Living with Terror and I S – Part I

 

 

What would it be like to live under I S?  From what we know it is a police state run by fanatics by applying terror.  That describes France under Robespierre, Russia under Stalin, and Germany under Hitler.

Terrorism is a broad church.  There are arguments now about labels for killings by fanatics, if not lunatics, who appear to judge and hate people by applying labels to them.  That very circle should make us wary about applying labels to the culprits.  The recent atrocities in the U S and the U K could be described as crimes of hate – if you go in for labels.  The U S attack was immediately described as ‘terrorist’; the U K attack was not.  How significant was the religious claimed affiliation of the first culprit?  How different might be the degrees of mental illness of the two culprits?

In a book called Terror and the Police State, Punishment as a Measure of Despair (Amazon, 2014), I sought to look at aspects of terror in the three regimes mentioned above – involving two of the most civilised nations in the world.

What is terror?  Terror is extreme fear.  If I feel terror, I feel an intense form of fear.  When we talk of ‘the Terror’, we speak of a government that engages in terrorism – it pursues terror (or extreme fear) – for political purposes.  Some people think that terrorism has only recently become a big issue.  They are wrong.  It is as old as humanity.  The book of Genesis is full of it, with God taking an active part in many forms of terror and with terrifying results, as you would expect from a being that is all powerful.  The Oxford English Dictionary says that terrorism is ‘government by intimidation’ and a ‘policy intended to strike with terror those against whom it is adopted’.  The first instance of terrorist in the Oxford is ‘applied to the Jacobins and their agents and partisans in the French Revolution’.  The editor might just as well have referred to the Russian and German examples that we will come to, but in all such cases, including the Jacobins, the terrorists were people in the government.

Except for a limited form in a black hole like North Korea, we do not see terrorism much in government now, at least not in a form that governments own up to.  Some might see the killing of suspected terrorists on foreign soil as an instance of terrorism in itself, but the answer to the question will depend on what side you are on and where you are standing.  If you have just seen your family obliterated by a drone sent by a regime that you regard as being as evil as it is faithless, you will see yourself as a victim of terrorism that entitles if not requires you to respond in kind, and just as randomly.

We still plainly see terrorism in those who try to bring governments down and in religious fanatics who want to achieve either that objective or some other religious purpose.  At the time of writing – in mid-2014 – some fanatics under the label IS are pursuing terrorism to create an Islamic state.  One of their ways of inducing extreme fear is by cutting people’s heads off in public.  This was the preferred mode of terrorism employed by the Jacobin government in France just a few years after the white people from England set up their first colony here as a jail.  The French preferred the guillotine because it was more humane and more efficient, although, as we will see, circumstances would drive them to look for quicker ways to kill, as would be the case with the SS in Germany.

What we see now is people who kill for a belief.  These beliefs confer total certainty and demand total obedience.  These killers kill for a belief that excludes tolerance for any contrary belief and any diversion or softening on other moral grounds. ‘I believe – therefore I kill’.  Credo ergo caedo.  They become what might be called credo killers.  They are prepared to kill and die for a belief because that belief means more to them than life itself – or at least this life.  The promise of eternal life is a real killer.  How do you deal with a religious fanatic who wants to die and who only gets worse in prison?

I propose to post extracts about terrorism from that book.  The role of terror in police states will be looked at under some or all of the following headings: Degradation; Scapegoats, suspicion, and proof; Surveillance; Denunciation; Fear; Popular courts and show trials; Propaganda, religion, and cults; Banality and the surreal; and The Horror.

You may be surprised just how much of the form and substance of the horrors of the twentieth century were prefigured in France at the end of the eighteenth.  We need to get a more balanced view of what ‘terrorism’ means.  There are of course differences between the terrorism practised in the three regimes dealt with in the book, and terrorism practised by bodies like the IRA, KKK, or I S, but there is also the risk that in responding to terrorist bodies like those, we undermine our own political and legal welfare, and we then head toward becoming a police state ourselves.

Here is the first such extract on degradation, and a nation does not have to live under terror to degrade itself.  Just look at Donald Trump.

Degradation

When Descartes famously asserted as the irrefutable basis of his metaphysics ‘I think, therefore I am’ – Cogito, ergo sum – some people of an acute philosophical bent may have ventured that the word ‘I’ might have to carry a lot of weight for that proposition to be sufficient to build a whole system on.  If you assume that you know nothing, what might I mean?  Well, that sort of thing might be OK in metaphysics, but it means nothing to most people.  But according to Arthur Koestler in Darkness at Noon, it meant something to his principal targets, the Communists in Russia.  There the secret police say that the word ‘I’ is ‘a grammatical fiction.’

It is not surprising to hear this asserted in a totalitarian state.  The whole object of such a state is to ensure that the individual – the owner and the professor of the word ‘I’ – does not get in the way of the state.  For them, the state is everything, and the individual – the ‘I’ – is nothing.  The sense of self, or a person’s sense of worth – their dignity – is degraded in so many ways.  Representatives of the state or the party belittle people.  The very emptiness of the system and its slogans and symbols reduces people in their own eyes.  Do decent people, even the most incurable addicts of Wagner’s Ring Cycle, really want to bow down before a broken cross, lightning runes, or a death’s head?

And people hear of or see things which debase or degrade them further.  They hear of things that revolt them, and they go into blank denial.  But they see or hear of things that make them complicit in a denial of truth, decency, and even life.  A combination of terror and propaganda plays very ugly games with their minds, and they feel changed and demeaned.  This in turn lowers their inclination to object, and so the downward cycle progresses, sometimes to the finite regress of suicide if the state does not get there first.  By then they have bought into or they have been locked into crimes against humanity that would previously have been unthinkable to them.  These regimes want to reduce their people to their level.

We associate the grosser forms of that cycle with Communist Russia under Stalin and with Nazi Germany under Hitler.  It can give you a jolt to see the same forces at work in France during the Terror in 1793.  Here is a long extract from Les Deux Amis (Two Friends) a primary source of major phases of the revolution in the form of a witness account that Carlyle was fond of drawing from.

A resident of Paris returns after ten months away.

So there I was packed into a stage coach surrounded by sinister faces, for at that moment, none but revolutionaries and government agents dared to move about.  My mind was filled with the darkest presentiments and every stage on my way to Paris seemed to bring me nearer to the scaffold.  As I thought of my wife and my children, I reproached myself for having left them so rashly and for not having embraced them yet once more before we parted.  During the whole journey, the sight of a rock, an agreeable bit of landscape or a tree noticed by the wayside stamped on my mind a melancholy impress, which I cannot describe.  I cherished a wish to see them again on my way back, saying to myself: ‘If I see them again, that will mean I have got out of Paris, and if I get out of Paris I shall see my wife and children once more.’

Just before reaching the modern Babylon, we changed horses and I got out to stretch my legs.  I tried to banish the painful thoughts that haunted me, and went into an inn with the object of eating something if the burden of worry which oppressed me allowed me to do so.  Sitting down at a table I picked up a newspaper lying there and, glancing over it, was instantly struck by a news item describing the execution of a man – a good man and one of my friends.  He had been a notary and in that capacity, he had countersigned without reading it, as was the practice, a document whose contents were unknown to him.  The Bloody Assize had condemned him to death.  His hair had been cut and he was waiting to be executed, when he was snatched from the Guillotine to have his case examined afresh.  The Convention had ordered this humane intervention, but the court presided over by Fouqier, who did not wish to be thought capable of condemning an innocent man, had the victim dragged to the scaffold and beheaded.  And so Chaudot, a good, honest man, had the misery of drinking twice over the cup of death.

I was overwhelmed by this story.  My strength failed me.  I wanted to eat but could not get anything down.  I raised a glass of wine to my lips, but had not the heart to drink.  I hurried back to the diligence, where I remained plunged in a mood of the deepest melancholy from which I was aroused when one of my companions cried: ‘Here we are at the barrier.  We’ve arrived.’  These words took me out of my lethargy, but they made me shudder.  I put my head out of the window.  It was dark, though it was scarcely eight o’clock.

What a change!   Formerly – even when I left the city not so long ago – eight o’clock was the hour when Paris was most brilliantly illuminated, especially in the populous quarters.  The light of innumerable street lamps blended with the blazing windows of the shops, where art and luxury had accumulated thousands of objects which vied with one another for elegance and value.  It was the hour when the cafes were lit up and when the gleam of candles shone from every storey; when luxurious equipages passed one another swiftly in the streets on their way to theatres, concerts and balls in every quarter of the capital.  Now, instead of this bustling life, these animated crowds, this impressive brilliance, a sepulchral silence filled all the streets of Paris.  All the shops were already shut, and everyone hastened to barricade himself in his own home.  One might suppose that the weeds of mourning had overspread all that breathed.

He got off at the coach terminus to go to the house of a friend.  A sentry at the door took his packet off him because he should not carry anything at night.  He was told to get it the next day from the guard-room.  He set off for his friend whom he had not seen for 18 months.  His friend had ‘turned Jacobin as a form of insurance’ and thought more of his own safety than of his friends.

It was nearly nine o’clock when I knocked at his door.  This would not have been thought unduly late in normal times, but as it was, my knocking at the door at such an hour caused a panic among all the people who lived in the house.  Domiciliary visits [raids on houses] were usually carried out at night and most of the crowd of citizens who thronged the prisons had been arrested after dark.  The sound of a hammer caused every hearer to tremble, and my former friend seemed to be particularly alarmed when he saw me come into the house.  Without asking after my health or inquiring what had happened to me and why I had come to Paris, he gave me to understand in curt, clear language that as I had left Paris some time back it would be dangerous for me to stay in the city and for him to offer me shelter.  ‘What?  It would be dangerous for me to stay the night?’ I asked.  ‘Yes it would’ he replied, ‘if they came now to search the place, I would be a lost man.’

His friend had the courage to take him to a fruiterer who had a room to let, but the fruiterer would not take him at this hour, and his friend left him, warning him not to stay long on the pavement, unless he wanted to be ‘picked up by one of those patrols, who were usually reluctant to release persons who fell into their clutches.’  He went back to the fruiterer again who said that he had gone to bed early because he could not get candles in Paris.

‘Of course you have your passport?’  I said I would show it to him.  Before reading it by the light of the lamp, he eyed me intently.  ‘But this passport is not signed by the revolutionary committee of this section.’  ‘Yes, but I have only just arrived.  The committee is not in session this hour and I cannot get them to sign it tonight.  Give me a bed for tonight and tomorrow I will get up and I shall go and get the visa.’  ‘Impossible.  Impossible, if they came tonight, and they visit furnished lodgings every night, I should be put in prison for having taken you in without your passport being duly visa-ed by a revolutionary committee.  So, my dear sir, out of my house you go and at once.’  And suiting the action to the words he slammed the door in my face as civilly as my friend the Jacobin had done not long before.

Our hero is now seriously alarmed.  He crosses important streets without meeting a soul.  He hears a sound and huddles in a carriageway.  Two files of pikemen (people carrying lances) are ‘escorting in their midst a carriage with windows closed, doubtless to silence the cries of the persons inside.’  They stopped outside a monastery now serving as a prison.  The person in the carriage was a woman.

‘Inhuman monsters, after murdering the father, must you tear the mother from her children!  No, I will not get out – you may kill me first.  My own child whom I nursed.  He will die.  No… I will not get out.  Oh, well, I will, but give up my child, my child….my child.’

The guards pulled her out and threw her into the prison.  Cold rain was falling.  He stayed two hours there in the cold, but at midnight his feet were cold and he was shivering.  He moved and was instantly seized by a patrol.  They took him to the coaching-office to check his arrival time.  The register and package proved his story, and he was allowed to fall asleep on some parcels.  When he woke, there was another employee there.  He decided to abandon his mission to Paris.  He asked when the next coach left.  There was one at eight!  He reserved a place, got a receipt, and went to a coffee house for some breakfast.  He got into the coach to be sure of his place.  The horses were put in.  A policeman asked if their papers were in order.  He showed his receipt.

Don’t want that!’  ‘What do you want?’  ‘Your passport.’  ‘Here it is.’  ‘You must get out.  You are not in order.’  ‘What do you mean?’  ‘This passport has not been countersigned by the revolutionary committee of the section in which you lodged.’  ‘Citizen, I did not take lodgings anywhere.  I arrived at seven and finished my business at eight.  I spent the night in this office and now I want to go.’  ‘Never mind about your business.  No one can leave Paris without having his passport visa-ed by a revolutionary committee.  The orders of the Commune about this are perfectly clear.  The committee may be in possession of details about you and it is proper for you to show your face to the persons charged with proving your identity.’

He got out.  The coachman ill-temperedly whipped his horses and took off with the price of the seat and his small parcel of clothes.  At least in daylight, he was able to get into a lodging house.  He asked his hostess in what section he was so that he could get his passport visa-ed.  She told him where to go and not to come back without a visa.

I then set out.  Daylight and the sight of many people moving freely in the streets restored my nerves to some extent and I walked boldly on my way when suddenly I was struck by a curious medley of colours which I had not been expecting.  All the doors and all the windows carried a flagstaff on which floated the Tricolour [the French flag].  A few patriots, more republican in spirit than their neighbours, or wishing to be thought so, had hoisted this banner and from that time onwards, as it was dangerous to be less patriotic than anyone else, everyone had decorated his windows with tricolour streamers and large coloured inscriptions.

He easily recognizes the office of the committee from the size of the flag, and the proportions of the red bonnet (mandatory attire for sans-culottes) ‘and the hang-dog appearance of the men on guard at the entrance.’

My heart beat but I walked in.  I could have imagined myself in the cave of Cacus [a famous robber, three-headed and vomiting flames].  After crossing a little courtyard, narrow and dark, flanked with high walls, in which were collected an assortment of cut-throats armed with swords and pikes, I went up a squalid staircase at the top of which was an anteroom, leading into the room in which the Committee held its meetings.  This anteroom was crowded with creatures even more hideous than those whom I had seen in the courtyard.  It reeked of pipe-tobacco, brandy and meat [all impossible for others to get], aggravated by the heat of the fiery stove, which had a sickening, suffocating effect on anyone coming into the room out of the fresh air.  ‘What do you want?’ said one of these horrible individuals as he gulped down a cupful of wine.  ‘I have come to get my passport visa-ed.’  ‘Go into the room then.’  It was the room in which members of the Committee were sitting.  I went in.  It was worse than the anteroom.  There was the same foul stench, the same bunch of brigands, but those in the Council room were more insolent than the others.  They wore the rags of a feigned poverty, but they had hearts of steel and the mien of tyrants.  From top to toe, nothing could have been more disgusting than their personal appearance.  As sans-culottism had been promoted to a virtue and as the people, so far from displaying the trappings of luxury, had thrown themselves into the opposite extreme, these individuals affected a squalid poverty.  At that time in Paris dirtiness was a sort of passport…

He describes the shocking attire, shirts open to the waste, of

….these impudent bullies, brutes raised out of the slime, where they had won notoriety by their deeds of violence.  To crown it all, they assumed in the midst of their filth, a veneer of antiquity and gave each other Greek and Roman names which they disfigured grotesquely as soon as they began to address one another. ‘That’s a job for you, Manlius; you’re a clever cove, you’re one of ours.’

They were getting police to affix seals on property of people arrested the night before.

After these honest fellows had whispered together for a while and the stickers-on or removers of seals had gone off on their mission with one of the members of the Committee, the Chairman graciously took notice of me.  ‘What do you want?’  ‘A visa for my passport.’  ‘Where do you come from?’  ‘Blanktown’.  ‘Full of aristocrats.’  ‘You are mistaken, citizen.’  ‘Who are you calling vous?  It’s only Pitt and Coburg who use the vous.  In a free country one has to say tu.’  ‘Citizen, next time, I shall not fail to do so.’  ‘What have you come to Paris for?’  ‘To get some money from a gentleman of my acquaintance and go home again.’  At the word ‘gentleman’ which I had let slip in my confusion there was such an uproar in the Committee that I seriously thought that I was done for and that they were going to imprison me.  ‘Ah…..you have come to see a gentleman.  So…..you must be a gentleman yourself.  Just look at this fellow, Brutus.  Does he not have the build of a federalist [a very vague term for anyone against the Jacobins]?’  ‘I, citizen?’  ‘You be quiet and bring us your witnesses so that we may see if they look as suspect as you do.’

There is no point in asking what witnesses?  He went back to his landlady.  She explained that witnesses were guarantors – if their subject defaulted they would be arrested.  Where in Paris could he find two people to take that risk, when all forty-eight sections were competing to slap as many as possible behind bars?  His landlady directs him to someone who will do it for a fee.  He has trouble finding the place because the streets have been renamed after heroes of the revolution.  He finds the place and the wife says her husband has gone off to the Place de la Revolution to see a ‘score and a half [30] of aristocrats sneeze into the sack.’

That was the phrase for the amputation of heads, which, severed by the blade of the guillotine, fell speedily one on top of another into a kind of basin, where they floated in blood, which splashed up as the heads dropped, and flooded the pavement of the place directed to these daily butcheries.

The wife had advised her husband not to go for such a small batch, but when he returned, he said it had been a great pleasure ‘as he had never laughed so much.’  The valets to the executioner and the coachman of the tribunal warmed the crowd up with a burlesque show that was hilarious and which the husband still exploded in recollecting.  It was of course a capital offence to show sympathy for the accused.

‘By God’, he said, after concluding his narrative, ‘these dogs died very bravely.  It’s unfortunate that the aristocrats die like that.  In this batch there was a little pullet of from seventeen to twenty, as fresh as a rose, who climbed up on to the platform as gaily as if she were going to dance a figure from a quadrille.’  ‘Seventeen to twenty was she?  That’s early to start being an aristocrat.’  ‘You’re right’, said my companion, ‘but those people drink federalism with their mother’s milk.’

There you are – you have it, in the very first sentence of the extract.  He is surrounded by ‘sinister faces’ and in a binary or black and white world, only two types of one group matter – revolutionaries or government agents.  He is full of apprehension in this strange, hard new world.  He feels guilty for leaving his wife and children.  Will he see them again?  How different is Paris – muted, sombre, deserted at night; even the street names have changed (and they are named after some awful or dreary people).  He reads that a friend has been executed – most cruelly, and for nothing.  He calls on another friend who has become a terrorist (Jacobin) for ‘insurance’ and who is terrified to be seen with him and who cannot get rid of him soon enough – the agents raid homes and make arrests at night.  He sees that everyone has been frightened into showing support for the terrorist regime, and he reflects on the mindless banality – the spectral hypocrisy! – of their slogans.  He has to deal with regulations that make Kafka look easy.  You cannot comply with these Byzantine laws.  No one will take him in.  Everyone is scared.  He sees police patrols in action – he has been warned not to get picked up – and he hears the anguish of a mother with a child who is another victim of the Great Terror.  It is a random and capricious world of heartless and mindless cruelty to people.  How did it all come to this?

