110. This would in practice have made the Congo a British sphere of influence. See Roger Anstey, Britain and the Congo in the Nineteenth Century (Oxford: Clarendon Press, 1962),
111. ch. 9, especially pp. 197, 200.
112. Stanley also took a strong interest in the railway question. See Keith, The Belgian Congo, pp. 70-1.
113. Stengers, 'Leopold II and the Association Internationale du Congo', p. 240.
114. As a measure of the success of this operation, it is worth noting that in the beginning of the twentieth century, Lassa Oppenheim argued that Liberia and the Congo were 'the only real and full [African] members of the Family of Nations.' Lassa Oppenheim, International Law: A Treatise, 2 vols (London: Longmans, Green and Co., 1905-6), vol. I, p. 156.
115. Others included a string of Belgian international lawyers, Stanley and General H. S. Sanford in the American delegation and (perhaps) Colonel Stauch in the Belgian.
116. The predicament of the Congo can explain Twiss's inconsistency in invoking the principle of occupation. Twiss referred to this principle when denying Portuguese claims to sovereignty over part of the West African coast (see Twiss, An International Protectorate, pp. 13-14), but he stuck to arguments about cession when discussing the claim of Leopold and his associations in the Congo.
117. Fisch, 'Africa as terra nullius', pp. 358-60.
118. See also Anghie ('Finding the Peripheries'), p. 62, who comments on the reversal by which treaties of cession came to be seen as a legitimate way of acquiring territory. Note, however, that later developments and the establishment of Colonial protectorates made it possible again to view African territory as terra nullius which, in a further reversal, denied validity to the treaties.
119. Westlake was a member from 1873-1898, honorary member from 1898-1913, and permanent honorary president from 1910.
120. Lassa Oppenheim, 'Editor's Introduction' in The Collected Papers of John Westlake on Public International Law, ed. L. Oppenheim (Cambridge: Cambridge University Press, 1914), pp. v-xii, esp. p. x.
121. John Westlake, 'England and France in West Africa', Contemporary Review, 73 (April 1898), pp. 582-92, at 589.
122. Westlake, Chapters on International Law, in Collected Papers, pp. xix-282, at 142.
123. Ibid., p. 151.
124. Ibid., p. 152.
125. Ibid., p. 143.
126. Ibid., p. 145.
127. See also the remarks on Japan in John Westlake, 'Introduction' in Sakuye' Takahashi, Cases and International Law during the Chino-Japanese War (Cambridge: Cambridge University Press, 1899), pp. xv-xxviii.
128. The literature on the South African War is voluminous. See for example, Thomas Pakenham, The Boer War (London: Abacus, 1992 [1979]);
129. Peter Warwick (ed.), The South African War: The Anglo-Boer War 1899-1902 (London: Longman, 1980);
130. Donal Lowry (ed.), The South-African War Reappraised (Manchester: Manchester University Press, 2000).
131. Lord Salisbury quoted in Andrew Roberts, Lord Salisbury: Victorian Titanw (London: Phoenix, 2000 [1999]), p. 735.
132. See 'Ultimatum of the South African Republic, 9 October 1899',
133. reprinted in Hugh Williams et al., 'Selected Official Documents of the South African Republic and Great Britain: A Documentary Perspective of the Causes of the War in South Africa', Annals of the American Academy of Political Science, 16, supplement 14 (1900), pp. 1-72, at 57-61.
134. 'Reply of Great Britain' in 'Selected Official Documents', p. 61.
135. For a historiographical survey, see Smith, The Origins of the South African War; Smith, 'A Century of Controversy over Origins', in Lowry, The South-African War Reappraised, pp. 23-49.
