Adventures of a copyright troll

In the 20 May 2013 issue of The Nation, I have a review of Unfair to Genius, a biography by Gary A. Rosen of the early-20th-century musician and litigant Ira B. Arnstein. Arnstein started out as a moderately successful composer and music teacher, but as the music business changed, he lost his footing and in desperation turned to the courts, where he made rather wild claims of plagiarism against his colleagues.

In his end notes, Rosen points the reader to recordings of Arnstein’s songs available on the internet. For example, you can hear “A Mother’s Prayer,”  a schmaltzy song that was Arnstein’s first big success, at the Library of Congress. It’s part of a 1913 recording of a medley by the Victor Military Band; Arnstein’s is the first tune in the medley. At Florida Atlantic University’s Judaica Sound Archives, you can hear a 1918 Columbia Gramophone recording of Arnstein’s “Soldiers of Zion,” a Jewish national anthem, as sung by Josef Rosenblatt, a celebrity of the day known as the Jewish Caruso. The Judaica Sound Archives also hosts a 1922 Victor recording of another Jewish tune of Arnstein’s, “V’Shomru.” The conductor at Victor who arranged for the recording, Nathaniel Shilkret, was to become an early victim of Arnstein’s legal attacks.

If you want to judge Arnstein’s cases yourself, head over to the Music Copyright Infringement Resource, hosted by Columbia University and the USC Gould School of Law. There you can listen to the songs on both sides and make up your own mind as to whether, say, Shilkret plagiarized Arnstein, as Arnstein alleged he did (the judge’s 1933 verdict: “there was not sufficient originality in the plaintiff’s eight measures to make it worthwhile for anyone to steal them”). In a case decided in 1936, Arnstein claimed that a CBS music director had taken the gypsy-themed tune “Play, Fiddle, Play” from him; you can listen for yourself to that tune, too, as well as to Arnstein’s supposed original. In Unfair to Genius, Rosen points out that judges of the day applied conflicting rules about how to determine plagiarism in music: there was one standard in Allen v. Walt Disney Productions (1941), and a different one in Carew v. RKO Pictures (1942). The songs fought over in both cases are in the Music Copyright Infringement Resource. As are the songs at issue in Arnstein’s lawsuits against Broadcast Music, Inc. and against Cole Porter. The Cole Porter case is the show-stopper of Rosen’s book; it led to a Second Circuit ruling still used by the courts to determine whether there’s been a copyright infringement. Was a pious song of Arnstein’s degraded into, as Arnstein put it, “a song to a cow,” namely, Porter’s “Don’t Fence Me In”?

UPDATE, 6:40pm: At Oxford University Press’s blog, Rosen has compiled a Spotify playlist of fifteen classic American songs that Arnstein claimed had been stolen from him. (Probably better listening than the songs that are indisputably his.)

Václav Havel’s legacy

“Havel’s Specter,” my essay on Václav Havel’s philosophy as manifested in his essays, his plays, and his political career, is published in the 9 April 2012 issue of The Nation.

If anyone wants to know what a Czech shopkeeper’s display window under Communism actually looked like, click on the gallery titled “Prague Shop Windows 1976–96” on the photographer Iren Stehli’s website.

For this essay, I consulted Havel’s plays and essays in English, as well as, in some cases, in Czech as published in his collected works, the first seven volumes of which were published by Torst in 1999. For biographical details, I relied on Havel’s autobiographical books, Disturbing the Peace and To the Castle and Back; Eda Kriseová’s campaign biography of Havel (1991; translated in 1993 by me in an earlier life; don’t blame me for all the typos! its original publisher went out of business before the book went to press and it was never proofread); John Keane’s problematic, tonally off-kilter 1999 biography; and Carol Rocamora’s Acts of Courage, which focuses primarily on Havel’s career as a dramatist. I also consulted the New York Times obituary and the chronologies at the back of Jan Vladislav’s anthology Living in Truth and on the website of the Václav Havel Library. Also useful were Hugh Agnew’s The Czechs and the Lands of the Bohemian Crown and Aviezer Tucker’s The Philosophy and Politics of Czech Dissidence from Patočka to Havel. Paul Wilson commented on Havel’s word samopohyb in “Notes from the Underground,” a 2006 article in Columbia magazine. Details of Václav Klaus’s political philosophy are taken in part from his book Renaissance. Klaus claimed that the role of dissidents had been exaggerated in a 15 November 2003 column in Mladá fronta dnes and repeated the claim in a 16 November 2004 interview with Hospodářské noviny as well as in remarks delivered in English in London in 2009. Wilson’s observations about Klaus’s eulogy were published in the New York Review of Books.