Then he has to come face to face with the regime, dirty, rotten people way above their station wreaking revenge on their betters.  Now he feels the full weight of Hamlet’s insolence of office, the proud man’s contumely and the oppressor’s wrong – those things that Hamlet thought of when contemplating suicide.  He is offered a corrupt out – most police states are rotten to the core, and give an out to those who can afford it.  A person will attest to him for a fee.  But this man keeps laughing about the entertainment offered before the daily batch of the guillotine (only twenty-five, so small a batch that his wife did not think that it was worth his time).  He reflects on the public beheading – sneeze into the sack – of a blithe seventeen year old girl.

All this takes place at the end of a century of what we are pleased to call the Enlightenment in Paris, perhaps the most civilized city in the world.  Even allowing for some journalistic licence, how did the people of Paris become so degraded?  How is it that a civilized French couple could sit down for dinner and happily swap notes about peoples’ heads being cut off in public and dropped into a bucket of blood, splashing the pavement?  Was Dickens’ picture of the Terror and the Tricoteuses underdone?

Most people reading this will have experienced countless examples of rudeness and nastiness of people in power, but very few will have experienced it under a regime that has no conception of the rule of law, due process, or basic human rights.  It is precisely that void, which seems to bring with it a general moral vacuum, that is of the essence of a police state.  It is that which makes such a state so frightening and revolting – and degrading.  There is no answer to the questions raised above – at least not one that is available down here – but we may seek to look at some features of the Terror practised in France, Russia and Germany.

In some accounts of the Russian Revolution, you can find a hideous photo of a kind of crucifixion practised in the civil war.  The Reds have taken a Polish officer, stripped him, hanged him naked upside down, and then beaten, cut and tortured him until death.  About twenty red soldiers are standing around looking sedate and only mildly interested.  In the catalogue of the museum Topography of Terror at what used to be Prinz-Albrecht-Strasse, the headquarters of the Gestapo, there is a photo taken from a distance in the market square at Ulm in 1940.  A nineteen year old woman was being publicly shaved because of a relationship with a French P O W.  She was later sentenced to one year’s imprisonment and two years’ loss of civil rights.  Someone had objected to this brutal humiliation.  The caption in the press was ‘Thousands of faces expressed mockery and disgust.’  In fact the photo up close shows people laughing and smiling as if their team had just won in football.  It may be the most appalling photo in the book.  You are watching people degrading themselves.

There is also a photo of SS guards and female administrative personnel at Neuengamme concentration camp in December 1943.  There are more than a hundred seated at well laden tables under the runic slashes of the SS in what the SS called a ‘Yule celebration’.  With all the red and white wines and the holly and the napkins on the tables, there were ‘Yule lights’ produced by the inmates.  This photo, too, is appalling in its own way.  Not one person is smiling.  They might as well be dead.  Their degradation has brought them to the Kingdom of Nothingness.

Degradation by its nature tends to occur over time and often so that people are not aware of how they are being changed for the worse.  The career of a man called Simonov took off during the Great Terror of 1937-1938.  On his death-bed in 1979, Simonov dictated a testimonial that was remarkable for its candour and insight.

To be honest about those times, it is not only Stalin that you cannot forgive, but you yourself.  It is not that you did something bad – maybe you did nothing wrong, at least on the face of it – but that you became accustomed to evil.  The events that took place in 1937-8 now appear extraordinary, diabolical, but to you, then a young man of 22 or 24, they became a kind of norm, almost ordinary.  You lived in the midst of these events, blind and deaf to everything, you saw and heard nothing when people all around you were shot and killed, when people all around you disappeared.

People becoming ‘accustomed to evil’ might be close to the heart of the darkness confronting us.

A salute to the Greatest

I wrote the following about Muhammad Ali some time ago in a history of the twentieth century.

Muhammad Ali (1942-)

As befits a nation of pioneers who put a premium on individual responsibility and community ideals, Americans go for sport in a big way.  It is their national tragedy that instead of rugby or football and cricket, they have their own sports of gridiron and baseball, so that their champions do not compete on an international stage.  That does not stop Americans following their sports with at least the passion and patriotic intensity of the Indians with cricket or African nations in football.  The games they play tell you a lot about Americans.

In June 1902, a guy who ran saloons in Pigtown, Baltimore took his seven year old kid on a trolley-car to a reform school and then left him there. The school was named St Mary’s Industrial School for Orphans, Delinquent, Incorrigible and Wayward Boys.  The kid would stay there until 1914 when he was 19.  By the time he left, his mother was dead.

The kid got training to become a tailor, but he was big on baseball.  His nick-name was the unkind one of Nigger Lips.  Photos show a wide-eyed innocent with thick lips.  He was a fan of Brother Matthias, who gave instruction on baseball on Saturday evenings, and as a big raw-boned kid, he could play.  He could both pitch and hit – left-handed.  Jack Dunn, the manager of the Baltimore Orioles, spotted the kid and offered him a contract at $250 a month – primarily for his pitching.  The kid left St Mary’s as the legal ward of two of the Brothers, and with Jack Dunn as his guardian – the abandonment by his own family was complete.

They took off for spring training.  The kid had never been on a train or seen a menu before – he had never seen a professional player, let alone a professional game.  He must have been the most untutored player ever to go up to the Majors.  Dunn’s babies were known as ‘babes’.  Since the kid had got to retain his surname if nothing else from his family, and that name was Ruth, the kid became Babe Ruth, unquestionably the most famous name in all baseball.

Over the next twenty-one years, the Babe changed the game of baseball.  Before him, the game was controlled by pitchers, and batters approached their task tactically, and they tended to hit a flat trajectory.  The Babe was altogether less prosaic.  He introduced the power game, big hitting right up into the crowd.  He saw his role not just in moving men along the bases, but in belting home runs off his own bat.  He took baseball to a whole new level of entertainment, not just with the power of his hitting, but with the power of his presence.

The kid went to the Red Sox but they came to the doom-laden view that they would have to sell the Babe.  They did so at huge expense – an unprecedented sum – to the Yankees.  Now, the Babe was not really a Boston type, but he and New York in the Twenties were just made for each other.  And the city of Boston would pay an appalling price for its failure to come to terms with the Babe.  In what became known as the curse of the Bambino, the Red Sox would not win another World Series that century.

The Yankees won four World Series and seven pennants in the period that the Babe was with them (1920 – 1935).  In his total career he hit 714 home runs, a proposition that would have been laughed at in 1914.  He was the first to break 60 in a season – which he did after apparently being trumped by Lindbergh.  He was called the Sultan of Swat, the Caliph of Clout, or the Wizard of Whack, but he still holds the tenth highest batting average of all time.

Jackie Robinson became an officer in the US Army during World War II.  What awaited him when he got back to the land of the free?  ‘Down the back of the bus with the other niggers.’  Rather than football, Jackie took on baseball as his professional sport.  He had the eye of a natural hitter; he had all the skills for a second base; he was deadly quick at stealing bases, and handy if a shirt-front were needed; and he was determined to win.  In short, he was just the kind of player to build a team around.  Except that in 1947, baseball was rigidly segregated – no formal agreement, just invincible history and unwritten understanding.  There were white leagues and black leagues, and that separatism was just as saluted in the north as in the south.

Jackie Robinson and a man named Branch Rickey cracked the monolith.  They both subscribed to the teaching of the Jewish carpenter, especially the Sermon on the Mount.  They would both be tested on the hard bit – turning the other cheek – in a way that is not asked of most of us.  Rickey was the manager of the Brooklyn Dodgers.  He told Robinson that he would give him a go in the minors with a view to signing him for a full season with the Dodgers if he was good enough.  He said Robinson would be exposed to hate and abuse, sometimes from his own side, and that he would not be able to answer back.

Rickey had one large portrait in his office – the great emancipator, Abraham Lincoln.  Rickey was smart as well as brave.  He described his purpose:  ‘First, to win a pennant.  There’s some good coloured players.  The second reason is…it’s right.’

Robinson made the season with the minors satisfactorily.  (In his second at bat, he had rifled it into the crowd.)  When it came time for him to turn out for the Dodgers, every club but one said they were against it, and players in his own team took up a petition to have him excluded.  Other teams threatened to strike.  He was still subject to insult and abuse and death threats on the road, and venomous hate speech on the field.  He kept his part of the deal.  He copped it and he did not answer back.  He had a great season with the bat and a league-leading 29 stolen bases and a momentum – turning base-running style.  He was the first ever Rookie of the Year.  The Dodgers made it to the World Series and forced the Yankees to go to the seventh game.  This Yankee side, with DiMaggio and others, is one of the greatest teams ever, and is the main reason why the Dodgers do not have more to show from their ten years with Robinson.  He was not just a hero for black people, but for all Americans.

Well, what might happen if America got a champion black sportsman who played on the world stage, and who could appeal to coloured people all over the world, and who was prepared to stare down Uncle Sam – and who just happened to be the greatest of all time?

This is how Norman Mailer began his book The Fight:

There is always a shock in seeing him again.  Not live as in television, but standing before you, looking his best.  Then the World’s Greatest Athlete is in danger of being our most beautiful man, and the vocabulary of Camp is doomed to appear.  Women draw an audible breath.  Men look down.  They are reminded again of their lack of worth.  If Ali never opened his mouth to quiver the jellies of public opinion, he would still inspire love and hate.  For he is the Prince of Heaven – so says the silence around his body when he is luminous.

Cassius Marcellus Clay Junior was born on 17 January 1942 in Louis, Kentucky.  His father painted signs and his mother was a domestic.  They were African Americans descended from slaves.  The baby followed his father in being named after a famous abolitionist.  The former Cassius Clay was a most formidable man, a six-foot-six Kentucky farmer who had commanded troops in the Mexico War.  He inherited a plantation and he later freed his slaves.  For this he received death threats.  ‘For those who have respect for the laws of God, I have this argument.’  He produced a leather-bound bible.  ‘For those who believe in the laws of man, I have this argument.’  He produced the constitution.  ‘And for those who believe in neither the laws of God nor of man, I have this argument.’  He laid down a Bowie knife and two pistols.  Lincoln thought enough of him, or of the Russians, to send him to Russia on government business.  As David Remnick remarks, ‘He maintained his physical courage to the end.  When he was eighty-four, he married a fifteen year old girl.’

Clay grew up to win national Golden Gloves and then gold in the 1960 Olympics at Rome.  He turned pro and was undefeated, but he was not winning friends by his manner of belittling opponents.  He was light on his feet and he was unbelievably fast.  He had height and reach, and he could lean back and then hit his overcommitted opponent with a lethal right jab.  He won the right to challenge Sonny Liston, and the fight was set for 25 February 1964.

Sonny was born into the Mob – the underworld – and he could never get out of it.  He never had a chance.  He had no family to speak of and he knew the inside of the Workhouse.  He was an enforcer for the Mob.  Not many people gave lip to Sonny Liston and lived.  The Mob ran boxing.  A generation of Prohibition gangsters had promoted and fixed fights, charming people like Frenchy DeMange, Frankie Yale, Al Capone, Lucky Luciano, Boo Boo Hoff, Kid Dropper, Legs Diamond and Dutch Schulz.  You can ask why crooks were attracted to pugs, but they were both on the fringe.

Sonny’s manager was Paul John (‘Frankie’) Carbo, also known on the street as Frank Fortunato, Jimmie the Wop, and Dago Frank.  After being sent to Sing Sing for homicide, he lifted his game to become a hit man for the Brooklyn branch of Murder Inc.  David Remnick says that it took Cassius Clay, still on his way up, to break the grip of the Mob.  That young man found his protection in the Nation of Islam.  Many of his countrymen would have been more relaxed if he had stayed with the Mob – the devil they knew.

Sonny then would frighten the hell out of anyone.  The bookies had Clay at seven to one, which is insane in a two man event, and journalists were plotting the locations of the nearest hospitals.  Many thought that the kid would be killed.  The kid – the Louisville Lip – responded as was his wont now.  He taunted Liston, pulled up outside his house and asked him to step outside, and famously said that he would ‘dance like a butterfly and sting like a bee.’  He turned the weigh-in into a circus.

At the bell, Liston came out like an enraged bull, but Clay slipped away, and was scoring heavily by the end of the first round.  He buckled Sonny’s knees in the third, and he cut the champion for the first time.  He seemed to be blinded in the fifth, but he came back to belt Sonny in the sixth.  Sonny did not come out for the seventh.  It was a TKO and Clay shouted to the world that he was the greatest ever.  The rematch came after Clay had publicly, and amid great hostility, converted to Islam and changed his name.  It was a sad farce.  Liston copped what the press called the ‘phantom punch’, and the fight was over in less than two minutes.  It looked for all the world as if the fix had gone in and that Sonny had taken a dive.

Ali said that ‘Clay’ was his slave name.  He got offside with millions by taunting his opponents and then being cruel to them by prolonging their punishment.  He then courted more unpopularity by refusing to be drafted for the increasingly looked down on war in Vietnam.  He knew who his enemies were.  ‘No Vietcong ever called me nigger.’  In the way of things, it would be this stand that would secure his position in the Pantheon – and in the U S, as well as the rest of the world.  He would later be courted by presidents.

Ali was stripped of his title and locked out of boxing until the Supreme Court eventually set aside his conviction on a fine point of law.  (The black Justice, Thurgood Marshall, did not sit.)  By then, the tide had turned completely on Vietnam and Ali was a living legend for more reasons than one.  But he had lost the best years of his boxing life.  He fought Smokin’ Joe Frazier, who was more in the Liston mould, and he lost his first professional fight.  He would later beat Frazier, but the highpoint of his return, and of his boxing career, came with the fight against George Foreman for the title at downtown Kinshasa, Zaire on 30 October 1974, the Rumble in the Jungle.

There was a book, Mailer’s The Fight, and an Academy Award film, Once Were Kings, made about this contest.  Ali was passed his prime.  And Foreman had a fearful reputation.  He was a frightfully heavy puncher.  He had knocked out both Frazier and Norton in the second round.  Ali responded with his normal verbal barrage and mind games, but in the film, Norman Mailer said that Ali never looked at Foreman’s heavy punching bag – it had been deformed.  No one ever got into the ring with George Foreman after watching him deform the heavy bag.  No one – or hardly anyone – though that Ali had any chance at all.  This was then like the first Liston fight that had taken place more than ten years ago.  Again, people in the know feared for the survival of the outmatched challenger.

This is how Norman Mailer describes their coming together in the ring to get instructions from the referee.

It was the time for each man to extort a measure of fear from the other.  Liston had done it to all his opponents until he met Ali who, when Cassius Clay at the age of twenty-two, glared back at him with all the imperative of his high-destiny guts.  Foreman, in turn, had done it Frazier and then to Norton.  A big look, heavy as death, oppressive as the closing of the door of one’s tomb.

Then something extraordinary happened, something almost unbelievable.  Ali came out in the first round and started to hit Foreman, and hit him hard – with his right hand!  It would be like a right-handed batter or golfer coming out and playing left-handed.  It was downright insulting.  Then as the fight settled down, Ali would just go back on the ropes, hunch up, and absorb flurries of punches.  At first some thought that the fight had been fixed.  But then they saw that most of Foreman’s punches directed at the body were not scoring, but were drowning the energy of the champion.  It was high drama – anyone of those missiles could have landed any other fighter back in the bleachers, but Ali just went back, took the blows, and then eased out and scored.  All the time he was taunting Foreman: ‘Is that all you’ve got?’  It then became apparent that Foreman was tiring.  His punches were either not landing or not hurting.  And Ali was starting to float about him and was pinning him with darts at will.  Then in the eighth, Ali moved in for the kill and it was all over, and the world title was his again.  There was delirium in the crowd, and in front of TV sets all around the world.  Sports fans who have seen the fight and the film many times still move to the front of their seats and hold their breath while they watch it yet again.  It is probably the most watched sporting event ever.

After that, there was The Thriller in Manila with Frazier again, but it was all downhill.  Ali was permitted to go on too long.  This is sadly common with boxers and other sportsmen.  He became a distressingly sad reflection of the wonderful athlete and fighting machine that he had been.  In his advanced age he suffers from Parkinson’s disease, and he has had it now for a long time.

But even in that condition, he could move very greatly younger people who came into his presence.  Even in decline he had an aura – as Norman Mailer saw, he could be ‘luminous’ – in a way that could still move people by a curious alchemy, a kind of out of body experience.  Why is that?  Perhaps they just feel somehow that Muhammad Ali was in truth the greatest of all time.

It is a great story, the descendant of slaves beats off the mob, becomes world champion, beats off the government, and wins back his championship, each time against a frightening odds and a terrifying opponent.  For all of his faults and failings – which, for him, like most of us, were formidable – his story is a tribute to the human spirit.  This is why he is held in such awe right around the world.  This is why so many see him as the greatest ever, the greatest ever sportsman and the greatest ever entertainer, the promoters’ final dream, the ultimate crowd pleaser.  He embodies the truth that at least at the top now, professional sportsmen and women have almost nothing to do with sport, and almost everything to do with entertainment, business, and money.  If that means that we have gone from the amateur sportsmen of the Olympic Games of the ancient Greeks to the professional chariot races and gladiators of the decaying and decadent Romans, then that is a lookout for all our mums and dads and others.  Cassius Clay and Muhammad Ali have between them consummated that transformation.  The man has been, if nothing else, a mover and a shaker.

Muhammad Ali has a lot in common with the late Maria Callas.  He was, like she was, an entertainer.  They are both seen by many as having been in their time the best ever entertainers of their kind – there is generally seen to have been blue sky between them and the rest.  By the force of their character as much as by the high reach of their technique, they both radically changed the way that the world saw their art – and we should not blush to use that word for Ali was well as for Callas.  And now, in his reflective time at peace, Muhammad Ali might agree with Maria Callas that: ‘There are no short cuts.  There is only discipline, technique, and Mut’.  As the professional coach said in Chariots of Fire, ‘You can’t put in what God left out.’  It is just that some make better use of what they get from God than others do.

Americans at War

[This extract comes from the same chapter of A Tale of Two Nations as the post on Australians at war.]