136. The wider historical background is presented in Leonard Thompson, A History of South Africa, 3rd edn (New Haven, CT: Yale University Press, 2001), esp. chs 3 and 4;
137. Robert Ross, A Concise History of South Africa (Cambridge: Cambridge University Press, 1999), chs 2 and 3.
138. Uitlanders were foreign migrants (literally: out-landers).
139. See primarily J. A. Hobson, 'Capitalism and Imperialism in South Africa', Contemporary Review, LXXVII (January-June, 1900), pp. 1-17;
140. Hobson, The War in South Africa: Its Causes and Effects (London: Nisbet, 1900);
141. Hobson, Imperialism: A Study (London: Nisbet, 1902).
142. See, for example, Pakenham, The Boer War; Roberts, Lord Salisbury, pp. 714-833.
143. 'The Convention of Pretoria, 3 August 1881' reprinted as appendix I in D. M. Schreuder, Gladstone and Kruger: Liberal Government and 'Home Rule', 1880-1885 (London, Routledge & Kegan Paul, 1969), pp. 489-97, at 489.
144. This volume also contains an excellent analysis of the suzerainty issue, esp. chs 4 and 7.
145. Charles Stubbs, 'Suzerainty: Mediæval and Modern', Law Magazine and Review, 7 (1881-1882), pp. 279-318;
146. Stubbs, 'Suzerainty: Mediæval and Modern', Law Magazine and Review, 25 (1899-1900), pp. 413-52, at 413.
147. For other contemporary discussions of the concept, see for example, Malcolm McIlwraith, 'The Rights of a Suzerain', Law Quarterly Review, 12 (1896), pp. 113-15;
148. Malcolm McIlwraith, 'Suzerainty: A Reply', Law Quarterly Review, 12 (1896), pp. 228-9;
149. W. H. H. Kelke, 'Feudal Suzerains and Modern Suzerainty', Law Quarterly Review, 12 (1896), pp. 215-27;
150. Oppenheim, International Law, vol. I, pp. 134-6.
151. Cf. Westlake, Chapters on International Law, p. 90.
152. Roberts, Lord Salisbury, pp. 247-8.
153. See also pp. 731-3.
154. Derby in the House of Lords, 17 March 1884,
155. quoted in Schreuder, Gladstone and Kruger, p. 430.
156. 'Convention of London, 27 February 1884', in 'Selected Documents', pp. 7-14.
157. For a good discussion of these issues, see Schreuder, Gladstone and Kruger, pp. 427-35.
158. John Westlake, 'The Transvaal War' [1899], in Collected Papers, pp. 419-60, at 426.
159. See The Pro-Boers: The Anatomy of an Antiwar Movement, ed. Stephen Koss (Chicago, IL: University of Chicago Press, 1973).
160. See also the remarks in J. H. Grainger, Pariotisms: Britain 1900-1939 (London: Routledge & Kegan Paul, 1986), ch. 9.
161. See James Bryce, Impressions of South Africa, 3rd edn (London: Macmillan, 1899 [1897]), pp. vii-xliv.
162. Sidgwick's scepticism was never made public, but this option (silence or passivity) was also open to Westlake. See A. and E. M. Sidgwick, Henry Sidgwick, A Memoir (London: Macmillan, 1906), pp. 576-81.
163. Westlake, 'The Transvaal War', p. 422.
164. By 1899 Westlake included ideals based on race; after all they worked with some success in Germany and Austria. Westlake, 'The Transvaal War', p. 423.
165. A. V. Dicey, another unionist, argued that 'I am one of the thousands of Englishmen who approved, and still approve, of the war in South Africa because it forbade secession'. A. V. Dicey, Introduction to the Study of the Law of the Constitution, 8th edn (Indianapolis, IN: Liberty Fund, 1982 [1914, 1885]), p. liv.
166. See also Schreuder, Gladstone and Kruger, passim.
167. John Westlake, 'Nationality', Contemporary Review, 53 (January/June, 1888), pp. 229-41, at 231, 235, 239.
168. Ibid., p. 241.
169. Westlake, 'The Transvaal War', p. 425.
170. Ibid., p. 434.
171. See also Westlake's letter to the editor of The Times (22 September 1899).
172. Ibid., p. 442.
173. Ibid., p. 458.
174. Ibid., p. 426 (my italics).
175. Ibid., p. 443n. These arguments also appeared in The Times, 22 September 1899.