Just two days ago, I received in the mail a copy of my friend Jonathan Bolton’s new book, Worlds of Dissent: Charter 77, the Plastic People of the Universe, and Czech Culture under Communism, which I’m eagerly reading and highly recommend! I strongly suspect it will be the definitive account in English of Havel’s ideas about dissidence and the intellectual milieu in which they arose.

Notebook: Tea and Antipathy

A New Method of Macarony Making, as Practiced at Boston, 1774, reproduced in The Boston Port Bill by R. T. H. Halsey, 1904, page 74

"Tea and Antipathy," my review-essay about the dark side of the American Revolution, is published in the December 20 & 27, 2010, issue of The New Yorker. As in the past, I'd like to offer a bibliographic supplement here on my blog. N.B.: This post is more likely to be comprehensible if you first read the article whose sources it describes.

My essay approaches the books under review at a bit of an angle. In As If an Enemy's Country: The British Occupation of Boston and the Origins of Revolution, Richard Archer tells the story of the British occupation of Boston between 1768 and 1770 in a fluently written, chronologically straightforward, somewhat old-fashioned style. He touches on such questions as the revolutionaries' motives and ideological consistency, but he aims mostly at a presentation of the evidence. In American Insurgents, American Patriots: The Revolution of the People, by contrast, T. H. Breen has a thesis to prove. In a style somewhat more rarefied than Archer's, Breen argues that in 1774 and 1775, during the early stages of popular mobilization, America's revolutionaries were more uncouth than we're comfortable remembering today. In his interest in character, Breen is following in the footsteps of historians like Gordon Wood and Joyce Appleby. Archer is aware of the historiographic trend that Breen is participating in, but Archer's is the sort of book that aims to keep to one side of such trends.

In my article, I was adding concerns of my own to Archer's presentation of the facts, and reading Breen's interpretation somewhat against the grain. Breen wants to lift the stigma attached in the modern mind to the insurgent character (though he does retain a few reservations) and is confident that "American insurgents provide no comfort to those in our own time who claim that a single cause or narrow agenda justifies armed violence against neighbors or the state." It isn't clear to me, however, that it's possible to draw that distinction. Insurgents who are confused, misinformed, and paranoid may well believe that they're acting for the sake of a common good—mistakenly—and people with such beliefs today may have more in common with the early revolutionaries than Breen allows. Another distinction between us: Breen believes that consumer culture helped to shape American character in a positive way—see his Marketplace of Revolution (Oxford, 2004)—and I found myself worrying that the corruptions of profit-seeking may have deformed America's political process at the nation's inception.

The third new book mentioned in my article, Defiance of the Patriots, by Benjamin Carp, did not reach me until after I had researched and written most of my essay, and unsurprisingly my essay is somewhat oblique to it as well. The classic and still definitive account of the Boston Tea Party is Benjamin Woods Labaree's The Boston Tea Party (Oxford, 1968). Carp has revisited the events described by Labaree, updating details and uncovering new sources. He is a methodical researcher, who has clearly done his time in the archives; he has found the earliest instance in print of the term "Boston Tea Party" yet known (in 1826, a newspaper quoted a Tea Party participant then living in Ohio as having used the phrase), and his list of participants is no doubt the most accurate yet compiled. Like Archer's, Carp's book is an account rather than an argument; like Breen, however, Carp writes in the contemporary historiographic mode, preferring contextual explanation and characterological description. One chapter places the events of 1773 in the context of the international trade in tea; another, in that of colonists' relations with native Americans; a third, in that of African American slavery. He's not much interested in double-guessing colonists' motives. Indeed, I sometimes felt that Carp was a bit partial to the radicals. 

Setting aside for a moment my differences of temperament and perspective from them, however, I should say that I'm indebted to Archer, Breen, and Carp for their many insights and discoveries, as well as for giving me the occasion to discover that I have opinions of my own about the topic. (If you would like to see how Breen himself relates his research to the contemporary Tea Party movement, please see his March 2010 op-ed for the Washington Post.)