‘I now wish to make the personal acknowledgement that you were right and I was wrong’.  President Abraham Lincoln to his successor, General Ulysses S Grant.

The turning point in the battle of Gettysburg came on its second day.  Lee was determined on staking the fortunes of the South on a major battle – he thought that the North was just too strong to lose the war.  He was intent on taking the North by its flank on his right, near a hill called Little Round Top.  His men charged again and again.  The southern boys were not used to losing straight fights.  The casualties were, as usual, appalling.  The end of the northern line was commanded by Colonel Joshua Chamberlain (who taught Rhetoric at Maine.)  Chamberlain saw that his men were nearly out of ammunition and the will to resist.  He gave orders to them to perform a manouevre that is hard on the parade ground.  They were in part to retire at an angle behind the end of the line and then advance in a sweeping movement around the enemy.  In the movie, Jeff Daniels plays Chamberlain, and when he gives the order for ‘Bayonets’, you can see the whites of his eyes, and he is staring straight into eternity.  He is, as they say, running on adrenalin – and upbringing.

The manouevre was perfectly and successfully executed.  The southern boys were thrown back by the charge.  The northern line held.  The next day Lee saw his army smashed in Pickett’s charge.  The proud Army of Virginia would never be the same threat again.  Had that battle been lost, Lincoln may have had to sue for peace, and the Union may have been lost.  God only knows how Europe may have responded to Germany – twice – without aid from the nation that we know as the United States.  All those consequences turned on the extraordinary valour and coolness of a lecturer in Rhetoric from the State of Maine.  It is on such slim and personal threads that history hangs.

We saw that the war of independence was a frightful guerilla war with atrocities on either side.  The Civil War would be a more orthodox war, a war of attrition, with casualty rates piled up by a mode of warfare that would offer a ghastly premonition of the Great War.  Once the colonies decided to revolt, it was victory or death for the leaders of the colonies seceding from the crown.  That threat was not so real for those seceding from the Union, but in that war, both sides were equally charged morally.  In the first war, the rebels never lost the moral high ground, and motivating English or Scots or Irish soldiers to fight against Britons on foreign soil cannot have been simple.  We have tried to list in this book the military advantages of the home side.  Because of the course that events took, the first war was a precondition of the birth of the Union; the second war was a precondition of the survival of the union.  From Paul Revere to George Washington, the war of independence was mythologised in a way that looks completely American.  There was no need to mythologise the Civil War.  It had its own stark grandeur that would be given precise expression by the greatest American of them all.  For some people outside America, this was the real birth of the nation that they so admire.

George Washington was pompous and patrician, a vain old Tory.  He was in many ways definitively Un-American.  As a general turned politician, Eisenhower would be everything that Washington was not.  But the new nation needed more than a hero; it needed something like a cult.  The very shortness of American history led to almost indecent haste in making Washington a saint.  As Daniel Boorstin said, ‘Never was there a better example of the special potency of the Will to Believe in this New World.  A deification which in European history might have required centuries was accomplished here in decades.’  Might perhaps the Americans have a propensity to talk themselves up?

Never did a more incongruous pair than Davey Crockett and George Washington live together in a national Valhalla.  Idolised by the new nation, the legendary Washington was a kind of anti-Crockett.  The bluster, the crudity, the vulgarity, the monstrous boosterism of Crockett and his fellow supermen of the subliterature were all qualities which Washington most conspicuously lacked.  At the same time, the dignity, the reverence for God, the sober judgment, the sense of destiny and the vision of the distant future, for all of which Washington was proverbial, were unknown to the ring-tailed Roarers of the West.  Yet both Washington and Crockett were popular heroes, and both emerged into legendary fame during the first half of the 19th century.

The Civil War was so much more bloody and destructive than that fought in England more than two centuries before.  It was fought over four years after southern states, with nearly half their population enslaved, wanted to secede from the union on issues of the extension of slavery into the new territories.  About 620,000 Americans died in the conflict.  Names like Fort Sumter, Bull Run, Antietam, Shiloh (‘Place of Peace’), Fredericksburg, Gettysburg, Vicksburg and Appomattox would lie deep in the national consciousness, and become well known outside because of the outstanding TV documentary by Ken Burn.

It was a mechanised and industrial war.  The northern economy was so much stronger, and they had the numbers to win, but dreadfully inept military leadership against a brilliant southern general prolonged the war until the North produced two generals that were as good.  In the meantime, the emancipation of the slaves had been proclaimed, and the nation is still picking up the pieces.  The whole people of the United States had paid a most fearful price for that lesion in the Declaration of Independence on the equality of all men.

Not the least of the pain and tragedy of this war came from the hold that the States held over men of ‘honour’, a term of elevated content in the South.  Nearly one hundred years after the Union was born, there were many who saw their paternity and therefore loyalty in their home states, something that most Australians now, one hundred years after federation, find very odd.  There is no doubt that state loyalty is still much stronger in the US.  It strikes people as odd that a man could be Virginian first, and American second.

Robert E Lee had served the Union for thirty-two years, but he could not raise his hand against his family in Virginia, and he resigned his commission.  God knows how many other families would mourn that decision.  Lee was a great commander, and he was not scared to take risks.  He had the stamina to go on to win and not just to avoid defeat.  He was brilliant in manouevre.  Those were all qualities that his early opponents did not have.  He developed an aura of invincibility, and his later trumpeted virtues led to a reaction.  This is the balanced assessment of a British military historian:

Lee’s victories were won against the odds….This is an unusual experience for American commanders, who usually enjoy the benefits of plenty…His victories remain among the greatest humiliations ever inflicted on the armies of the United States.  None the less, the link with the other American commander, George Washington, who battled against the odds, is a just one.  For this reason, Lee still ranks among the very finest of American generals, for like his hero, Washington, he managed to achieve much with the most meagre resources.

What other general on the losing side, including Hannibal and Rommel, ever inflicted so much loss and damage on the enemy?

Ulysses S Grant and William Tecumseh Sherman had been failures before the war; Grant had hit the bottle, and Sherman was deeply unstable, too wobbly to command.  After the horrendous first day of Shiloh, when Grant had lost about ten thousand men, Sherman sought him out to discuss withdrawal.  He found Grant under a tree, hurt and leaning on a crutch, rain dripping from his hat, and chewing on a cigar.  Sherman decided against withdrawal, and the next day they won the biggest Northern victory so far.

Grant was a gift from God to his president, and Sherman held the same place for Grant.  Grant had force of character and military intuition; Sherman was an intellectual and widely read in history and theory (as Patton was).  They both had the iron nerve and steely determination required of commanders in a bloody civil war.  Their comradeship was sustaining.  Sherman wrote to Grant: ‘We cannot change the hearts of the people of the South, but we can make war so terrible that they will realize the fact that however brave and gallant and devoted to their country, still they are mortal….’Sherman and Grant were facts of life men.  ‘They cannot be made to love us, but may be made to fear us.’  Grant said this of Sherman: ‘I know him well as one of the greatest and purest of men.  He is poor and always will be.’

Best of all, Sherman said of Grant: ‘He stood by me when I was crazy, and I stood by him when he was drunk, and now, sir, we stand by each other always.’  You may not find that in the Iliad of Homer, but it is a thing of great beauty.  Grant and Sherman are, like Lee, assuredly American heroes.

The Americans were latecomers to both world wars, but their intervention was decisive, especially in the Second World War, both in Europe and in the Pacific.  In the Second War, America was directly attacked and its military and industrial mobilization left it the most powerful nation in the world.  Wilson and America failed at Versailles, but so did other Allies.  America produced more real military heroes in Bradley and Patton, and the future President Eisenhower.  The Marshall Plan was statesmanlike and humane, and by crushing Germany and Japan militarily and then being generous in victory, the U S avoided the awful errors of Versailles.  Korea was at best a draw; Vietnam was a moral and strategic black hole; and whatever else might be said about the perceived failures in Afghanistan and Iraq, the memory of them is not inducing America to try that kind of thing again.  America has retired hurt as the world police officer.

The defining war for the U S, at least to one outsider, is the Civil War, and its enduring legacy not just for America but the whole world is Abraham Lincoln. What might be called the original sin of the young republic was a blood libel that would have to be redeemed in blood.  Abraham Lincoln was the chosen instrument of the redemption of the United States.

Born poor and low down in the back blocks, Lincoln learnt English through the King James Bible and Shakespeare.  While doing labouring jobs, he largely taught himself law, often reading with his long legs up a tree.  He was also a crack shot.  He practised rough and tough law before rough and tough juries, commonly sleeping head to toe fully clothed with his opponent when on circuit.  He rose up through state politics and came to national renown in great debates on the poisonous issue of slavery.  His marriage was difficult and he knew personal tragedy.  His election as President effectively signalled the beginning of the Civil War.  He had a God given ability to get to the heart of the matter and then express himself in language that will not die.  He also had the political gifts of being forever underestimated, and of having immense personal appeal and humour right up close.

But under that rustic open charm lay a mind of rat cunning and political genius.  He had to endure awful generals and awful defeats.  It is very doubtful if any lesser person could have held the nation together.  But in Grant and Sherman, he found generals who could and did win the war for him.  Lincoln had seen his job as being to preserve the Union, and he did so.  It is impossible to imagine what might have happened if he had failed.  He also emancipated the slaves.  He was assassinated at the end of the war.

Here is the full text of the Gettysburg Address.

Fourscore and seven years ago, our fathers brought forth on this continent a new nation, conceived in liberty, and dedicated to the proposition that all men are created equal.

Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure.  We are met on the great battlefield of that war.  We have come to dedicate a portion of that field as a final resting place for those who here gave their lives that that nation might live.  It is altogether fitting and proper that we should do this.

But, in a larger sense, we cannot dedicate – we cannot consecrate – we cannot hallow – this ground.  The brave men, living and dead, who struggled here, have consecrated it far above our power to add or detract.  The world will little note nor long remember what we say here, but it can never forget what they did here.  It is for us, the living, rather, to be dedicated here to the unfinished work which they who have fought here have thus far so nobly advanced.  It is rather for us to be here dedicated to the great task remaining before us – that from these honoured dead we take increased devotion to that cause or which they gave the last full measure of devotion; that we here highly resolve that these dead men shall not have died in vain; and that government of the people, by the people, for the people, shall not perish from the earth.

Here is the full text of a letter to Grant.

Not expecting to see you again before the spring campaign opens, I wish to express in this way my entire satisfaction with what you have done up to this time, so far as I understand it.  The particulars of your plans I neither know nor seek to know.  You are vigilant and self-reliant; and, pleased with this, I wish not to obtrude any constraints or restraints upon them.  While I am very anxious that any great disaster or capture of our men in great numbers shall be avoided, I know these points are less likely to escape your attention than they would be mine.  If there is anything wanting which is within my power to give, do not fail to let me know.  And now, with a brave army and a just cause, may God sustain you.

Here is the text of a telegram to Grant.

I have seen your despatch expressing your unwillingness to break your hold where you are.  Neither am I willing.  Hold on with a bulldog grip, and chew and choke as much as possible.

The second inaugural contained the following.

Neither party expected for the war the magnitude or the duration which it has already attained.  Neither anticipated that the cause of the conflict might cease with, or even before, the conflict itself should cease.  Each looked for an easier triumph, and a result less fundamental and sustaining.  Both read the same Bible, and pray to the same God; and each invokes his aid against the other.  It may seem strange that any men should dare to ask a just God’s assistance in wringing their bread from the sweat of other men’s faces; but let us not judge that we be not judged.  The prayers of both could not be answered – that of neither has been answered fully.

There follows a passage of remarkable Biblical intensity to a people raised on the Old Testament, in which Lincoln says that the scourge of war might continue ‘until all the wealth piled by the bondman’s two hundred and fifty years of unrequited toil shall be sunk, and until every drop of blood drawn with the lash shall be paid by another drawn with the sword’.  And then, as in Wotan’s farewell, we reach distilled peace at the end.

With malice toward none; with charity for all; with firmness in the right, as God gives us to see the right, let us strive on to finish the work we are in; to bind up the nation’s wounds; to care for him who shall have borne the battle, and for his widow, and his orphan – to do all that which may achieve and cherish a just and lasting peace among ourselves, and with all nations.

Lincoln was a colossal achievement for the humanity in us all. When Lincoln left us from the wounds received at the Ford Theatre, a member of his cabinet said ‘Now he belongs to the ages.’  He certainly does, and we stand in awe of him.

Between the two world wars, the U S faced a more direct threat to it that saw another authentic hero arise.   The Oyster Bay Roosevelts were the tops in up-market clannishness.  The old New York families addressed each other as ‘Cousin’ in a way that caused the late Roy Jenkins to reflect on the story about the Armenian family which claimed to be so old that they always spoke of the virgin as ‘Cousin Mary’.  When F D Roosevelt introduced to his mother a young lady from the best Boston society, his mother said: ‘I understand your father is a surgeon – surgeons always remind me of my butcher.’  Those upper East Coast toffs really were the best – they could hold their own with the English in the snobbery stakes (although the French might pose an even stiffer challenge).

Roosevelt overcame that background to be elected President four times.  He understood the remark of Alexander Hamilton that ‘energy in the executive is a leading character in the definition of good government.’  From 1932 until his death in 1945, Roosevelt led the U S through the Great Depression and the Second World War.  No other president – not even Lincoln – has had to face and to overcome such threats to his people.

Australians at war

Anzac Day may be subject to as much abuse as Christmas Day or Good Friday, especially in that part of the entertainment industry called football.  What follows is the Australian part of the chapter on war from a comparative history of Australia and the U S.  The book is called A Tale of Two Nations, Uncle Sam from Down Under.

                                                                                   ***** 

There has been a certain naivety, or innocence perhaps, about Australians at war.

The Australian war experience got off to a bad start.  The colonies jointly – this war started just before federation – went off to the aid of the leading world power in a fight that had little or no intrinsic merit or interest to Australia.  The Australian participation in the war was deeply divisive at home, with consequences that are at best disputed, and for no discernible benefit to Australia, apart from paying some kind of respect or dues to the world’s leading power.  Very much the same damning assessment would later be made of Australia’s tagging along behind America in Vietnam, Afghanistan, and Iraq.  One difference is that in the case of both Vietnam and Iraq, the government of Australia told its people untruths, to put it softly, when that government determined to send off its young men to be killed in foreign conflict.

‘Plain George’ Turner had done the articled clerks’ law course, become an honorary officer of a number of friendly societies, and a senior chief warden in the Masons before becoming the first Australian-born premier of Victoria and then the first Treasurer of the Commonwealth of Australia as the Right Honourable Sir George Turner, P C., K C M G.  Truly, it could only happen in Australia.  He achieved his own kind of immortality in joining the decision to send colonial troops to help the British War on the Dutch settlers in South Africa (the Boers): ‘If ever the old country were really menaced, we would spend our last man and our last shilling in her cause.’  When the Vietnam War got very bad under President Lyndon B Johnson, an Australian Prime Minister called Harold Holt, who later disappeared while snorkelling in waters known to be dangerous, alarmed even his own supporters by declaiming ‘All the way, with LBJ.’  Some Australians have grovelled better than others.

The Australians were just showing solidarity, or fraternity, with Britons everywhere.  They were after all Australian Britons, Mr Deakin said.  They were ‘For the Empire, right or wrong.’  The troops were mainly bush men and the officers tended to be squatters.  These were the sort of men that Kitchener for the British wanted to use against the Bushveldt Carbineers to put the fear of God into those diamond-hard Boers.  But the Boers were fighting for their own land, and an Australian called ‘Breaker’ Morant – he was a gifted horse-breaker – was adjudged to have gone too far in shooting prisoners, and he was executed.  In his last ballad he said he was ‘Butchered to make a Dutchman’s holiday.’  There are still Australians who want him as a hero.

The early confidence turned sour, as happens.  It was a very dirty guerilla war, and the British use of concentration camps appalled many.  Billy Hughes said that the English were cowards and bullies.  Cardinal Moran gave intimations of martyrdom; Mr Barton offered the troops one of those peculiarly useless bromides that Australian troops would come to expect from their politicians.  He said that Australia stood for ‘truth and justice, not militarism’.  (When the then Prime Minister in 2013 reviewed Australia’s role in the Afghan War, Mr Abbott said that that that war had ‘ended not with victory, not with defeat, but with, we hope, an Afghanistan that is better for our presence here…..Australian troops do not fight wars of conquest; we fight wars of freedom’.)  The new nation was overjoyed at the return of its troops, but what had it got for the 518 of the 16, 175 men who did not come back?

Australia would lose more than 60,000 killed in World War I, and about half that in World War II.  It was only in the latter war that Australia was directly threatened, and it was Australian troops under their own commanders who halted the Japanese advance into New Guinea.  The appalling war crimes committed by Japanese troops serving under Emperor Hirohito on Australian troops and prisoners of war etched very deep in the Australian consciousness.  The frightful games that the Japanese play with their own brutal history have, to put it softly, not helped.  When Australians look back on their history during the two world wars, Japan is in a place all of its own.

Yet, when Australians commemorate their war dead, they tend to focus on the charnel house of the Great War, which posed no direct threat to them, and where the weight of their contribution to the Allied victory might depend on whom you are talking to.  This concentration on the First World War reflects the mystique, for the want of a better word, of Gallipoli.  The major commemoration day for the Australians is not 11 November, but 25 April, the anniversary of the landing at Gallipoli in 1915.

The scheme, largely that of Winston Churchill, and it cost him his job in Cabinet and saw him in the trenches, was part of a grand strategic vision to shorten the war by a dramatic intervention on the bridge between Asia and Europe.  This is how a middle-aged Australian described the landing to the English writer Compton Mackenzie.

He reported that all he knew was that he had jumped out of a bloody boat in the dark and before he had walked five bloody yards he had copped a bloody bullet in his foot and had been pushed back to bloody Alexandria before he bloody well knew he had left it.

He was a bloody lucky Australian.  Mr Mackenzie was there for the second, Suvla landing, and he left this wonderful remark: ‘An absurd phrase went singing through my head.  We have lost our amateur status tonight.’  Mr Mackenzie was one of those Englishmen who marveled at the musculature of those young Australians – and their cocky irreverence.

The trouble was that there were too many on high that had not lost enough of their amateur status.  On two occasions, the infidel invaders were within touching distance of achieving their objective, but on each occasion they were caught in time.  The whole expedition was botched from on high from the start.  The invaders were facing Turks defending their own soil, and with Allah on their side, and they ran into a man of military and political genius called Mustafa Kemal, who was more the Father of Turkey than George Washington was the Father of the United States.  There were months of stagnant fighting in trenches, the very type of war that the planners had sought to avoid, before the Allies slunk out under cover of night, defeated and demoralized.  The casualties on both sides had been horrendous, and all for nothing – except for the creation of modern Turkey.

Gallipoli was memorable for the Australians and New Zealanders (Anzacs) because this was a form of debut, and their casualty lists loomed larger in their smaller country towns.  Very few country towns in Australia do not have a memorial to those lost in this war, frequently with additions for later wars.  But this was a complete military failure, what Churchill would describe in another context as ‘a colossal military disaster’.  The British suffered far more casualties than Australia; the French lost as many as Australia; and the Turks lost as many as Britain, France, and Australia combined.

The glow that Australians now see this disaster in comes from the need for a sustaining myth that found a little more to latch on to in the U S with the man who could not tell a lie.  So, each year around 25 April, young Australians make what is in truth a pilgrimage from Asia to Europe to sit huddled under a flag that is hardly their own and reflect on an heroic miss just across the water from the ruins of Troy.  If you go there on a clear quiet day, you can feel a marvelous peace near the water where men had torn at each other hand to hand most barbarously for nothing.  There is a moving monument on which Kemal assures the foreign mothers of the fallen that their sons are resting in peace.

The charge at Beersheba by the Light Horse was one of the last of its kind, but the men had to put the horses down before they came back.  More killingly, they were part of the sausage factory on the Western Front, the last gasp of ruling monarchies and a cruel and effete ruling class.  They produced a general of the first order in Monash, but he too had to serve under a butcher.

It was the Western Front that killed so many and broke so many who were left nominally alive.  It also strained the Imperial bond.  The Australian troops were volunteers.  The English were conscripted.  As we shall see, two referenda in Australia were defeated when the government of Billy Hughes sought to introduce conscription, but the civil stress at home was great.

The diggers were divided on conscription.  Some did not want others forced into this hell and some did not want to fight beside men who were there against their will.  One thing they did agree on.  They were revolted by the English practice of shooting deserters.  The Australians had a higher desertion rate and many generals wanted them to follow the British model.  The government refused.  They thought it was not right to put the death penalty on men who had volunteered to fight in a cause that was not immediately their own.

Another issue for the Australians, and a throbbing cause of tension, was that until late in the war they were fighting under British officers.  Americans and Canadians had their own command.  Why not Australia?  Monash said that the drive to a kind of military independence ‘was founded upon a sense of Nationhood.’  They did not get their wish until November 1917.

As debuts go, this was a hell of a deflowering, and they lost their amateur status the hard way.  Except when they got pissed on Anzac Day playing two-up, under the gracious licence for the day of the Establishment, the returned men of Australia did not want to talk about it.  As if to rub salt into the wounds, some were offered ‘selection’ lots, and that operation was also botched.

There would be lingering resentment about the way that the Poms’ earls, lords and knights had shoveled colonials into the cannon and then got lousy with the medals.  This resentment really flowered when the Poms cheated at cricket in an effort to defeat a boy wonder called Bradman during the Depression.  The Poms were bad winners and worse losers.

In the Second War, the Japs got very close.  Darwin was bombed.  There was real tension with the mother country about Australian troops being kept to face Rommel in the desert rather than defending their own homes against the Japs coming down in the jungle.  The fall of Singapore to the Japs – the guns pointed the wrong way – and the loss of English capital ships led Australians to turn their gaze to across the Pacific and look to Uncle Sam as their new protector and Godfather.  That still position holds.  It was by and large American troops that pushed the japs back at the most frightful cost, on the islands and on the oceans.  The American admirals were preeminent, and Australia has nothing like that monument to the US Marines at Iwo Jima.

Australia was well served by Prime Minister Curtin, but it produced no one of the standing of Roosevelt, or that paradigm of clean and simple leadership – yes, leadership – President Harry Truman, the great president who said that ‘The buck stops here’, the man who took two heavy decisions of equal import, to bomb the Japs and to fire Macarthur, for which his troops and nation should be forever grateful.

Not many people in Australia or America want to talk about later wars.  Australia committed to each of them as part of its alliance with the U S, like an act of homage or a payment of insurance.  If you are looking wholly at the white community, possibly the most disgraceful phase of Australia’s history came with the refusal of most Australians to acknowledge the return of soldiers from Vietnam.  It would have been unthinkable to have rejected the troops defeated at Gallipoli, but Australia did it to those defeated in Vietnam, and then their government got lousy about compensating them, and looking after them.  This was very, very ugly, and on a national scale.  It put a big dint in the national myth of ‘mateship’ – Australians were kicking their own troops in the guts.

Well, didn’t Turkish or German soldiers have mates?  Studies done by the military show that in life or death, soldiers do not see themselves as part of an organized machine, but as equals within a tiny group – another term is ‘mates’.  A decent footy coach would tell you the same.  People do not play for a jumper, and only a real mug dies for a bloody flag.

After the Great War, and the horror of the Western Front, soldiers felt that it was impossible to come to terms with a world ripped apart.  One of them later wrote about the horror, and it became a best seller and it is now a classic.  He then wrote books about the problems that the men had in rejoining civilized life.  The writer was Erich Maria Remarque.  The classic is All Quiet on the Western Front.  The later books include The Way Back and Three Comrades.  These books are a sustained and enduring paean to mateship.  The notion that Australians might have some primacy in a basic part of humanity is at best rather sad.  We are yet to found a myth.

What I believe

 

I

I was born a human being.  This means a lot to me.  I can think and talk in a way that cats or dogs can’t.  That is a comfort when you live on a planet that revolves around one of the millions of stars in creation.  And I believe that the idea of humanity means a lot.

I believe that human beings evolved from animals on earth.  I am told, and I believe, that this process of evolution was completed round about 200,000 years ago in Africa, in that part of Africa that is now one of the most backward parts on earth.  Being first is not therefore everything.  I believe that humans started moving out of Africa about 70,000 years ago.  I forget when they first arrived down here in Australia, but I believe that two of the main things that distinguish us from the gorillas are cutlery and courtesy.

My part in time is therefore minute – much less than a drop in the Pacific Ocean or a grain of sand in the Sahara Desert.  If you reflect on the inconceivable vastness of the universe, my part in space is even smaller.

If there is a God, He or She must have a very big filing cabinet.  I do not believe in God as most people understand that word.  The idea of God does not answer any questions for me.  But if I could, I would pray that there is no God with the personality that most of the religions seem keen to describe.  The Bible and the Koran both speak of atrocities by or in the name of God.

When I say that I don’t believe in God, I mean just that.  I am not saying that there is no God.  It is, if you like, a matter of personal choice.  Whether you follow Arsenal or the Storm is a matter of choice, and people usually arrive at a choice of God in a similar way to choosing their footy team – by inheritance or by chance.  The most devout Muslim may have been an equally devout Hindu had she been born next door.

Others have a different view about God.  That is their perfect right, and good luck to them – as long as they don’t try to inflict their view on me.  I, for my part, find it handy to use the term God when I am talking, even though I personally do not believe in one.

For example, there is a fire station on the peak of Mount Victory in what white people call the Grampians in Victoria.  I like to visit it at least once a year.  If you look down and out over a valley between three ranges, you will see our bush as God made it, or as the blackfellas saw it.  And at dawn or dusk, you will see our bush move through the kinds of colour changes that bedazzled Monet.

I certainly do not believe in any afterlife.  The idea now sounds fanciful to me.  I have no wish to keep going when I die.  I agree with Einstein – once is enough for me, too.  Or, as a Tolstoy character said, when you die, you either get the answers to all your questions, or you stop asking them.  I fancy the latter.

I was therefore liberated by the observation made by Wittgenstein and others that you do not live to see your own death.  This suggestion may look self-evident, but not many people accept what follows from it  After you’ve gone, you have nothing to worry about – you are not here, or anywhere else.  Turgenev wrote a fragment reflecting on death.  Its title is ‘Enough’.  Its last words are those of Hamlet: ‘The rest is silence.’  What more can we say?

II

So I am a human being here and now, once and only for a brief moment in time, and as less than an atom in space.  What follows?

I believe that God laid out a very handsome table for us all, and that courtesy requires that I should do what I can to enjoy what is on offer.  I should try to see as much of the world as I can and to understand as much of the human story as I can.  I should enjoy the fruits of what others have done – what we call art, which is a lyrical reflection of the human condition, as well as all as our learning.  Art in history and theatre is therefore vital.  I wonder what human life may be like without, say, El Greco, Shakespeare, Mozart, or Gibbon – I have little idea.  I believe that art can reveal to us more truth or insight than history or science can.  History as art is therefore golden.

The great minds and artists make and discover things that arouse our sense of wonder and remind us of our limitations.  It is not just the genius that we admire, but their courage to go on with it.  What is it that makes a genius?  How were people like Churchill, Gandhi and Mandela able to do what they did?  Why does the mere name Abraham Lincoln make my bottom lip flutter?  Why do I respond so warmly to the suggestion that to read Shakespeare is to touch the face of God, or to be at home with our own humanity?

It is a source of real comfort to me that men of strong minds who have looked deeply into things – like Spinoza, Hume, Kant, or Einstein – have died happy in their own skin as a result.  But I believe that I have to try to see how we forgot our humanity under people like Cromwell, Robespierre or Napoleon, or how we just lost it under people like Stalin, Hitler or Mao. The big lesson of history for me is how shallow is the veneer of civilisation.  As I write this, that veneer is being blown away at the highest level in the United States.

I should therefore carry myself in the faith that you only get one go, and that it will be over before you realise – and that you are, in the words of Isaiah, as nothing.

III

How should I deal with others?  I was brought up in the tradition of the Ten Commandments and the Sermon on the Mount.  It is wrong to say that I have no religious belief.  I regard the Sermon on the Mount and the man who preached it as sacred.  My life is still affected by the teaching of the man they called Christ.  I am humbled by his life.

The Sermon on the Mount is routinely ignored, but I believe that its prescriptions accord with the teaching of Kant that every human being has his or her own dignity or worth – merely because he or she is a human being.  This for me is axiomatic – just as it was self-evident for Jefferson that all men are created equal – but it is a proposition that is very far from being adhered to, much less regarded as axiomatic, elsewhere.  You can feel the weight of the notion of the dignity or inner worth that each of us has by looking the way that all of the regimes that we least admire set out to destroy that very notion.  This lesson of history is very important to me.

Indeed, I believe that we may look for the character of a people by the way they seek to respect the dignity of themselves and others.  For Kant, this notion of inner worth was tied up with the idea that people must never be treated as a means to an end, but as an end in themselves.  In the result, the first article of the German Constitution expresses my view when it says: ‘Human dignity shall be inviolable.  To respect and protect it shall be the duty of all state authority.’

I believe that most of my moral propositions derive from that one axiom – as does our commitment to what we know as the rule of law.  It says that all of us are equal in the eye of the law and that no one should harm any of us except under the due process of the law.  To paraphrase St. Augustine, if there is no justice, is government any more than daylight robbery?

There is one other proposition about dealing with others that is not self-evident.  Long experience tells us that people as a whole get on better in say clubs, teams, or towns when the people who have been blessed or fortunate give back to others.  In the language of logic, this proposition is more inductive than deductive, more empirical than rationalist – if you have to resort to Latin, we are not talking a priori.  The notion of noblesse oblige is in my view fundamental to what we call civilisation.  It is I think integral to what we see as the dignity of humanity.

If I had to source this obligation, I would again look at what it means to be human.  Most animals are protective parents, and some look after their own wounded – just as dogs know the difference between being tripped over and being deliberately kicked.  The animals or humans who neglect their sick or reject their young or aged may be at a different phase of evolution – I believe that persons and peoples are evolving all the time.  But I believe that humans have a more refined sense of an obligation to look after others of their kind than, say, vultures or weasels.  This generalisation is, of course, slippery.  Ants and bees are much more constructive for everyone than black holes in humanity like Adolf Hitler or Donald Trump.  Whether we are evolving for the better or for worse is in dispute; it may be a matter of faith.

If a blind man or a young toddler falls over in front of me, I go to help them.  You would be revolted if I did not do so.  In 1909 a Welshman brought up by a cobbler, who was a lay Baptist preacher, told the English Parliament that these ‘problems of the sick or infirm or unemployed are problems with which it is the business of the State to deal’.  He and a lapsed Tory led a social revolution that brought them close to a civil war to get that view passed into law.

Of course that has to be right in any decent people.  This is part of what I regard as civilisation.  The rest is degree or detail – and I often wonder at the mess that we make of it.  A community run by the ideology of the Tea Party would be a living denial of the Sermon on the Mount, and a very cold and heartless place.

Then there is what Sir Lewis Namier finely referred to as ‘plain human kindness.’  We don’t talk about things like kindness, or even compassion, under the heading of philosophy, much less the law, but anyone who said that they had turned their back on it would be someone that you would not want to turn your own back on.  I’m not sure why we are so skittish talking about compassion or kindness – life without them would give a fair view of Hell.

IV

What about dealing with others en masse – what we call politics?

I would like government to have as little to do with me as is decently possible – but I believe that the people who are better off (including me) have obligations to those who are not so well off.  Neither political party in any way helps me to resolve that tension, and I’m afraid that I don’t trust either of them.  My fading faith in party politics is very common across the western world now.

If you combine the notions of respect for the dignity of the individual with the obligation of the more fortunate to look after those not so well off, then you get close to what I regard as a decent community – or, if you prefer, civilisation.

Someone once said that you could test the civilisation of a people by looking at how they run their jails.  A more contemporary test is how people treat those others who are less fortunate than us and are fleeing from oppression.  As of now, some of our thuggish deceit on our obligations to refugees defies belief.

There is a level of inequality in opportunity, standing, income and wealth in Australia that I regard as disgraceful in such a young and prosperous nation.  I see that as a failure to observe the dignity of each human being and the need for the better off to look after others.  It follows that I believe that we are falling short on both of my ideals.

It is worse than that.  Any community must ultimately rest on some sense of proportion or reasonableness.  People who are accustomed to wield power who flout all sense of proportion will incite regime change – just look at the nobility and the church in Paris in 1789 and St Petersburg in 1917.  One example now is a bank paying one of its managers a thousand times as much as it pays one of its tellers.  Another example is that a blackfella can be thrown into jail for stealing a loaf of bread because it is his third time up, which takes us back to the law of crime and punishment that led to the penal colony in which this nation was conceived, while people at the other end of town lie and cheat and ruin millions of lives and get away with it.

My instincts, and no more, suggest that the indignation of people at inequality is behind much of the rebellious rejection of the establishments and their political parties in the West today.  This rebellion may be the first step toward regime change.

I have to accept that my country will probably not achieve full independence from the English monarchy in my lifetime – because, as chance has it, the Queen will probably outlive me.  This is my biggest regret.  The downside of our being so uncaring and laid back about politics is that we just refuse to grow up – and, my God, it shows.  The capacity to leave your own tram-lines without feeling lost should be one of the great gifts of mankind.  We don’t have it yet in Australia.  I cannot help feeling that the ghastly mediocrity of our politics is related to our inability to shed our borrowed past and to stand on our own two feet.

In professions, politics, business, or sport, I believe that you take a certain amount of ability as given, and then the rest is character.

I believe that the worst vice of people in a group is intolerance.  It frequently comes with what is called ideology, for which the Oxford Dictionary splendidly gives ‘visionary theorising.’  Mercifully, we tend to reject that vice in this country.  It does not sit well with our Anglo-Saxon preference for experience over logic, which we sometimes call common sense, or with the common law.  Think tanks in Australia forget that we dislike and distrust ideology down here – the failure of Americans to see this is one reason why we find their politics so awful.  People who put theory above evidence are bloody dangerous.

Intolerance is often related to labels, or putting people in boxes.  George Bush Senior said that labels are what you put on soup cans.  Labelling is just another failure to respect human dignity – it is also how people start to see others just as means to an end.

I am cautious about people claiming the label of ‘libertarian’, or admitting to an ideological obsession with freedom of speech, or any other ‘right’ they say they cannot compromise.  Some of these people are zealots who hunt in packs and who spend far too much time on the internet, and who have neither the time nor the inclination to be tolerant.  They attack people rather than look at their ideas.  We may be looking at an internet fuelled failure of the western mind – the collapse of courtesy is already well under way.

V

I believe that we should use our minds to stare down demons, but I suspect that our most important decisions are taken outside of logic.  If there is a completely logical human being, he or she would be cold, unnatural, and unloved.  The people who worry me most are those who say that they have the answer.  Sense and experience – let alone plain human kindness – usually trump bare logic.  In truth, emotions commonly do so as well – otherwise we could hand ourselves over to computers.

You also need time and space to be deliberately irrational and at large – that is where sport and the bush come in, hand-tied dry flies and grain-flow forged wedges, slow cooked oxe-tail and long held red, Ferrari and the Storm, Miles Davis and The New Yorker, French bread and French actresses, Paris and Berlin, and an annual pilgrimage to our primeval Australian bush.

I believe that a sense of humour, including a refusal to take yourself too seriously, is essential to sanity.

I’m very suspicious of those who mock faith.  These people are often selfish intellectual bullies.  I believe that faith is an essential complement to the ability to think that comes with our being human.  In truth, I have to take so much on faith – how the atoms of my body hang together, how the stars of the universe hold together, or the state of my bank account, or the contents of my tax return – they are all just about as far beyond my comprehension as God is.

I am ill at ease with that form of intolerance that is called atheism.  These people claim to have the answer, but they don’t.  It is after all hard to prove a negative.  And I think a lot of these people are cold, arrogant intellectual snobs who are content to kick in the guts people they see as less clever.

When Darwin was asked to receive some atheists, who had wanted to claim him as a soul-brother, he asked why they had to be so aggressive.  He had come to the view early that law rules the earth, and heaven, and that to believe anything else was to demean God.  What were miracles but God interrupting himself?  His early belief was like that of Spinoza, Kant, or Einstein – our innate knowledge of the Creator had evolved as a consequence of his most magnificent laws.  Darwin’s views on God would shift, but he was never guilty of dogmatism or absolutism.

A world without wonder would not be worth living in.  We should be wary of any people who want to banish our sense of wonder.  We should also be wary of the deniers or the negators – those narky, neurotic put-downers, the leerers, jeerers, and sneerers, the smiling assassins who are the sad victims of their own insecurity – the Bazarovs of this world.  They take but they do not give.  As Stefan Zweig said, ‘negation is sterile.’  So much is obvious.