The American Revolution is a puzzle unlike other historical puzzles, not least because very few, if any, of those who participated planned for it to happen. Once you start to question professed motives—that is, once you doubt the good faith of some actors and the accuracy of others' understanding of the situation they were in—the puzzle becomes even trickier. A person could spend a lifetime trying to solve it, and so it's with more than the usual trepidation that I offer my online bibliography this time around, conscious that I'll be revealing the limits of my research even more starkly than I usually do, and that the responsible thing for me to do is direct readers to, say, the twelve-page descriptive bibliography at the back of Robert Middlekauff's The Glorious Cause and to the lavish guides to further research that David Hackett Fischer includes at the end of books like Paul Revere's Ride and Washington's Crossing. Now that I've directed you to them and my conscience is clear, here's to the limits within which journalists are obliged to work, and here we go . . .

Joyce, Junior's handbill, 15 January 1774, from Albert Matthews, 'Joyce, Jun.' C.S.M. Publications 8: 88 The best account of Joyce, Junior, the mysterious figure who claimed to lead Boston's "Committee for Tarring and Feathering" between 1774 and 1777, is Albert Matthews, "Joyce, Jun.," Publications of the Colonial Society of Massachusetts 8 (1903): 88-104. In a subsequent article, Matthews explained that the pseudonym was probably a reference to Cornet George Joyce, thought by some to have been the executioner of Charles I, though he probably wasn't; see Albert Matthews, "Joyce Jr. Once More," Publications of the Colonial Society of Massachusetts 11 (1906-1907): 280-295. Among the literary critics who have linked Hawthorne's demonic figure to Joyce, Junior, are Roy Harvey Pearce, in "Hawthorne and the Sense of the Past, or, the Immortality of Major Molineux," ELH 21 (1954): 327-349, and Peter Shaw, in "Fathers, Sons, and the Ambiguities of Revolution in 'My Kinsman, Major Molineux,'" New England Quarterly 49 (1976): 559-76. As for the general history of tarring and feathering in America, the best account I found is Benjamin H. Irvin's "Tar, Feathers, and the Enemies of American Liberties, 1768-1776," New England Quarterly 76 (2003): 197-238, though an older article, R. S. Longley's "Mob Activities in Revolutionary Massachusetts," New England Quarterly 6 (1933): 98-130 was also useful. A disgusted Loyalist once described a lady "so complaisant as to throw her Pillows out of the Window, as the Mob passed," in order to furnish them with feathers. That disgusted Loyalist was Peter Oliver, chief justice of the Superior Court in Massachusetts, whose bitter, intemperate, and pretty funny history of the American Revolution was published in the twentieth century as Peter Oliver's Origin & Progress of the American Revolution: A Tory View, Douglass Adair & John A. Schutz, eds. (The Huntington Library, 1961) and is a sourcebook for patriot human rights violations. The tale of customs agent John Malcom, perhaps the only American to have been tarred and feathered more than once, is best told by his great-great-great-nephew Frank W. C. Hersey, in "Tar and Feathers: The Adventures of Captain John Malcom," Transactions of the Colonial Society of Massachusetts 34 (1941): 429-73 (not digitized, to my knowledge).

A wonderful introduction to the historian and Massachusetts governor Thomas Hutchinson is Bernard Bailyn's The Ordeal of Thomas Hutchinson (Harvard University Press, 1974); it reads like a tragic novel. In a 2004 lecture, Bailyn recalled how, when the book was first published, some critics "said that this biography of a law-and-order conservative who struggled against popular mobs and protestors could only be a disguised defense of Richard Nixon" ("Thomas Hutchinson in Context," Proceedings of the American Antiquarian Society 114 [2006]: 281-300). Many of Hutchinson's writings are available online. His account of his debriefing by George III begins on page 157 of The Diary and Letters of His Excellency Thomas Hutchinson, Esq., Peter Orlando Hutchinson, ed. (London: Sampson Low, Marston, Searle & Rivington, 1883). On page 67 of the same book Hutchinson explains that he suspects John Rowe and other merchant-smugglers of having masterminded the destruction of his house. Hutchinson narrates the destruction itself in the third volume of his history of Massachusetts, The History of the Province of Massachusetts Bay, from 1749 to 1774 (London: John Murray, 1828), beginning on page 122. When I mention that Hutchinson enjoyed debating political philosophy, I was thinking of his 1773 exchange with the Massachusetts legislature (including John Adams and James Bowdoin) over the nature of the British Parliament's legal authority over the colonies, which Bailyn suggests he indulged in for his own intellectual satisfaction and to his political detriment. The exchange is printed on pages 336 to 396 of Speeches of the Governors of Massachusetts, from 1765 to 1775; and the Answers of the House of Representatives, to the Same (Boston: Russell and Gardner, 1818) and also exists in a modern edition, Briefs of the American Revolution, edited by John Philip Reid (1981).

Daniel Chodowiecki's 1784 engraving of a 1764 protest of the Stamp Act in Boston The destruction of Hutchinson's townhouse was further described by Francis Bernard, then the governor of the colony, in a letter to the earl of Halifax, quoted by Caleb H. Snow in A History of Boston (Boston: Able Bowen, 1825). Edmund S. and Helen M. Morgan give an excellent modern account of this event and the 1760s generally in their classic work The Stamp Act Crisis: Prologue to Revolution (University of North Carolina Press, 1953). Hawthorne rendered the scene in his children's history Grandfather's Chair:

The volumes of Hutchinson's library, so precious to a studious man, were torn out of their covers, and the leaves sent flying out of the windows. Manuscripts containing secrets of our country's history, which are now lost forever, were scattered to the wind.

In the same book, Hawthorne also reprinted a letter from Hutchinson describing the riot. You can read the young merchant Henry Bass's admission that his group the Loyal Nine preferred to keep their names hidden behind that of Ebenezer McIntosh in his letter to Samuel P. Savage, 19 December 1765, Savage Papers, Proceedings of the Massachusetts Historical Society 44 (1910-1911): 688-689.

The thorny question of economics, smuggling, and corruption is not a new one. Some suspected a link even at the time. "The Plan of the People of Property," General Thomas Gage wrote to the British government in 1765, "has been to raise the lower Class to prevent the Execution of the Law." Writing under the name "Massachusettensis," Daniel Leonard wrote in 1775 that "A smuggler and a whig are cousin Germans, the offspring of two sisters, avarice and ambition. The smuggler received his protection from the Whig, and he in his turn received support from the smuggler." It was the Progressive historians of the early twentieth century who first gave a scholarly formulation to the idea that merchants, eager to protect their smuggling profits and to dodge tax burdens, manipulated popular discontent in the colonies and then lost control of the fire they had set. My starting place was Arthur Meier Schlesinger Sr.'s The Colonial Merchants and the American Revolution, first published in 1918 and revised in 1939. (C. M. Andrews is said to have come up with the same thesis, independent of Schlesinger, and he published his version as "The Boston Merchants and the Non-Importation Movement," Publications of the Colonial Society of Massachusetts, vol. 19.) Late in life Schlesinger offered a précis of his argument in "Political Mobs and the American Revolution, 1765-1776," Proceedings of the American Philosophical Society 99 (1955): 244-50.

Schlesinger's thesis has been regretted by a number of historians as reductive, which is, I suspect, in some quarters a more scholarly-sounding way of calling it unflattering to the American revolutionaries, but his painstaking and lucid book has not been discredited or for that matter surpassed, though in places it has been corrected. (David Ammerman, for example, showed in In the Common Cause: American Response to the Coercive Acts of 1774 [University Press of Virginia, 1974], his classic study of how the colonies' boycotts and protests birthed their self-governance, that Schlesinger was wrong to believe the Pennsylvanian Joseph Galloway's claim that the conservative faction at the First Continental Congress had at any point more than a snowball's chance in hell of dissuading that Congress from declaring a boycott of Great Britain.) Instead of contradicting Schlesinger's thesis, a later generation of historians—including J. G. A. Pocock, Caroline Robbins, Bernard Bailyn, Gordon Wood, and the Morgans, a group who came to be called neo-Whigs—shifted the investigation of revolutionary motive from economics to a more philosophical plane and attempted to understand the mentality of the revolutionaries on their own terms. The neo-Whig historians identified a political ideology with a paranoid streak that they called the eighteenth-century Commonwealthman tradition. In Britain, the tradition was popular among those who were shut out of power during George III's rule and who hearkened back to the English revolutions of 1640 and 1688. Though confined to the radical fringe in Britain, the ideology had a powerful resonance in the American colonies. Why? Bailyn has suggested that it resonated because royally appointed governors had powers in America that kings had lost in Britain a century before. Wood has ingeniously suggested that paranoia was the natural result of combining the Enlightenment insistence that everything can be understood with a new complexity of sociopolitical governance:

At this very moment when the world was outrunning man's capacity to explain it in personal terms, in terms of the passions and schemes of individuals, the most enlightened of the age were priding themselves on their ability to do just that.