VI

As for me in time and space, I believe that I am one of the luckiest bastards alive – to have been born in 1945 in Australia.  My luck was compounded by loving and caring parents, two good schools (state then private), a decent university, and the chance to go into a learned profession and to learn how to try to look after others.  I have been especially fortunate to be able to spend so much of my professional life inquiring into that mystery that we call the common law.  I believe that it is one of the greatest achievements of mankind.   I have also been blessed by being able to do some good for other people now and then.

So, I believe that you are born, you raise your children, you bury your parents, and you die.  You arrive, you take, you give back, and then you go.  Life has a symmetry, and that’s all there is to it.

I may not be very far away, then, from Kant, who said that the two things that filled him with wonder were the moral law inside him – which I take to include our inner human worth – and the starry firmament above him.

But I suppose that that would sound more than a little pretentious coming from me – if not downright bullshit.

Remembrance of Things Past – and not Past

 

As I follow it (from Prehistory by Colin Renfrew, or Professor Lord Renfrew), the current thinking of historians and scientists is that human evolution from the apes became complete about 200,000 years ago in Africa and that the main dispersal of humanity out of Africa took place about 60,000 years ago. All of us human beings are ultimately descended not from Adam and Eve but from our African ancestors in or about the area that we now call Ethiopia who were living about 200,000 years ago. They in turn had evolved over a much longer period of millions of years from the apes.

Human beings arrived in Europe and Australia about 40,000 years ago – well after they had reached the Middle East.

Any physical differences between peoples – if you must, racial or ethnic groups – follow after the dispersal from Africa. They are not genetic – they are socially or culturally induced. A child born today would be very little different in its DNA from one born, say, 60,000 years ago.  There is no reason why they could not do as well as our kids with the same upbringing.

The two big events in moving away from the Stone Age were the development of agriculture and the formation of towns. These in turn led to gods, writing, and laws. They also led to inequality. Religions tended to sanctify central power – the pharaoh, emperor or king had a divinely ordered status. Historians think that they can now trace phases of the development of the mind that ultimately became human over millions of years. Those phases bear some resemblance to the phases of legal development that our ancestors went through that were identified by Sir Henry Maine in his book Ancient Law.

Lord Renfrew makes a comment that does not surprise us.  ‘The key to inequality lies in worldly goods…..the adoption of a money economy marked the end of prehistory in so many parts of the world that we could take it as the best indicator of the dawn of history.’

Some landmarks may help with scale.  Our predecessors used a form of hand-axe before they had become what we would call human. The first jewellery and decoration appears to come from South Africa about 75,000 years ago. There are bone flutes and drawings of lions in France that are about 32,000 years old. Some of our Aboriginal rock art is at least 28,000 years old. There is a sculpted stone in Turkey that is about 11,000 years old. There are traces of permanent settlement around Jericho going back to about 9000 BC – we trace what we call the ‘agricultural revolution’ to that period. The idea that gold had some value emerged in Bulgaria around 4500 BC. Stonehenge was created between 3000 and 2000 BC and represents about 30 million work hours. Moses was born about 1400 BC. Coins were first introduced in Turkey after 1000 BC.

What we see as civilisation started in Athens in the fifth century BC. It took us more than 2000 years after that to establish that the earth was not the centre of the universe.  A lot of people who believed in Aristotle or God were horrified – much as they would later be horrified by Darwin.

If the Genesis account were applied to our creation, the earth was created not millions of years ago, but about 6000 years ago, and mankind was created, full-blown, at the same time. Science has proved that to be impossible.

If this account is correct, all human beings come from the one common stock, and any differences that some may wish to characterise as ethnic or racial are not genetic. They have come about because people have lived different lives. My humanity is the same as the humanity of the blackfella. Any differences between us come only from the way in which our ancestors have lived.

I find that view to be immensely comforting. It puts a big dent in the views of those who want to say that people are intrinsically different. At least genetically, all humans are born equal.

All this makes it hard for us humans to be sanely racist. It makes it hard for God, too.

In the last century and a half or so, we have made big discoveries in the way that we see ourselves and the universe. I regard all those discoveries as being neutral on the question of whether God exists.  God is no more or less of a mystery to me than the Big Bang, or our evolution from the apes over millions of years, or a universe that goes for millions of light years.  We can put all those terms into grammatically correct and apparently logically sound sentences, but in the end we have no real idea what is entailed by these ungovernable notions.

But the discoveries and proofs of mankind are not neutral on the history of any such God that we may choose to believe in. We now know that God could not have done what the Bible says that he did. And we now know that the people that the Bible says that he chose to make a covenant with did not have the history – that is, they were not the people – that the Bible says that they had; they were not the people that the Bible said they were.  They had come out of Africa, and down not from Adam and Eve, just over the hill, and not so long ago, and with a traceable ancestry.

You would not want to go to a bank and ask for money on the basis of a security whose title rested on a covenant given by a God that did not exist to a people that did not exist.  Or at least where the root of title of your documentary security seriously misrepresented the parties to the relevant covenant and was out of whack in its historical timing to the tune of 200,000 years or so.

Lord Renfrew quotes from a distinguished anthropologist who wanted to give a definition of religion that avoided any mention of the supernatural. He came up with this definition: ‘a system of symbols which acts to establish powerful, pervasive and long-lasting moods and motivations in men by formulating concepts of a general order of existence and clothing these concepts were such an aura of flexibility that the moods and motivations seem uniquely realistic.’ As the learned author remarks, a frivolous reader could see in this definition not so much a description of ‘religion’ as ‘of another powerful and ubiquitous presence in our society,’ that is, money.  Our movement from the apes has in truth had its ups and downs.

There is probably enough there for some people to digest without passing on the suggestion that our evolution from the apes was finally induced by climate change in the Great Rift Valley in Ethiopia.  That might be the last straw for some of our Republican brothers and sisters over the Pacific, or for readers of The Australian Spectator.

Speaking of remembering times past, I wish you a happy new year, although I am myself coming to prefer the Chinese model.

New books

Having achieved the biblical age, at which all judges must be younger than me, I have decided to release a book a day over the last three days – partly to keep the house in order, and partly in case God takes a different view about departure times.  The three books just released are, like the recent one on Summers in Oxford and Cambridge, collections of notes and essays previously released.  I would hope that they might all suit the general reader.  The collection on legal history might be reserved for lawyers, but it should be mandatory for all of them.

There is plenty of choice for Christmas shopping.

There is a mighty footy match tonight – may peace be upon the Wallabies.  They have nearly restored my faith in sport.

***

Summers in Oxford and Cambridge and Elsewhere

A traveller’s reflections on history and philosophy – and place

Geoffrey Gibson

2015

CONTENTS

PRAGUISH 2005

Reflections on Prague, Oxford, and the Cavalry and Guards Club

PHILOSOPHY OF RELIGION (OXFORD) 2007

The philosophy of religion at Oxford

OF BERLIN, OXFORD AND ELSEWHERE 2007

Berlin, Dresden, Paris, Oxford (Great Opera Singers), London, Cavalry and Guards and RAF Clubs

A WEEK AT OXFORD AND CAMBRIDGE 2009

Oxford (Hume and Kant) and Cambridge (Post-Modernism – playing tennis with the net down)

BERLIN NOW – A MOLESKIN DIARY 2010

Berlin and the World Cup

OXFORD AND CAMBRIDGE 2010

Wittgenstein at Oxford and Bach at Cambridge

CROMWELL (CAMBRIDGE) 2011

Course taught by Dr David Smith

SOJOURN IN SCOTLAND 2011

Touring the Highlands

CAMBRIDGE AND OXFORD 2013

Not keeping the peace at Cambridge and Chaucer at Oxford

FOREWORD

This book is a collection of memoires or essays that were written in the course of travels to Oxford or Cambridge or both to attend summer schools.  There is a note on the philosophy of religion and a note on Cromwell, but otherwise the notes consist of anecdotes and reflections more on the places visited and the people I met there than on the subjects that were taught.

I am fortunate to have been able to make these excursions, and I hope that others may be encouraged to do the same.

Geoffrey Gibson

Melbourne

September 2015

41,000 words

SOME LITERARY PAPERS

Tilting at windmills

Geoffrey Gibson

2015

CONTENTS

Foreword

1

Adolph and Richard

Meditating upon evil – Richard III (Shakespeare) and Adolf Hitler

2

Anna and Penny

A note on Anna Karenin and Penelope Cruz – mainly the former

3

Big Four of Shakespeare

My problems

A personal miscellany on Hamlet, Othello, King Lear, and Macbeth

4

Chaucer and hierarchy

The medieval hierarchy of Chaucer

5

Courtliness and Courtesy

The role of courtliness and courtesy in Shakespeare

6

Covert acts in Hamlet

Mystery within mystery in Hamlet

7

Crime and Punishment

A note on the Dostoevsky novel

8

Crime Fiction

A note on the novels of Donna Leon

9

Dead Proud Heroes

The argument, as Milton used to call it, is that the heroes of our two great epics, The Iliad and Paradise Lost, fell through pride.  We have grown out of heroes who seek honour through valour and we have grown out of the myth that a woman was the author of our original sin.  We look to our epics for heroes for our times.  The hero of The Iliad is Priam.  He declares that he is human by breaking free of the cycle of revenge.  The hero of Paradise Lost is Satan.  He has the courage to defy authority and to break the ties that stopped our becoming human.  Our epics still show us what we are.

10

Doctor Zhivago

The great novel of Boris Pasternak

11

Falstaff, Tchaikovsky, and Gatsby

Serendipity, theatre, concert hall and the Storm

12

Four pilgrims in Chaucer

Four pilgrims in the Prologue for Oxford Summer School

13

Henry IV at the Globe

A great play in a great theatre

14

Imagination, snobbery, and enlightenment

The place of snobbery and meaning in literature

15

Kangaroo

A note on the novel by D H Lawrence

16

Pasternak on Shakespeare

Thoughts of Pasternak on Shakespeare from two works

17

Poets in prose; and the First Fleet

Tony and Betty! Rope and Pulley!

Whimsy

18

Provincial Cooking

The art of prose of Elizabeth David

19

Rich and Will

Richard Burton on William Shakespeare

20

Riders in the Chariot

A great novel pf Patrick White

21

The novel as opera: dramatic truth

Thoughts on literary and historical meaning

22

Two big novels

Middlemarch and Les Miserables

23

Two novelists on Shakespeare

Tolstoy and Flaubert

24 Shakespeare’s Fan

John Keats idolised Shakespeare

25

Sons and Lovers – A Little Touch of Hamlet in the Night

D H Lawrence and Hamlet

26

Throwaways

The lines in Shakespeare that come from nowhere out of nothing

27

Who is that can tell me who I am?

The bottomless depth of King Lear

Foreword

These essays and notes come from the last five years or so.  They come from a lawyer and they do not claim to be works of scholarship.  I have written elsewhere about Shakespeare, great writing in history, and our great novels.  About half of the present pieces relate to Shakespeare, some in an anecdotal manner, although the grip of the Big Four goes on.  Most of these have been published by the Melbourne Shakespeare Society.  The other pieces relate to other kinds of writing, from cooking to crime, but with a few on novels.  The two substantive essays deal with great peaks in our literature – the role of Achilles and Satan in our two greatest epics, and our two greatest characters, Falstaff and Don Quixote.  If you said that the whole book was Quixotic, I would he happy.

Geoffrey Gibson

Malmsbury

Victoria

Reformation Day (Martin Luther Day)

2015

The 70th birthday of the author.

80,000 words

LOOKING DOWN THE WELL

Papers on legal history

Geoffrey Gibson

2015

CONTENTS

Foreword

1

1689 and 1789

Aide Memoire on Terminology

Different phases of constitutional change in England, France, and Russia

2

God Save Our Anglican Queen

Our Constitution is religiously biased in a way that is beyond us

3

Blackstone’s Magna Carta

A view of Magna Carta from the author of the American legal bible

4

The Role of Contract in the English Constitution

Why are English historians so coy about contract in their constitution?

5

The Dragon in the Cave

How America lost the War of Independence

As America continues to deal with the lesion of slavery and the separateness of black and white, its continuing fascination with God and guns means that it has not lived up to its revolutionary promise. The Americans do not understand the history of the English Constitution.  The decision of the Supreme Court in Heller is a throwback that puts into relief the failure of the nation to grow up.

6

English Serfs

What did serfdom mean in England?

7

Free Speech: Am I Free to Insult or Offend You?

The oppressor’s wrong, the proud man’s contumely.

A look at some of the nonsense about ‘freedom of speech.’

8

Hampden: A Note

A first look at Ship Money

9

How Moses v Macferlan Enriched Our Law –

 Lord Mansfield’s Heresy

The origin of our law of Unjust Enrichment

10

Jury and Parliament

From adviser to the Crown to the protector of the people.  We have not done enough to recognise how the jury and the parliament are there to protect us.

11

Penalties

How Do Public Servants Punish Us?

12

Positions of Trust: A Duty of Integrity

That we should know and respect our history does not entail that we should stay locked in jails built for other purposes.  The word ‘fiduciary’ causes people to go round in circles.

13

Sir Paul

The juristic work of Vinogradoff

14

The Ship Money Case

The case that stopped a nation: the biggest case ever?

15

The Trial of the Seven Bishops

Another case that stopped the nation – litigation as sport.

16

The Tyrannicide Brief

A review of The Tyrannicide Brief, Geoffrey Robertson, Vintage, 2006, PB $35.00 (429 pages).  (Written in 2006)

17

Three slippery words – liberty, freedom and prerogative

The ancients too were seduced by labels

18

800 Years On

Outlawry was a form of process, or unprocess, developed by Anglo-Saxons in the Dark Age when the notion of a judiciary was not known and when the only choice above this world was between God and Satan.  In the year of Our Lord 2015, the closest Australian advisers of Her Majesty Queen Elizabeth II – still the Supreme Governor of the Church of England but not the Empress of India – are conducting an audible debate about reintroducing a form of outlawry by depriving people of their rights as citizens of the Commonwealth without any judgment of their peers.  If they persuade the parliament and Her Majesty to make a law to that effect, they will risk going back more than 800 years and breaking a promise made by the English Crown that it would not go or send against any free man except by the lawful judgment of his peers or by the law of the land.

It took the English about seven centuries to build the rule of law and the Westminster system, with a little help from the Americans at the end.  It will take only a fraction of that time to lose both.  We have already given up two essential parts: that the executive should be run by an apolitical civil service with secure tenure, and that ministers should be responsible to the parliament for the failings of that civil service.  There has been an obvious and sustained decline in the quality of people attracted to the parliament or the executive.  That decline has not yet substantially damaged the judiciary, but there is little ground to hope that the decline will be reversed, or that the judiciary will remain untainted.

In a real sense, a lot of our legal process goes back to Magna Carta, given, it is thought, on 15 June 2015.  English philosophers have ignored it.  English legal historians and too many judges have just got it wrong, including some who should have known better.  Curiously, it is better known and better understood in places like the U S and Australia that are used to working under a written compact that separates powers and that has the force of binding and supreme law.

Magna Carta is one of the title deeds of Western civilisation, and the most significant tablet of the law in our history.  It is worth celebrating its 800th birthday.

Appendix

Some tips for young advocates

Foreword

A great English judge, Lord Devlin, said that the ‘English jury is not what it is because some lawgiver so decreed, but because that is the way it has grown up’.  That is so true of almost every part of our law.  Our law is its history.

This is why anyone claiming to be a real lawyer, and not just a bean-counter or meter-watcher, needs to get hand to hand with our legal history.  It is a rollicking story going for more than a thousand years of a people with a genius for law-making while pretending that they were doing no such thing.  It is the story of how the world got its only workable way of protecting people against bullies and each other – whether in the form of government or at large.

That which took a millennium to construct could be washed down the drain in a generation.  We have already trashed two vital parts of our governance – responsible government, and an independent civil service – and we have been scandalously weak in standing up for juries.  These failings come in large part because we have chosen to forget and then betray our heritage.  Sadly, I see no prospect of that decline being reversed.

Geoffrey Gibson

Malmsbury

Victoria

Australia

31 October 2015

70 years to the day from his birth.

95,000 words

SOME HISTORY PAPERS

Essays on Modern History in England and Europe

Geoffrey Gibson

Melbourne, Australia, 2

 

CONTENTS

Foreword

1 A Remarkable Politician- Joseph Fouché

The life of Fouché, terrorist in the Revolution, who survived Robespierre and then Napoleon – a cold blooded killer who became the ultimate survivor.

2 A Secular State

A look at the impact of the Reformation on the rule of law and the secular state in England and France compared to Spain under Franco.

3 A C Grayling

The Philosophy of a Man and the Atom Bomb

A detailed study of the arguments about bombing cities and civilians.

4 Cromwell

A short analysis of Cromwell as dictator following a Summer School at Cambridge taught by Dr David Smith.

5 Foretelling Armageddon

The Two Books that Predicted the Rise and Fall of the Third Reich

(With note on the Rise and Fall as they happened)

An essay on how Keynes and Hitler wrote books that predicted in detail the Second World War plus a summary of events as they unfolded.

6 La patrie violente

A detailed view of the century of unrest and violence that followed the outset of the French Revolution and reflections on the notion of historical truth.

7.Money and Politics

American gridlock and the refusal of supply – a failure in governance.

8 Napoleon and Hitler

Meditating upon Evil

A detailed comparison of the lives of Napoleon and Hitler and of the deaths they caused.

9 Oxford Essays on the Stuarts

The Anti-Catholic Tradition in late Stuart Society

Two essays about the Stuarts and the Constitution for an Oxford Summer School.

10 Some historians

An essay about great British and European historians, and Pieter Geyl.

11 The Have-nots are Going Down

A brief note on the rising problem of inequality.

12 The Last Two Samurai

An essay on how Lloyd George and Winston Churchill led a social revolution and brought in the Welfare State.

13 Faust and Perfidy in Albion

The Treaty of Dover 1670

How a King Sold his Soul – Or Did He?

An essay about a king selling out a country for God and gold.

14 Why the French Revolution was not English

An essay on the differences in revolutions in France and England.

15 Witchhunts, Holy Wars, and Failures of the Mind

An essay on witchhunts and holy wars from Salem to McCarthy; consideration of relations between Church and State.

Foreword

These papers were written between 2008 and 2015.  They relate to what we call the modern history of Europe and Britain.  Some were written in or as a result of Summer Schools at Cambridge and Oxford.  For example, the two pieces headed Foretelling Armageddon were first written as course notes at Clare College Cambridge, and now can be found in the fifth volume of A History of the West.

Five of the essays deal with the two big questions that have followed me for fifty years – how did France and Germany, two of the most civilised nations on earth, succumb to their total moral collapses, and with such frightful consequences for the rest of the world?  If you are being raped or killed by a soldier, do you care about the motives of those who sent him.

Three of the pieces deal with issues in Stuart England, and all come from Summer Schools.  My notes on Cromwell come from a remarkable weekender at Cambridge taught by Dr David Smith; those on the Stuart parliaments come from a week at Oxford taught by Dr Andrew Lacey.  The story of the Treaty of Dover should be told in a play or film.

There is a long look at the very flawed views on the bomb of A C Grayling, who might just be too busy to be able to indulge in scholarship, and a piece on the great story of Lloyd George and Winston Churchill on the People’s Budget – at a time when politics had real leaders.  The piece on witchhunts is the oldest, but the bullying of the majority is still just as threatening.

These are contributions by a lawyer and a legal historian whose professional training teaches him to proceed by example, and to look at what goes on elsewhere.  I hope that you enjoy them.

Geoffrey Gibson

Malmsbury

Victoria

Melbourne Cup Day, 2015.

128,000 words.

New Book

I have just put on Amazon a new book.  Its title is:

Summers in Oxford and Cambridge and Elsewhere

A traveller’s reflections on history and philosophy – and place

The Foreword says:

This book is a collection of memoires or essays that were written in the course of travels to Oxford or Cambridge or both to attend summer schools.  There is a note on the philosophy of religion and a note on Cromwell, but otherwise the notes consist of anecdotes and reflections more on the places visited and the people I met there than on the subjects that were taught.

I am fortunate to have been able to make these excursions, and I hope that others may be encouraged to do the same.

The contents are:

PRAGUISH 2005

PHILOSOPHY OF RELIGION (OXFORD) 2007

OF BERLIN, OXFORD AND ELSEWHERE 2007

A WEEK AT OXFORD AND CAMBRIDGE 2009

BERLIN NOW – A MOLESKIN DIARY 2010

OXFORD AND CAMBRIDGE 2010

CROMWELL (CAMBRIDGE) 2011

SOJOURN IN SCOTLAND 2011

CAMBRIDGE AND OXFORD 2013

The first essay starts this way:

There is something Italianate about the Prague Symphony of Mozart.  There is a lyrical throwaway line at the end of the second theme in the first movement; it is one of those wanton indulgences that remind you of Shakespeare.  Then there is an exuberant trilling in the last movement, the kind of village band feeling that you get with Verdi.  We are looking at Mitteleuropa, but with an Italian edge.  You might call it ‘Praguish’.

Well, Prague, like St Petersburg, does have an Italian feel.  The architects dressed each in lush Mediterranean colours.  Both cities love yellow.  I was standing on the hill under the castle – where they shot a lot of that great film on Mozart, Amadeus – staring at a yellow church and trying to pretend not to be listening to a guide informing her squad.  I was listening – she was very good – and it took a while for it to sink in that I was reading a tablet on the church that said: Tu es Petrus, et super hanc saxum, meam ecclesiam aedificandam.  (I do not vouch for the Latin.  ‘Thou art Peter, and upon this rock, I shall build my church.’)  The beginning of the Catholic Hour that I listened to on 3AW every Sunday Night!  At 9pm – to hear the Trumpet Voluntary.   Except, as I recall, those modernist revisionists used English, not Latin. (That would not do for Madingley Hall, Cambridge.)

Prague came back to me recently at Oxford.  There was a thirty – something German lady there whom I had met before.  I shall call her Charlotte.  She has what might fairly be called firm views.  She is not what you might call Praguish.  She was struck dumb by my ‘Smash the Monarchy’ T-shirt – how preposterously non-Lutheran!

I said to Charlotte that Berlin was my favourite city in the world.  She replied that Berlin has good points and bad points.  This was an unusually catholic and embracing response from Charlotte.   I therefore thought that I would honour it with an anecdote.  ‘When I left Prague, I hired a car to…’  Half-way into the sentence, I realized that I was committed to a faux pas of John Cleese proportions.  ‘…take me to Lidice, the little town wiped out by the German SS as a reprisal for the killing of Reinhardt Heydrich.’  It was one of those in for a shilling, in for a pound moments.  You just keep going and focus on keeping a straight face.  Charlotte did not blanch, but for a split second gave me one of her trade mark steely, glassy stares, above her tailored slacks and French shoes, and off the shoulder cashmere.

Later that week, I was in a discussion with Charlotte and others about the dangers or uselessness of philosophy.  Some death wish led me to say that an English writer named Grayling had said that the Allied bombing of German cities was wrong – and that some pilots should have refused to fly.  I regard that proposition to be as insane as it is offensive.  Charlotte thought it to be self-evidently true.  She said one English pilot had refused to fly over Dresden.  I doubt whether that is so – he could have been shot – but I bailed out.

It would have been idle to ask how many German pilots refused to fly over London or Coventry; it would have been insane to ask how many of the Schutzpolitzei at Lidice refused to take part in the murder of the men, the rape or enslavement of the women, or the enforced adoption of Aryan looking Czech children.  The one thing that I am sure of is that no one in occupied Europe was complaining that the British or American air forces were being too hard on the Germans.  You only hear that nonsense from unemployable philosophers who have never held down a real job, much less have been in a real war, but who have been breast fed on pure bullshit.

The point of my Lidice anecdote about good and bad in a city was a good one.  I had both a driver and a guide – it was just after the Wall had come down.  As we were driving out, I said to my most charming female guide that ‘You have a beautiful city here in Prague – a real chocolate box city.’ She looked at me wanly and said: ‘You can say that because you have not been to the industrial estates where the skin-heads kill the gypsies.’  She said it almost philosophically; she was evidently far more intelligent than A C Grayling.  But she was worried about the tensions developing – again – between Czechs and Germans, and by the time we got out at Lidice, she was, I thought, a little stressed. 

From Lidice, we went to the airport, from where I flew to Budapest.  I have three abiding memories of that old city.  I saw a great performance of a ballet of Anna Karenin to the music of Tchaikovsky’s fifth and sixth symphonies in the opera house.  I went to the baths and did not know whether to worry more about my wallet or my person.  On the morning I left, I felt intimations of the trots – of which I have a holy terror when flying.  At the head of a reasonable queue in my hotel, I told a smart middle aged female Hungarian concierge of my problem and then sought her assurance that the tablet that she smartly produced was of the stop, not the go variety.  I told her I was in the hands of her and God, and I swallowed it.  As the bus neared the airport, I felt that comforting, settling feeling.

It was a beautiful sunny day as we flew up low along the Thames and up to the west end. I could just about point out the Cavalry and Guards Club over Piccadilly from Green Park.  You feel like tapping the pilot on the shoulder: ‘If you could put me down here, Sportsman, it would save a lot of buggerizing around on the ground.’

When I got to the Cavalry and Guards Club, about three hours later, Peter, the porter, was on his own, shirt open, braces, and toast on.  You can fire cannon through these places on the weekend.   I had known Peter for years and I was very fond of him.  He was at peace this day. David Gower was in, and batting beautifully.  I got my key and lugged   the bag up to the single quarters on the third floor.  Window on to Piccadilly; dunny 10 yards one way; bath – no shower – 10 yards the other way. 

After a decent interval, I went back to see if there was a room free in the married quarters – where there are showers.  But the mood was very different. The toast has burnt, and Gower was out, the weak bastard!  I asked Peter about the married quarters.  He gave me a very pained look and said ‘You don’t want to change rooms already, do you?’  Well, shit, of course not.  The very idea was ridiculous. I sloped off to the RAF Club just up the road for a couple of heart starters and a meal in the Buttery.

Some few visits later, I made a different faux pas. I went down to the front desk. There was a figure in the gloom.  I said I was looking for Peter, but as he came into the light, I saw that it was he.  He was dying.  It was very sad.  As I left, he shook my hand firmly, for the last time, as we both knew.

The last note commences:

At breakfast on Saturday at Cambridge, an elderly German lady from my class gave me a big smile and asked me if I had ‘settled down yet’.  A very urbane English man also gave me a big smile, but when I asked if we should go easy on the bastards, he said that I would be betraying our birthright.  The plural was not royal.

The course was on how to settle wars, but the title was worryingly verbose.  I was having a drink before dinner with the Post-Modernist Post-Colonial Lit In Crowd of Studies in Advanced Victimhood With Honours and I was happy to be rescued by someone saying that he was there for war and peace.  (I read in my notebook that someone said that modernism was like playing tennis with the net down.)  This rather mournful soul was one of the two advertised tutors.  He looked like a Shropshire vicar, but he would have to do. 

Then I met his mate.  Fat, bearded, and wild eyed.  The Naval Buddha.  With a naval emblem on a navy jacket.  Dead set dangerous at any rate of knots.  Not the least troubling part of a very wordy c. v. were the words ‘Doctor’ and ‘Professor’ sliding in and out with no mention of any primary degree – they hang people, or shoot them, for that in Germany.  I doubt whether either of our heroes had worn a uniform, but they had taught those who do.  That is not an enticing recipe – in Oz, it has been an outright disaster.

Wait – the Naval Buddha was a petrol head.  There might be hope.  But no – when I mentioned my admiration for Michael Schumacher, the Naval Buddha permitted himself one of those vesuvial effusions for which he would become justly infamous in the upcoming bunfight.  ‘Michael Schumacher never won a race unless he cheated.’  This remark is a silly as it is false, but the N B, like the Famous Bluebottle, paused for applause.  But what if he had been addressing someone who admires Schumacher – and he was – what would that say for his taste and judgment?  In the appalling argot of our time, what might that do for the brand of his then employer?

So, I took a stiff pull of my Spanish red, and thought I might mention the course.  I said how much I admired Keynes’ The Economic Consequences of the Peace for both intellect and courage.  The tutors exchanged long, sad, knowing looks, and said that it had caused ‘endless trouble.’  Why?  Because it had helped the Germans say that they had been hardly done by.  Oh my God – might this just have been the case? 

Not palely loitering, I trudged alone to dinner and the Latin grace, firmly grasping my bottle of Spanish red, with a sickening awareness that this would be a course like those in Peace studies, or African studies, or Feminism – or any bloody ‘ism’ – pure, pure bullshit, something close to intellectual fraud.  Opening up universities that we are pleased to call iconic to the unwashed is bonzer.  Retailing bullshit is not.

There were only five in the class.  There was the very worldly and bright Englishman.  There was the German lady who had lived through the war and knew more about the subject than any library.  Her companion was not far behind her.  And then there was the English lady in her nineties.  In my very fond experience, they do not say much, but they can be deadly. 

You can make many mistakes teaching adults.  The worst is to underestimate and then insult your class.  The Naval Buddha did both, in spades, and what followed was what John Milton coined Pandemonium.  The subject was the change in the character of warfare in the nineteenth century (without any reference to the Grande Armee, which to me is a bit like discussing the Fall without mentioning Eden).  If you are suspicious of large claims, you are not relieved to hear them introduced by references to ‘socialization’.  If you were about to be slaughtered at Balaclava, would it have helped to reflect that you were being socialized? 

I did not ask what the word meant for fear of being landed on the rim of an infinite regress, but my English colleague did ask, and he persisted.  Within five minutes, it was a free for all shitfight on the very sensitive political subjects of Iraq and Afghanistan – and open season on one former English PM (who is almost as unpopular as Mrs T.).  It was not edifying.  I enjoy a good shitfight but I object to paying for one.  At one stage the polite aging German lady said to the N B ‘If you believe that, you are living in Wonderland.’  My astute English colleague was most enlightening – he had friends who had flown combat missions in these appalling wars, and he spoke with evident feeling commanding intellectual respect on these issues.

The two tutors looked very bruised the next morning.  They changed their route of campaign.  The N B would read a paper.  There would be no questions or comment until he was finished and then only through the chair.  We had been gagged.  Still we bore up with it manfully, and politely. 

Out tutors told us we should be grateful for opinion polls.  Saying this to an Australian is like asking the Holy Father to hand out condoms during Mass.  Elections have become a boring sideshow.  What counts are polls taken by clever, rich, unattractive parasites on the basis of which a junta of Mafia dons posing as factional leaders and newspaper editors choreograph political assassinations which lead to the promotion of even worse bastards than we had before.  Then one tutor said that at least they – polls – were better indicators than cab drivers.  If we speak of London or Berlin cab drivers, this remark is a sad reflection on the dangers of faux science.

Then Keynes came up.  I know nothing of the Black Magic that we call Economics, but my admiration for Keynes as a man is almost unlimited, and as a mind I would mention him with Newton, Darwin, and Einstein.  I may of course be wrong, whatever that means, but I have deeply considered convictions about Keynes and Versailles.  Keynes had at least two things in common with Dietrich Bonhoeffer – he was part of the noblesse oblige by birth and instinct; he lent honour to that awful word patriot. 

The Shropshire vicar then ventured the private view that Keynes had been a ‘bit of a clot.’  This was at a university that Keynes had served with utter fidelity for his entire adult life, as he had his school and his nation.  I have a nightmare vision of the N B saying that the main problem with the Treaty of Versailles was that it was not hard enough on the Germans.

In the book that I have mentioned, Keynes shirtfronted his own government with infinite courage, and he said two things.  Versailles would break and bankrupt Germany.  Their revenge would make the first war look like a cakewalk.  Each prophecy was fulfilled to the letter, and more than forty million dead witnesses would offer mute testimony to our inability to see it.  And there is a cemetery of eerie beauty to American airmen just around the corner from Madingley Hall. 

I try not to get offended – it is in truth a weasel word – unless I should be, and this was one of those times.  I was deeply offended.  In some rootless, obscure way, I was offended in my sense of scholarship, and I am revolted by personal disloyalty.

Still, we kept our calm.  The N B referred to his next posting and said that as part of the deal he had donated his library to the institution.  And then our nonagenarian colleague spake, I think for the second time.  It was like a blue-tongued lizard on a smouldering hot rock at Onkaparinga:  ‘Do you mean a bribe?’  Zap!  You’re dead, Sport.  Bliss.  The rest of us crossed ourselves movelessly, as I contemplated my white-lied escape to Oxford at lunchtime, and my happy deflowering at the hands of British rail tellers.

Throughout all this madness, two lines kept coming back to me out of nowhere.  One was the remark of an Australian at Gallipoli: ‘Tonight we lost our amateur status.’  The other was a remark by an American journalist to lawyers at a Washington lunch in 1984: ‘Welcome to Washington, where you and the cab driver are seeing the city for the first time.’

 

I commend the book.

Accidents happen

ENGLAND IN THE AGE OF THE AMERICAN REVOLUTION

Every time I go back to Sir Lewis Namier, I think of Tiger Woods and Michael Schumacher – after him comes a lot of blue sky before you get to the next bloke.  He is a clean cut above the rest.  He is one of those writers who soon assure you that you are in the hands of a commanding intellect.

Namier certainly revolutionised our notions of history.  It would be tart to say that he said that it should be based on evidence – but that looks to me to be the gist of the revolution.  Rather than talk about what groups of people may be said to have done, Namier looked in great detail at the hard evidence of what named people really did, and he then worked on framing a narrative.  His period was eighteenth century England, but his microscopic research into and cataloguing primary sources led him to focus on the year or so following the accession of George III.  In the result we get an account of the political manoeuvrings leading to the first election of that reign and its consequences that looks as detailed as an account of an election held last year.

What you get are flashes of insight that you do not get from the standard histories of the Hanoverians.  The notion of ‘parties’ goes out the window for that period, but we get a full understanding of what they called patronage and we call corruption.  A lot of it makes the Godfather look like a novice.  And every so often, the author permits himself what might be called a philosophical observation that shows the breadth and depth of this historian’s mind.

In 1760, Pitt was the leader, the Minister for Measures, and the Duke of Newcastle was the machine man, the Minister for Numbers.  But Lord Bute had the ear and trust of the new young and innocent king.  Namier and history formed a low view of both Bute and Newcastle, but how would that minuet play out?

The game which in November 1760 started between Bute and Newcastle provides material for an exquisite comedy.  But historical comedy is never written.  Authors of historical novels have merely to imagine the past as the readers like to see it.  Writers of serious biography have critically to examine records of fact as handed down by the actors or their contemporaries, and then, without smile or grin, adopt what Meredith describes as an ironical habit of mind – ‘to believe that the wishes of men are expressed in their utterances’……It is more difficult to grasp and fix the irrational and irrelevant than to construe and uphold a reasonable but wrong explanation, and this is the greatest difficulty both in dealing with contemporaries and in writing history.

There it all is in one hit – especially as Namier, like Carlyle, sees history as a bundle of biographies.

….History is made up of juggernauts, revolting to human feelings in their blindness, supremely humorous in their stupidity.  [The author illustrates this point by referring to the famous painting of Goya of the execution by Napoleonic troops of Spanish peasants, and the ‘Fall of Icarus’ by Breughel’ – ‘the true humour of the tragedy is not so much the pair of naked legs sticking out of the water, as the complete unconcern of all the possible onlookers.’]  History of infinite weight was to be made in the absurd beginnings of a reign which was to witness the elimination of those who had hitherto governed England, the speedy and irretrievable grace of him who brought about their downfall, the lunacy of the man who meant to be King, the ruin of the life and achievements of the greatest statesman of the age, the break-up of an Empire such as the world had not seen since the disruption of the Roman Empire – history was to be started in ridiculous beginnings, while small men did things both infinitely smaller and infinitely greater than they knew.  For purposes of historical comedy, and with a view to destroying some beautiful and rational legends, it will pay to follow up in some detail the duel between these two reputed leaders and statesmen, Newcastle and Bute.

And that is what Namier does for the rest of the very substantial book called England in the Age of the American Revolution.  Have you seen a better job description for a historian?

Much earlier in the book, Namier had said:

Those who are out to apportion guilt in history have to keep to views and opinions, judge the collisions of planets by the rules of road traffic, make history into something like a column of motor accidents, and discuss it in the atmosphere of a police court.

All this is very deep.  It is not surprising that Namier got up the nose of the establishment, but a distinguished contemporary, Sir Geoffrey Elton (another immigrant with an Anglicised name) said much the same thing: ‘the general theories err in seeking profound causes for what is in truth a series of accidents tied together by a quite small number of personalities on either side.’