Wood surmises that instead of resigning themselves to bafflement over the causes of complex social events, the paranoid thinkers of the late eighteenth century preferred to believe that they had failed to understand because the crucial evidence had been withheld (see Gordon Wood, "Conspiracy and the Paranoid Style: Causality and Deceit in the Eighteenth Century," William and Mary Quarterly 39 [1982]: 402-41).

The neo-Whig angle of vision discovered new riches in American revolutionary history by bringing to life the ideas in its pamphlets, letters, and diaries. The neo-Whig interpretive paradigm became the dominant one in American revolutionary history, and questions of pecuniary interest during the Revolution were set aside not as wrong but as intellectually vulgar. Among historians on the left, who might have been relied upon in other circumstances to doubt and carp, the old Progressive suspicion was not treated any more hospitably, because if Schlesinger and Andrews were right, then the working-class people who had thrown brickbats on behalf of freedom had to be demoted from heroes to pawns. In Crowd Action in Revolutionary Massachusetts, 1765-1780 (Academic Press, 1977), for example, Dirk Hoerder defends the political integrity of lower-class rioters. "Their actions were spontaneous," Hoerder writes, though he admits that "leaders could accentuate issues." Hoerder sees a continuity between the American rioters who launched the Revolution and those who, in the century that led up to it, punished profiteers and adulterers in their communities and menaced religious outsiders who encroached. Hoerder believes that eighteenth-century rioters acted to preserve communal equity, resisting free-market liberalism in favor of a public good that was, alas, to become harder to identify in the next century's proliferation of conflicting private interests. Hoerder's book is a treasury of detail, sometimes overwhelmingly so. His sympathy for the commoner sometimes clouds his judgment—as evidence of Thomas Hutchinson's "arrogance," for example, he confusingly adduces Hutchinson's regret over the unhealthy conditions in a Boston jail—but he is an honest and indefatigable researcher who presents evidence supporting the Progressive thesis as well as that contradicting it. For example, noting that crowd actions against soldiers were conducted in a different manner and spirit during the British occupation of Boston than those against tea importers, Hoerder is willing to wonder if Whig merchants paid for the latter attacks: "The different patterns of action at a time when customary forms of crowd activity were maintained against soldiers suggest that the participants were different, too."

Marc Egnal and Joseph A. Ernst proposed a synthesis of the Progressive thesis and the neo-Whig perspective in their article "An Economic Interpretation of the American Revolution," William and Mary Quarterly 29 (1972): 4-32. The evidence for the Progressive thesis was revisited, and the thesis reconsidered on its own terms, in 1986, when John W. Tyler published Smugglers & Patriots: Boston Merchants and the Advent of the American Revolution (Northeastern U P, 1986). Tyler ended up confirming Schlesinger's work. In fact, Tyler's only significant revision to Schlesinger's storyline was to suggest that in 1774, when radicalism and violence began to frighten moderate merchants, the merchants did not unanimously turn Loyalist but instead split more or less evenly into patriot and loyalist sympathizers. Tyler tells the story of the corrupt customs official Benjamin Barons, whose humiliation, when caught in 1760 trying to suborn an informer, was suspected by Hutchinson to be the ultimate cause of the destruction of Hutchinson's townhouse in 1765. (Barons's tale is told in even greater detail by Maurice Smith in The Writs of Assistance Case [University of California, 1978].) But Tyler's ace card, as a scholar, was his ability to prove from insurance records that certain merchants were indeed smugglers, including such patriots as John Rowe, Solomon Davis, William Molineux, Edward Payne, and William Cooper. In an appendix, Tyler printed a list of Boston merchants, identifying their specialties and naming the known smugglers.

I was convinced by Tyler's book, but I was concerned to note a number of discrepancies in his data. Some of these seem due to sloppiness, though it's hard to know whether the problem was in compiling the data or presenting them. On page 11, for example, Tyler claims to have figured out the specialties of 392 out of 439 Boston merchants; but in Table 4, on page 246, the specialties of only 342 merchants are tallied; and in the appendix, on page 257, there is an analysis of 425 merchants. So how many merchants did Tyler study? On page 30, John Erving is identified as a major smuggler of Dutch goods, but he's not marked as a smuggler in the appendix, where he does appear. These are minor issues, but since Tyler is the only scholar to have dug so deep into the evidence for the Progressive thesis in nearly a century, they suggest to me that the source documents could bear further scrutiny. (Tyler, for his part, does correct an error by Labaree, or rather a misplaced emphasis. Labaree thought that American resistance to the Tea Act of 1773 was driven more by the principle of taxation without representation than by fears of a British monopoly. In fact, Tyler writes, the antimonopoly rhetoric was vital as "the articulation of a genuine fear of the merchants themselves . . . and a propaganda device to divert the consumers' attention from the reduced prices the Tea Act would bring"—an aspect of resistance rhetoric first noticed by Schlesinger.)

Schoolchildren watch their classmates act out the Boston Tea Party, Wilmington, Delaware, 1942 or 1943, Farm Security Administration Alfred F. Young has supplemented Labaree's definitive account of the Boston Tea Party with The Shoemaker and the Tea Party: Memory and the American Revolution (Beacon Press, 1999), which tells the story of how Americans remembered it, or rather, how they declined to for nearly sixty years. Like Hoerder, Young is a person of the left; he considers the Tea Party a radical mass action that helped to change the character of its participants, such as the shoemaker George Robert Twelves Hewes, from deferential to self-respecting. Young's primary texts are two early biographies of Hewes, James Hawkes's A Retrospect of the Boston Tea-Party (S. Bliss, 1834) and Benjamin Bussey Thatcher's Traits of the Tea Party (Harper, 1835), both of which are available online, as is Francis S. Drake's 1884 compilation of primary source documents about the symbolic protest, Tea Leaves. Over at the blog Boston 1775, John L. Bell has looked into the quest to figure out who exactly took part in the Boston Tea Party and has hosted a guest blog-post by Charles Bahne investigating how much the destroyed tea was worth. On the website of the Massachusetts Historical Society , you can read entries in the diary of merchant and documented smuggler John Rowe, who played a highly ambiguous role in the years leading up to the revolution, including Rowe's cautious account of the Tea Party.

How much were the British taxing tea in 1773? The question turns out to be surprisingly difficult to answer. More than a few historians claim that because Parliament in 1767 granted a tax refund of 12 pence a pound on tea imported to Britain if reshipped to America—the same year that the Townshend Acts imposed a new tax of 3 pence a pound—the price of East India Company tea in America actually fell by 9 pence a pound. It turns out that this is a gross simplification, but even at the time many people mistook this gross simplification for the truth, and it got into many history books. The correct, somewhat dizzyingly complex answer is given by Max Farrand in "The Taxation of Tea, 1767–1773," American Historical Review 3 (1898):266–69. The explanation is only three and a half pages long; I have discovered that if you read it out loud three times while taking notes, you eventually understand.

A major source for Breen and for many of the other historians listed here was American Archives, nine mammoth volumes of documentary material from the years 1774 through 1776, compiled and published by the editor Peter Force between 1837 and 1853. All the volumes have been digitized by Northern Illinois University and are searchable, making it easy for a casual reader to dive into the textual sources. (Relatively easy, that is; the search engine is buggy and there's no way to look up a citation if all you have is a volume and page number.) Here is Sam Adams calling the Coercive Acts worse than any tyranny of the Byzantine Empire. Here is the New York City lawyer Gouverneur Morris's satirical comments about Americans as sheep who are about to turn into serpents. Here's a selectman censured for selling a copy of the Continental Association for a pint of flip. Here's a letter that Virginia schoolteacher David Wardrobe wrote to a friend in Scotland about a hanging in effigy, here's his censure as an "enemy to America" for having written it, and here's his attempt at recantation. You may also read original documentation of the drover Jesse Dunbar being carted inside his ox's belly and of a Connecticut doctor named Beebe being tarred and feathered.