Hindsight badly blurs the role of luck – or accident.  All history turns on accidents.  My favourite example is the second day at Gettysburg when a young colonel from Maine, a lecturer in rhetoric, saved the day with the most cool valour under murderous fire – but for his survival and command, the day and then the battle could well have been lost – and with it, the Union, and the bulwark of Europe against Germany in the next century.  Another example occurred nearly 20 years before Waterloo on 10 May 1796 when French troops under the command of a young general bent on making a name for himself showed enormous courage to storm and take a wooden bridge 200 yards long in the face of constant fire and repeated grapeshot cannonades   The French troops named their general le petit corporal for his courage, but if one Austrian bullet had deviated an inch or two and killed Napoleon Bonaparte, the whole history of Europe and the world would have been different.  I would not be here, and God only knows what the view outside would be like.

While giving his views about the tawdriness of the ‘duel; between Bute and Newcastle, Namier said: ‘The greater a man’s power, the less can he gauge the outcome of his own actions; and it is only a truly humble recognition of his own limitations that lifts the great, sincere, religious man beyond the realm of historic comedy.’

Sir Lewis then referred to an anecdote about Lord Salisbury who was three times Prime Minister of England at the turn of the nineteenth century.  (According to Wikipedia, Clement Atlee was asked in 1967 who was the best PM in his lifetime, and he nominated Salisbury immediately.)  Salisbury had been entertaining guests at the family estate at Hatfield.  It was a time of the most acute international crisis, and the guests were keen to offer Salisbury their condolences for the grievous responsibility bearing upon him.  He was relieved when they left.  He was about to take a walk.

I didn’t understand what they were talking about.  I should understand if they spoke of the burden of decision – I feel it now trying to make up my mind whether to take the greatcoat with me.  I feel it in exactly the same way, but no more, when I am writing a despatch upon which peace or war may depend.  Its degree depends on the materials for decision that are available and not in the least upon the magnitude of the results which may follow….With the results I have nothing to do.’

We can see why those remarks of his Lordship may have appealed to Sir Lewis Namier.

[if you click on the book title at the head of this post you should get some remarks about Namier from a book I wrote.]

Eight hundred years on

Outlawry was a form of process, or unprocess, developed by Anglo-Saxons in the Dark Age when the notion of a judiciary was not known and when the only choice above this world was between God and Satan.  In the year of Our Lord 2015, the closest Australian advisers of Her Majesty Queen Elizabeth II – still the Supreme Governor of the Church of England but not the Empress of India – are conducting an audible debate about reintroducing a form of outlawry by depriving people of their rights as citizens of the Commonwealth without any judgment of their peers.  If they persuade the parliament and Her Majesty to make a law to that effect, they will risk going back more than 800 years and breaking a promise made by the English Crown that it would not go or send against any free man except by the lawful judgment of his peers or by the law of the land.

It took the English about seven centuries to build the rule of law and the Westminster system, with a little help from the Americans at the end.  It will take only a fraction of that time to lose both.  We have already given up two essential parts: that the executive should be run by an apolitical civil service with secure tenure, and that ministers should be responsible to the parliament for the failings of that civil service.  There has been an obvious and sustained decline in the quality of people attracted to the parliament or the executive.  That decline has not yet substantially damaged the judiciary, but there is little ground to hope that the decline will be reversed, or that the judiciary will remain untainted.

In a real sense, a lot of our legal process goes back to Magna Carta, given, it is thought, on 15 June 2015.  English philosophers have ignored it.  English legal historians and too many judges have just got it wrong, including some who should have known better.  Curiously, it is better known and better understood in places like the U S and Australia that are used to working under a written compact that separates powers and that has the force of binding and supreme law.

Magna Carta is one of the title deeds of Western civilisation, and the most significant tablet of the law in our history.  It is worth celebrating its 800th birthday.

I

Was it hot that day at Runnymede on 15 June 1215?  The barons, they say, turned up armed.  As well they may have – they were, as we say, up in arms.  They were revolting against their king.  And how they must have stunk – the king took a bath every three weeks; it is hard to see his barons being more regular.  They were a caste in transition from being rude Norman chieftains to blunt English magnates.  The courtliness that we see in courtesy was yet to be embraced by what passed for the aristocracy back then.

Feudal society involved what we would now call vertically integrated protection.  The barons (lords or peers of the realm) gave homage to their king, who gave them protection in return.  He had his courts; they had theirs.  They passed on their protection down the line to those beneath them in return for pledges of loyalty.  It was like the Mafia.  A man without a lord was in a bad place.

Doing the best that we can looking back from here, it does look like lords and vassals entered into kinds of compact or association when they gave and took promises and pledges between themselves.  We would say that there were mutual promises.  Since English kings claimed rights in Ireland and France, there was a range of peoples who might claim some right of choice about who they would give their allegiance to and accept as their lord.  We see this clearly in Shakespeare’s history plays. 

Politics then was very man to man.  There was a twelfth century aphorism ‘be in court when your friends are present and your enemies are absent.’  In his magisterial work Feudal Society, the French historian Marc Bloch had no doubt that ‘vassal homage was a genuine contract and a bilateral one.  If the lord failed to fulfil his obligations, he lost his rights’.  Among the justification for deposing a bad ‘prince’ (a king) was ‘the universally recognised right of the vassal to abandon a bad lord.’

At the heart of our notion of the rule of law – what distinguishes us from, say, Russia – is the notion that our ruler can only rule with the consent of the those who are ruled (the people) and that since everyone is equal in the eye of the law, the ruler too cannot be above the law but must be subject to it.  At least the germ of each notion is in the charter called Magna Carta, or the Great Charter of 1215, and that is why it is venerated in the U K and if anything more so in the U S and in this country.

II

There were in substance three main parties involved in making the Great Charter of 1215: King John, his barons, and Pope Innocent III.

Shakespeare saw King John as a weak and unloved king, and his press has not got any better since then.  A monastic chronicler in the 1240’s said: ‘Hell itself is defiled by the presence of King John.’  He was the last son of Henry II and Eleanor of Aquitaine, and the brother of and successor to Richard the Lionheart.  Henry II had a very long and successful reign.  He was a remarkable reforming king who may be called the English Justinian.  He was in some ways the father of the common law, but he is popularly remembered for something else that is germane to our subject.

King Henry II appointed a worldly man named Thomas Becket as Chancellor and then as Archbishop of Canterbury.  Becket had fought alongside the king and acted as ambassador to Paris.  Becket was neither a monk nor a priest, just a politician.  Henry may have completely misread him.  Dr A L Poole described Becket as ‘a vain, obstinate, and ambitious man who sought always to keep himself in the public eye; he was above all a man of extremes, a man who knew no half measures.’  That kind of person is not cut out for politics, especially if he is not too bright.

There was conflict over the unwillingness of the Church to allow the State to try clergy.  Henry laid down the law for Royal Justice in the Constitutions of Clarendon.  The Archbishop refused to roll over or toe the line – but Henry had appointed him to do just that.  Thomas was condemned by Henry’s court at Northampton on rough charges of contempt.  He turned and said: ‘Bastard lout!  If I were not a priest, my right hand would give you the lie.  As for you, one of your family has been hanged already.’

The haughty Archbishop went into exile for six years.  A political deal was put together, but when Thomas came back, he excommunicated bishops who had crowned a prince in his absence.  This was like declaring war on his king.  Knights who were zealous of the interests of the king were sent to remonstrate with Thomas.  They murdered him instead.  Politics then were more terminal as well as more personal.  It was as if Becket had wanted to die, and become a martyr.  The king did penance, but he maintained the royal line, and the English crown did not forget – Henry VIII, not necessarily in his role as Defensor Fidei (Defender of the Faith), made it illegal to call Becket a saint.

The immediate aftermath of the murder is instructive of the credulousness of the times and of the willingness of the Papacy to intervene in other nations’ business.  This vain, second-rate politician, who was not even of the cloth, was made a saint in near record time by popular demand.  In a short time an order of knights of St Thomas of Acre was instituted in the Holy Land.  Churches were dedicated to him, as were any number of miracles – and these were English miracles, God bless them!

Rome was ruthless on the English king and quite casually impeached the sovereignty of the realm.  Their king was forced to allow appeals to Rome, and he was required to provide for the support for 200 knights for a year for the ‘defence’ of Jerusalem.  He was required to take the cross for three years himself unless he was excused by the Holy Father.  This of course he was – he bought off his conscription to fight the Saracens by founding three monasteries.  These were really morbid and venal times and the Church was in up to its neck.

Well, the Church had had a kind of moral and political win, but the days of some kind of protectorate or apartheid for officers of the Church from the laws that applied to everyone else, including the king, had to be limited, and the reaction might be very nasty indeed.  It is not an issue that any church would want to run with today – arguing that priests who have been guilty of crimes against their flock should be protected by their church from the law of the land – and when in 1533, the English Parliament would in its break from Rome exultantly proclaim that ‘this realm is an empire’, it would do so in an act to restrain appeals to Rome.  The jackpot of course would come with the confiscation of the monasteries, including, one supposes, the three that Henry II donated to beat the papal draft.

King John was never in the same league as his father as a ruler.  He loved plotting, but he was not much good for anything else – except perhaps cultivating mistresses, at least a dozen, and breeding bastards.  He is thought to have procured the murder of a nephew who had claims to the throne.  His manifest untrustworthiness helped to shape our story, as did his choosing the wrong side in the fight of his life.

The barons might resemble either Mafia Dons or Jihadists, depending on your taste – whether you see the exercise as one involving terrorism is after all little more than a matter of taste.  One of their leaders, Robert fitz Walter styled himself ‘Marshall of the Army of God and Holy Church’.  The law itself was violent and relied on violence for its execution; officers of the king were liable in their bodies for the conduct of their offices. One of the 25 barons appointed under the Charter, Robert de Ros, was a marauding land rustler whose men attacked agents of the Sheriff of Yorkshire with bows and arrows.  Whatever else might be said about these barons, they were not stupid politically, and they had within them the seed of those king-breakers from hell who would humiliate the Stuarts more than four hundred years later, and lay the platform of what we know as the Westminster system.

Innocent III came from a family of the Italian nobility that produced nine popes.  As pope, he became the most powerful man in Europe.  He put down heresy or other defiance, if necessary by slaughter.  He interdicted and excommunicated kings.  He had the power of everlasting life and death over all Christendom and he did not tire of using it.  He was offended by the Saracen recapture of Jerusalem.  He launched the Fourth Crusade and his taking of Constantinople had lasting effects on world history.  He was probably harder on heretics than Muslems.  What is known as the Albigensian Crusade led to the slaughter of about 20,000 sectarian opponents.  Innocent III was not a ruler to be trifled with.  He was much tougher and stronger than King John.  It would take the English nobility much longer to get the upper hand over the Vatican.

III

Tax and overseas military service are likely sources of conflict between the crown and the people.  Frequently the two combine when the crown has to increase its taxes in order to fund a war.  John got into trouble with his barons on both counts.  King Charles I would lead his country into civil war in 1641 over his attempts to fund his armed forces.  King George III would lose the American colonies when the English parliament tried to recover the costs of a French war and colonial defence from the American colonies.  King Louis XVI of France would lose his crown and then his head after failing to get the will of the people to lift the insolvency he had led France into in backing the Americans against his old foe.  The question of foreign wars was all that more personal in the Middle Ages because a paramount duty of a feudal knight was to render military service to help his king in his wars.

The slide of King John into what we now know would become a civil war and his death may now be seen to have started with his loss of his French lands in Normandy.  He in substance deserted a campaign that he had been conducting there.  One contemporary source said that he skulked his way back to Canterbury.  He complained of the treachery of his Norman barons, and set about planning his return.

First he had to secure England.  Everyone in England over the age of twelve was required to swear an oath of fealty, and then an oath to observe a statute of common defence.  Then he invented a new tax.  (Prime Minister William Pitt would introduce a new tax many hundreds of years later solely for the emergency of dealing with Napoleon.  It was called a tax on incomes.)  John claimed a thirteenth of the wealth of his subjects.  It was like a Mormon tithe.  He tried to dress it up as a feudal ‘aid’, but this was a tax, and a hated tax.  It may have been taken with the ‘counsel’ of some barons and bishops, but they did not represent the realm.

The Thirteenth was a great success economically, but in our terms it would be seen as a direct charge on the wealth of those whose support the king needed to govern.  And it was not levied under any custom or precedent.  Looking back now, we can see what will become a familiar pattern of the dependence of the crown on wealthy subjects for money alternating with the resistance of those subjects to the crown.

In November 1213, the sheriffs were ordered to send four knights from each county to assemble at Oxford on the feast of All Saints ‘to speak with us’ – the royal plural – ‘concerning the affairs of the realm’.  Here is a king driven to call in the notables of the realm to give him counsel – and most importantly, to agree to give him money.  It is a fate that would await each of Charles I and Louis XVI, but in each of their cases, the process proved to be terminal.

The knights were to attend armed – John needed to assess his military strength.  Medieval politics were at once more personal and demonstrative – a king was only as good and strong as his results were – but here you can see the germ of a parliament and its eventual victory over the crown by achieving control of revenue.

Resistance was mounting, especially from the barons up north.  Many shires refused to account to the king.  The barons then did something very English.  They went back to look for a precedent.  They got hold of the coronation charter of Henry I way back in 1100.  They now had Stephen Langton on side.  On a high altar, all men swore an oath to go into open rebellion against King John unless he confirmed the liberties set out in that charter.  That charter had begun by bemoaning the heavy exactions that had been laid on the kingdom, but these oaths would be echoed in the Tennis Court Oath sworn by members of the National Assembly at Versailles in 1789.  Other coronation charters were included in the dossier and translated into French so that they could be understood by the barons.  This was high level PR, but if there was a deal to be cut with the king, the barons would have lots of precedents.

Then John played the Holy Land or Jerusalem card.  He agreed to take up the cross and join the crusade.  Innocent III was thrilled to bits at this display of patent piety– but he was also enraged by anyone who might stand in the way of King John – which, at the end of 1214, included a large part of the English people, and what looks to be a clear majority of those with any clout.  In a letter written after the Charter was made, Innocent said that the rebel barons were ‘undoubtedly worse than Saracens, for they are trying to depose a king, who it was particularly hoped would succour the Holy Land.’  We need not pause to inquire whether it occurred to the Holy Father that this unrepentant rat of an English king could not have given a hoot for the Holy Land.  (We know that Shakespeare had a very measured view about the motives of English kings and the Crusades.)

The most recent biography of John, by Professor Stephen Church, published this year (1215), and from which a lot the historical detail of this note is drawn, says:

It is a fundamental aspect of the politics of 1215 that each of the parties was attempting to pursue its objectives through legal means.  Neither side wished to be seen to be acting illegally, and as a result, both acted cautiously.

We need to put much more weight on the second proposition than the first.  They were after all approaching that settlement, by agreement rather than force of arms, which would found the ideas leading to what we know as the rule of law.  That result was far from inevitable, but if you think that there is an inherent impossibility in a subject lawfully rebelling against his king under arms, hold your judgment a while – because that is just what John would be driven to agree to.

Professor Church is plainly right that neither side wanted to get caught going outside the law, and he here touches on an attribute that is part of the English genius for politics – the ability to rewrite history to suit their ideas of legality, and leech the story of revolution or other violence.  It is a facility shown by a nation whose lawyers were brought up on two things – precedents and fictions.  You just had to blend the two together – seamlessly, and with a straight face.

Innocent III was not so inhibited.  He ordered the barons to desist from threatening to use arms against their king, and he directed Langton to watch his back and to settle the dispute.  The barons, and the rest of England, were under no illusion about what side the pope was on.  He now claimed to hold John’s title to England.  Any suggestion that the barons could look to the pope for independent arbitration would have been laughed at.  The pope was moving to put them outside of at least ecclesiastical law.

Remember that the barons now had sworn to act together.  This is what the law would later condemn as a combination or conspiracy, and was not dissimilar to what Lincoln and the Union faced with the Confederacy.  The pope was escalating the dispute.  The barons therefore formally repudiated their homage to their king.  They said that they owed him no obedience at all.

This was then the equivalent a party to a contract now saying – you have by your conduct repudiated our contract and shown that you will not honour it: I shall not ask the courts to hold you to your contract; rather, I shall accept your conduct as bringing our contract to an end; as a result, I no longer have any obligation to you under that contract; I am free to make whatever alternative arrangements I see fit, and to hold you accountable for any damage that I suffer in that process.  That law was at least five centuries away in the future, but people did not have to wait for that to say that you cannot hold me to my promise if you have said that you will not keep yours.

The barons enlarged their combination or confederacy by entering into a sworn association with the people of the city of London.  This is important because it suggests that the barons were not just fighting and negotiating for their own particular rights and privileges.  They would claim in the Charter itself to speak for all free men in England.  The phrase ‘class war’ is slippery at the best of times, but it might be almost completely useless in trying to assess the effect of the Great Charter.

A very dangerous stand-off led to two documents, one called the Unknown Charter and the other the Articles of the Barons.  These in part dealt with the kind of issues that arise in a truce or cease-fire – like promises of safe conduct between parties who did not trust each other at all.  One said that ‘King John concedes that he will not take a man without judgment, nor accept anything for doing justice and will not do injustice.’  Could anything be wider – or more simply breached?

Another clause said that ‘if the burden of any army occurs, more may be taken by the counsel of the barons of the kingdom.’  Well, they would have to wait until 1689 to get that locked in.  Elsewhere, John promised that he would not move against the barons while talks were going on, and that he would only proceed against them ‘by the law of our realm or by the judgment of your peers in our court.’  It looks fair to say that most of the jurisprudence of the Fourth and Fourteenth Amendments in the U S derives ultimately from wording thrashed out by warring barons and a regal rat so that they could, as the Mafia say, meet to make the peace at a meadow on neutral ground called Runnymede.

It looks like the Charter was formally agreed to by proxies on 15 June 2015, but Professor Church says that the vital giving of homage did not take place until 19 June when the king authorised the taking of oaths by the barons who were to be members of the committee that we will come to.

If there was any form of reconciliation, it did not last – on either side.  The peace was as short-lived as the compact of the peace has been long lived.

IV

The immediate problem was the continued interference by Rome.  The pope believed that everyone in England was under him.  King John, being a rat, straight away complained to this foreign potentate that he had executed the Charter under duress.  Of course he was under duress.  There was a war going on and the barons had turned up armed.  If you are a king with no standing army, and all your best soldiers are against you, your options are limited.  It is said that the papal representative, Pandulf, who takes some stick from Shakespeare, had denounced the Charter on the ground that the barons had violated its terms, but in his bull Etsi carissimus, the Holy Father took a more lofty line.