A few more scattered sources: The Englishwoman who saw her friends detained on the street in Wilmington, North Carolina, was named Janet Schaw, and her account of their harassment begins on page 191 of the Journal of a Lady of Quality, Being the Narrative of a Journey from Scotland to the West Indies, North Carolina, and Portugal, in the years 1774 to 1776, Evangeline Walker Andrews and Charles McLean Andrews, eds. (Yale, 1921). The author of the pamphlet The Crisis is identified as William Moore by John Sainsbury in Disaffected Patriots: London Supporters of Revolutionary America, 1769-1782 (McGill-Queen's University Press, 1987), confirming a guess made by Paul Leicester Ford in his bibliographic study "The Crisis," The Bibliographer 1 (1902): 139-152. In an article published last year, the scholar Neil York also fingers Moore as the likeliest culprit but notes that in the pages of The Crisis itself "it was emphasized that it was a group effort" (Neil York, "George III, Tyrant: The Crisis as Critic of Empire, History 94 (2009): 434–60).

The image at the top of this post, "A New Method of Macarony Making, as practised at Boston in North America," a loose interpretation of John Malcom's fate, was published by Carington Bowles in London in 1774, and is reproduced from page 74 of R. T. H. Halsey's The Boston port bill as pictured by a contemporary London cartoonist (Grolier, 1904). You can see a higher-quality digitization of a smaller version of the same print at the British Museum website, which also owns a hand-colored version. (The British Museum also has a depiction of tarring and feathering by James Gillray, which doesn't actually have anything to do with America at all, but it's by James Gillray, so it's great and who cares.) The Gilder-Lehrman Institute has a colored engraving of the same event by Philip Dawe, with the Boston Tea Party in the background (via). The Massachusetts Historical Society's Coming of the American Revolution site offers a curated tour of a number of original documents from the years leading up to revolution. Please mouse over or click on the other images in this post to find their sources.

Cockney Keats?

“Keats Speaks,” my essay about whether the real Keats spoke the way the one in the recent Jane Campion movie does, appears in the 1 November 2009 issue of the New York Times Magazine.

You can read the Blackwood’s Edinburgh Magazine article that accused Keats of “Cockney rhymes” here (though signed “Z.,” it was by John Gibson Lockhart, and it appeared in the August 1818 issue). Just as infamous was a similar attack in the Quarterly Review by John Wilson Croker (though the issue was dated April 1818, it actually appeared in September).

Notebook: The Golden Age of Piracy

Gladys Hulette, New York Tribune, 22 October 1916

"Bootylicious," my review of Peter T. Leeson's The Invisible Hook, appears in the 7 September 2009 issue of the New Yorker.

As in the past, I'd like to offer on this blog some description of the sources that were useful to me in writing the article. The customary caveat: this post won't make much sense if you haven't yet read the article in question first. My first thanks, as usual, are for the book under review, Leeson's Invisible Hook, which is dapper and brisk besides being very well researched.

The best descriptions of pirates come from people taken captive by them. Captain William Snelgrave, whom I use to start my article, tells his story in A New Account of Some Parts of Guinea, and the Slave-Trade, which, though published in 1734, is mysteriously unavailable in Google Books. The only physical copy I can find for sale is a 1971 reprint—for $430. Talk about piracy! Within the scholarly world, Snelgrave's narrative is also famous for his observations of Africa and of slave-trading, which he defends. Another captive, Captain George Roberts, describes having been seized near the Cape Verde Islands in 1722 in The Four Years' Voyages of Capt. George Roberts. "You Dog! You Son of a Bitch! you Speckled-Shirt Dog!" one of his captors curses him. Asked who he thinks his captors are, Roberts submissively answers that "I believed they were Gentlemen of Fortune belonging to the Sea," only to be told off once more: "You lie by God, we are Pirates, by God." Roberts tells a good yarn, so good that some have wondered whether it might be fiction, but I think it's too good for that. When, for example, one of the pirates maroons Roberts on the high seas in a boat with no sail and no provisions, the pirate bestows on Roberts, in parting, a musket with a small amount of powder, calling it a special gift. The gift puzzles Roberts. In fact, though Roberts never figures it out, a loaded gun was traditionally given by one pirate to another when he marooned him—so the marooned man could shoot himself instead of starving to death slowly. It would take a subtle novelist to resist writing the scene where it dawns on Roberts what the musket is for; it seems more likely to me that Roberts's experience and ignorance were both genuine.