The Bull records the interdict and excommunication against King John.  It says that John had had a change of heart.  The English king had granted his kingdom – and Ireland – to the Church of Rome.  He had taken an oath of fealty to the pope, and promised a yearly tribute ‘and is making magnificent preparations to go to the aid of the Holy Land.  But Satan has stirred up the Barons of England against him.’  (The spin people would probably now advise the pope against referring to a financial ‘tribute’ – suspicious minds might sniff protection money, or just a plain bribe.)  The Bull finds as a matter of fact that the Charter was obtained by violence, and it goes on:

We refuse to overlook such shameless presumption which dishonours the Apostolic See, injures the king’s right, shames the English nation, and endangers the Crusade….Almighty God, Father, Son and Holy Ghost, and by the authority of Saints Peter and Paul His apostles, we utterly reject and condemn this settlement.  Under threat of excommunication we order that the king should not dare to observe and the barons and their associates should not insist on its being observed.  The charter with all its undertakings and guarantees we declare to be null and void of all validity forever

The barons may have provoked this reaction, not just by the security clause, which involved real money and real estate, but by the high terms that they put in their preamble –‘through the inspiration of God, for the health of our soul and the souls of all our ancestors, for the honour of God, and the exaltation of Holy Church, and for the betterment of our realm…’

We see that when the pope came to list his grievances, the first was the dishonour to the Holy See.  Then came King John’s right – then the shame to the English nation.  On the other hand, the Catholic Encyclopedia (On-line) takes no small view of the position of Innocent III.  These are obviously large issues on which opinions may vary.  ‘Innocent could not as suzerain of England allow a contract which imposed such serious obligations on his vassal to be made without his consent.  The pope therefore declared the Great Charter null and void, not because it gave too many liberties to the barons, and the people, but because it had been obtained by violence.’  And, we might add, the Charter might have impeded the violence that the Church of Christ was intent on inflicting in the Holy Land, for which the splendidly reformed King John had been making such magnificent preparations.

If we put to one side religion, a course which in this instance is both proper and safe, we are left with political issues.  In truth, we are left with the ultimate constitutional issue: who is in charge here?  A foreign power sets aside a ‘settlement’ of ‘the English nation’ – the term ‘settlement’ is that of the pope – but the English do not seem to have taken much notice of the pope.  The Charter was issued and reissued over the generations until it acquired the standing of a ‘sacred text’, and it remains on the statute books of the colonies to this day.

King John’s standing has not improved since his death shortly after these events.  The barons would hardly have posed as freedom fighters, but their struggle for the various charters probably helped secure their position in a chamber of peers in the body that would be the main instrument in reforging the constitution of England so as to repatriate the Anglican Church and embed it securely in England safe from any further foreign ecclesiastical intervention.

V

A charter may be an instrument in which the sovereign recognizes rights or one which records an agreement between people.  Magna Carta does both.  This charter settled a dispute and each side gave undertakings that were intended to be legally binding.  That is what we call a contract.  The barons swore that they ‘will faithfully observe all that has been set forth above’ and the king undertook not to ‘procure from anyone anything whereby any of these concessions and liberties may be revoked or diminished.’  That is emphatically and definitively the language of contract.

The king may have wanted to put the document forward as a unilateral grant, but here we have a document entered into to settle a dispute that contains mutual promises – and rights if one side does not keep those promises.  These are all marks of a bilateral contract.  Yet English historians and philosophers have been curiously reticent about this.  We get a grant, a treaty, a declaration of right, a constitution, England’s first statute, or forma pacis.  It might be all those things and a contract too.  But whatever label you put on it, Magna Carta is the most significant constitutional compact in history.

What did Magna Carta say?  As ever with the sources of English law, it is not what people meant, but what they said – and, just as importantly, what others in a position of authority have held as a matter of law is the legal effect of what they said.

At the risk of being tart, the real significance of the Charter was that it happened at all.  The king had had to negotiate the terms on which he held the crown.  It may not have mattered so much what those terms were – what mattered was that he had to admit that he was there on terms at all.  It would be hard to say that you rule by divine right when you settle the terms of your appointment with your magnates.  We should, however, note some parts of the text.

The barons were too smart to make themselves the only beneficiaries of their negotiations with the King.  The vindication of the Church may or may not have been a veneer, but the class of beneficiaries of the Charter is wide.

You can divide the Charter into clauses dealing with feudal grievances, trade, central government, and limitations on arbitrary power.  Churchmen, lords, tenants, and merchants are separately provided for.  The beneficiaries range from widows to the City of London to God.  Indeed, God is the first nominated beneficiary.  The first and last clauses enjoin ‘that the English Church shall be free.’  The Latin is ecclesia Anglicana.  This then meant that the English church should be left free by the English crown.  It refers back to the sad affair of Beckett.  In time, it might acquire another meaning, not free from Westminster, but from Rome.

The Charter starts off, as was customary, with greetings from the king to all parts of the civil and religious hierarchy and, finally, ‘faithful men.’  The preamble says that it is ‘for the betterment of our realm’.  Article I refers to ‘the conflict that arose between us and our barons’.  (Article 51 refers more frankly to the coming period ‘after the restoration of peace’.  The king will remove all alien knights and mercenaries ‘who have come with horses and arms to the injury of the kingdom’.)  Article 60 was necessary to give a feudal spread to the grant of liberties to the people – it stipulates that ‘all men of our kingdom, both clergy and laity, shall, insofar as concerns them, observe [these liberties] toward their men.’  In other words, the benefits and liberties granted in the Charter were to be passed down the chain.  Some astute lawyers were involved in drawing up this document, and they were not acting solely in the interests of the barons.

Article 14 is vital.  It is about money.  It provides for what is to happen ‘in order to have the common counsel of the kingdom for assessing aid.’  ‘Aid’ there is the feudal word for tax.  To get ‘counsel’ on tax, the king will summon the first two estates, the clergy and the nobility, and when that summons has been made, ‘the business of the day shall proceed according to the counsel of those who are present.’  Those two estates will in time become three, and the requirement that the king ‘have the common counsel’ will harden into a requirement that the king get a statute from his parliament, because here is part of the history of parliament.  This provision then will be the lynchpin of the whole dispensation, since he who controls the money controls the game.

While we say that Magna Carta is a constitutional settlement, it says not so much about government itself, but a lot about the rights of people, and especially the administration of justice.  This is typical in English law.  For example, Article 45 is of interest to those progressive Law Officers who think that it is a good idea to appoint as judicial officers those who do not know what they are doing.  It provides that judges shall be appointed from ‘only such men as know the laws of the kingdom and well desire to observe it.’  Article 55 deals with ‘all fines which have been made with us unjustly and contrary to the law of the land…’  How often do you see a government admitting, in writing, that it has been operating unjustly and against the law?  Article 50 is altogether more personal.  It names eight men of distinctly French sounding names, and says that we ‘will utterly remove from their offices’ the relatives of those people ‘so that henceforth they shall have no office in England.’  Au revoir, mes amis.  We will have no nepotism for those over the water.  Article 59 even extends to the king of the Scots the benefits given to the barons of England.

But the Charter is remembered and still invoked for two articles on the administration of justice.  Articles 39 and 40 are as follows:

  1. No freeman shall be captured or imprisoned or disseised [deprived of land] or outlawed or exiled or in any way destroyed, nor will we go against him, or send against him, except by the lawful judgment of his peers or by the law of the land.
  2. To none will we sell, to none will we deny or delay right or justice.

You can see the seeds of these clauses in the Unknown Charter or the Articles of the Barons, but these words were meant to be etched in stone.  They are part of our legal life blood.  You might expect to find in a prayer book the phrase ‘nor will we go against him or send against him.’  If you want to know whether the original has the same lapidary quality, Article 40 in Latin reads: Nulli vendemus, nulli negabimus, aut differemus, rectum aut justiciam.  You will see immediately that Article 40 is not limited to any class of person at all, but is as general as possible, and sets obligations by reference to both right and justice. 

Article 39 is no less than the foundation of what we call the rule of law.  If the English people had only given Article 39 to the world, they would still have our gratitude.  For example, when nearly five centuries later, the French people rose up against the arbitrary powers of the Bourbons, one of their major grievances, extending across all classes, was that a French king could lock up a Frenchman indefinitely by the simple administrative expedient of issuing a lettre de cachet.  The king could just go against or send against his subjects in his own name – and he did so by saying ‘for it is our pleasure’ (car tel est notre plaisir).  That is just the kind of government action that Article 39 expressly outlaws.  What this clause says is that liberty and property are not to be interfered with without due process of law.  The phrase ‘due process’ enters into later versions of the Charter, and ‘due process’ is the concept that underlies much of the Bill of Rights in the United States – and our administrative law.

You can test the weight of these clauses by asking this question.  Is it possible to imagine one of Vladimir Putin’s KGB henchmen uttering more than a grunt in the face of a mention of either of them before dropping off another corpse at the gates of the Kremlin?

If you are asked to look at a contract to see who was calling the shots during negotiations, you will be very interested in the default clause or the security provisions in the contract.  If you borrow money from a bank to buy a house, and you default on repayment, the bank can sell your house.  If you borrow money for a company and default on repayment, the bank may send in a receiver over the business.  Most of the time, the bank will not need to get a court order to assist it to enforce its rights.  It will just rely on the terms of the contract of loan.  That contract sets out the law that the parties have said will apply to their contract.  There are difficulties about suing kings even now – what form of security, then, did the barons get from King John in 1215?

They favoured the receiver model.  They would not need a court order.  Article 61 refers expressly to security (securitas) and it is in horrific terms that not even the most over-mighty and overbearing corporation, outside of Russia, would dare to seek now.  It provides that if the king defaults, the barons can give him a notice to remedy that default.  If he does not, a committee of twenty-five barons ‘together with the community of the entire country, shall distress and injure us in all ways possible – namely, by capturing our castles lands and possessions and in all ways that they can – until they secure redress according to their own decision, saving our person and the person of our queen, and the persons of our children.’  Well, that is fine for the royal family, but what about the poor downstairs maid when that awful Robert de Ros, neither alone nor palely loitering, comes thundering over the drawbridge, leaving his chain mail behind him, in one of his beastly marauding moods?

That clause was no doubt put to the pope as evidence of duress.  It never appeared again in later versions.  It looks uncomfortably like a licence to rebel, or a recipe for civil war.  But the English never lost their taste for being hard-nosed with royalty.  The Bill of Rights of 1689 is both more subtle and more terminal.  The people say to their king – you cannot have a standing army (except on our terms) but we have the right to bear arms – if you and we fall out, and there is a fight, guess who will win.

VI

At about this time, speaking very roundly, there may have been something in the air in Europe.  We might now refer to it as a European spring.  The Sachsenspiegel appeared in Low German in about 1220.  It offered the following release from feudalism in terms not so far removed from our present law of contract: ‘A man may resist his king and judge when he acts contrary to law and may even help to make war on him…Thereby, he does not violate the duty of fealty.’  Hungary produced a Golden Bull in 1222 that said ‘no noble was to be taken or destroyed for the favour of any powerful lord unless he had first been summoned and convicted by judicial process.’  The effect of the due process clause in the Great Charter is obvious.  The default clause conferred ‘authority to resist and contradict us…without taint of infidelity.’  In the Spanish Privilegio de la Union, of 1287, the Crown pledged its good behaviour by surrendering castles and acknowledging that the people could choose another king if the incumbent contravened the privileges.  You can find similar themes in the Assizes of the Kingdom of Jerusalem, the privilege of the Brandenburg nobles, the Brabantine Charter of Cortenberg, the Statute of Dauphine, and the Declaration of the Communes of Languedoc (1356).

The theme was constant.  People were searching after an agreement that could bind their rulers.  Yet these efforts just petered out on the Continent.  Only in England did the quest take root and go on.  Why is this?

You cannot try to make a constitution in a vacuum.  You need at least two things – a body of existing law that commands the assent if not the respect of a majority of the people; and a body of judges to interpret and enforce those laws.  It looks like only England had those qualifications for a long time.  Remember that England was developing the first profession outside the church.  It was this profession – including the judges in that term – that would celebrate and nurture Magna Carta so that it would become ‘with all its faults a kind of sacred text, the nearest approach to an irrepealable fundamental statute that England has ever had.’  The reference to sacred text from the sober legal historian Maitland tells us something.  In order effectively to nurture a constitution, you need some kind of faith based on experience.  We call it tradition.

Less than a hundred years after the Great Charter, a man called Bracton published the second text-book on English law,  It was called On the Laws and Customs of England.  You can still buy brand new prints of the four volumes in a testament to American scholarship.  Maitland thought it was the ‘crown and flower of English jurisprudence.’  Its most famous line, in English, is: ‘The king is below no man, but he is below God and the law; the law makes the king; the king is bound to obey the law.’  It would take hundreds of years to nail that credo down, but it comes from the Great Charter, since, as Maitland also said, ‘in brief it means this, that the king is and shall be below the law.’

Straight after the line quoted, Bracton went on to say: ‘Let him therefore bestow upon the law what the law bestows upon him, namely rule and power, where rex rules rather than lex.  Since the king is the vicar of God, and that he is under the law appears clearly in the analogy of Jesus Christ, whose vicegerent on earth he is…’  You do not often see God being invoked to diminish the standing of kings.

When lawyers later referred to the Charter, which they did often, they stoutly adhered to the fiction that it had not said anything new, but had only restated ancient liberties.  If nothing else, the Charter made clear that the future of English law was with royal justice and that therefore there would be a law common to the entire nation.  By that quirk of history, King John continued the work of the great Henry II.

VII

We have seen the seeds of the idea of parliamentary control of revenue in the Charter, especially Article 14, and in the documents leading up to it.  Magna Carta looked forwards in at least two other ways.

First, we saw the intervention of a foreign power – the papacy – in the affairs of England in ways that now look to us to be fantastic.  This suited the weak King John who could change sides just like that, and form and renege on alliances at will.  But one day there would come a strong and arrogant English king who would not be pushed around.  If the pope got in his way on an issue of national importance – such as the succession to the throne – the whole edifice could easily come crashing down.  This is just what happened with Henry VIII and his divorce.  His pope had a conflict of interest, and could not oblige the English king with the divorce that he needed to secure the succession.  And by that time, the English parliament was secure enough to legislate for Home Rule for England and the constitution of that nation and its national church.  The revolution had next to nothing to do with religion.  It was about self-government and its effects have been sadly underestimated by legal historians.  Just look at those nations in Europe that did not nationalise their church or cut free from Rome.

By the time that Shakespeare wrote King John, the conflict between the English crown and the Church of Rome had been resolved, adversely to Rome.  Shakespeare put into the mouth of King John the following rebuff to the Pope.

What earthy name to interrogatories

Can test the free breath of a sacred King?

….

Tell him this tale, and from the mouth of England

Add thus much more that no Italian priest

shall tide or toll in our dominions:

But as we, under Heaven, are supreme head.

So, under him, that great supremacy. (3.1, 74-83)

Those words can still get a frisson from an English audience, although, in fairness to the author, he was very generous in a later play in his treatment of the first innocent victim of Henry VIII, Catherine of Aragon – and if John had had the force of character of Henry, as well his downright nastiness, the constitution may have taken much longer to take shape.  The reference to ‘supremacy’ takes us to the act that declared ‘this realm is an empire’ – it could have no superior on earth.

The second way that our story looks forward is this.  Tucked away in the wording of the security clause is an expression that contains the germ of another idea, and which shows how universal was the liberation extended by the Charter.  The right of entry is given to a committee of barons ‘together with the commune (or community) of the entire country’ (cum communia totius terrae).  Communis is a very, very potent term here (as would be communio in a church).  When the French monarchy was brought down in and after 1789, the government of the country for a large part came to rest with the commune of Paris, especially after the 10 August coup of Danton.  The revolutions that shook the great cities of Europe in 1848 were centred in the communes.  A movement in favour of revolutionary change across the entire world to free the masses of their chains, which would cause so much misery in the twentieth century, was called the Communist Party after these communes.  Yet here we have English barons giving these communal rights to the yeomen and all the freemen of England way back in 1215.  It was many centuries ahead of its time.

We saw that at a critical phase, the barons swore an oath with citizens of London.  Town and country agreed not to make a separate peace.  Here we see the burgers – later, the bourgeoisie – coming together with an oath of mutual support.  The communal oath of the burgesses in France at this time put Marc Bloch at his most lyrical.

It was sworn association thus created which in France was given the literal name of commune.  No word ever evoked more passionate emotions.  The rallying cry of the bourgeoisie in the time of revolt, the call for help of the burgess in peril, it awakened in what were previously the only ruling classes prolonged echoes of hatred….The distinctive feature of the communal oath, on the other hand, was that it united equals…..It was there in the commune that the really revolutionary ferment was to be seen, with its violent hostility to a stratified society.  Certainly these primitive urban groups were in no sense democratic.  The ‘greater bourgeois’, who were their real founders and whom the lesser bourgeois were not always eager to follow, were often in their treatment of the poor hard masters and merciless creditors.  But by substituting for the promise of obedience, paid for by protection, the promise of mutual aid, they contributed to the social life of Europe a new element, profoundly alien to the feudal spirit properly so called.

These are indeed swelling themes, and it may be that this very great French historian of the medieval world touched here on the essence of the French Revolution – taking away obedience to superiors bought with protection and putting in its place the promises of mutual aid exchanged between equals.  The problem was that trying to fuse the movements of a millennium into one generation produced a fission that still endures.

VIII

On Bastille Day, 1940, France was falling and England was facing destruction, a worse destruction than that of 1066.  The main adviser or minister to the King of England – the leading man in what had come to be called the Parliament – addressed the English nation.  During his speech, the English leader – he was by then called Prime Minister and his name was Winston Churchill – said:

Here in this strong City of Refuge which enshrines the title-deeds of human progress and is of deep consequence to Christian civilization ….This is no war of chieftains or princes, of dynasties or national ambition; it is a war of peoples and causes…This is a War of the Unknown Warriors.

The Great Charter is one of those title-deeds.  It is up there with, and it prefigures, the American Declaration of Independence and the French Declaration of the Rights of Man.  It was an essential part of a progress that would, against the odds, enable England to defeat the enemy it then faced, Adolf Hitler and the Third Reich.  More importantly, because of that progress, England never produced a Hitler.  You cannot allow someone to be above the law when you have signed up on the principle that we are all under the law – and we are still groping after the idea that we should all be equal in the eyes of that law.  Equality looks to be as far away as ever.