Two more captives tell their stories in the General History of the Pyrates, a book I'll describe in a moment. One of them, Captain Evans of the Greyhound, is quoted in my article saying he prefers to keep his hand and lose his gold. At the moment when another captive, Captain Macrae, is afraid that he's going to lose his life, "a Fellow with a terrible Pair of Whiskers, and a wooden leg, being stuck round with Pistols, like the Man in the Almanack with Darts, comes swearing and vapouring upon the Quarter-Deck." To Macrae's surprise, the blustering fellow acclaims him "an honest Fellow," and the testimony saves him. (After reading this story, I wasted a fair amount of time trying to figure out who "the Man in the Almanack with Darts" was, and here's the answer, courtesy of Notes and Queries, 13 June 1908: "The reference . . . is evidently an allusion to the woodcuts in the ephemerides of the seventeenth and eighteenth centuries illustrating the supposed effects of the planets, &c., on the diseases in various parts of man's body. . . . The arrows are merely lines pointing to the head, heart, breast, legs, feet, &c., of a small naked figure."

The Pirates' Ruse (detail), February 1896: Male pirates, dressed as ladies and gentlemen, lure a merchant ship closer, while their mates hide with their weapons below the bulwarks Several buccaneers left narratives. The most famous is The Buccaneers of America (first English edition, 1684) by A. O. Exquemelin, a Frenchman who served with Henry Morgan and later became a surgeon in Holland. Exquemelin has some nice observations of life in the New World—flamingo meat and crocodile eggs are very tasty, he reports, and one of the few drawbacks of Caribbean life are these insects known as mosquitoes ("most vexing of all is the noise they make in one's ears")—but there's so much torture in his story that it's quite grim and grisly. I read Alexis Brown's translation, but there's an older translation available for download on Google Books. The Library of Congress offers an online display of the illustrations to the 1678 Dutch edition. Another buccaneer, Basil Ringrose, wrote an account of further depredations that picks up where Exquemelin left off, and it has often been reprinted as the second half of Exquemelin's book.

Pirates (as opposed to buccaneers) left few first-hand documents. The General History reprints a few fragments from what it claims was Blackbeard's diary: "rum all out:—our Company somewhat sober:—A damn’d Confusion amongst us!" And there is the occasional threatening letter, such as the one from Henry Every that I quote, which is reprinted in J. Franklin Jameson, Privateering and Piracy in the Colonial Period (1923), a collection of letters, reports, and legal documents, glossed with very helpful footnotes. There is also the testimony that pirates gave in court, the amplest source of which may be the four volumes (well, two of the four volumes) of Joel H. Baer's British Piracy in the Golden Age.

And then there's Charles Johnson's A General History of the Pyrates (1724), which is droll and vivid. You want the version edited by Manuel Schonhorn, because it's the most meticulous, even though Schonhorn thought that "Charles Johnson" was a pseudonym for Daniel Defoe. In fact, Arne Bialuschewski has shown that it was almost certainly a pseudonym for the journalist Nathaniel Mist.

Between them, Exquemelin's Buccaneers and Johnson/Mist's General History are the source of almost all the great stories about pirates. Given the standards of historiography of their era, they're considered to be remarkably accurate. Still, they do contain instances of embroidery, including, in the case of Johnson/Mist, a long Voltairean (in style though maybe not spirit, depending on the level of irony you choose to read it at) fantasy about a pirate utopia in Madagascar called "Libertalia." Another problem: Johnson/Mist's book is a jumble, chronologically speaking. Only modern history will help you sort wheat from chaff. C. R. Pennell has written an excellent bibliographic essay about pirate scholarship, which appears at the start of his collection Bandits at Sea: A Pirates Reader, which itself contains a broad sample of historical essays, including several on pirates other than the English-speaking ones. To speak very generally, pirate history comes in two sorts: those that describe piracy as a system, and those that describe it as a series of events. (I'm speaking crudely, of course; all do both, to some extent.) Leeson's book falls into the first category, as do such works as Christopher Hill's essay "Radical Pirates?" (1984) and Marcus Rediker's wonderful Villains of All Nations: Atlantic Pirates in the Golden Age. (Rediker's pioneering effort on pirates was a chapter in his Between the Devil and the Deep Blue Sea: Merchant Seamen, Pirates and the Anglo-American Maritime World, 1700 – 1750.) Villains of All Nations is lively and astute, and in many ways Rediker's Marxian analysis of pirates anticipates Leeson's. Rediker also seems to have read every pirate-related document ever created. Somewhat lighter in spirit, but also very responsible, is David Cordingly's Under the Black Flag: The Romance and the Reality of Life Among the Pirates, which overlays pirate sociology with a tour of the literature and film created out of pirate lore in later centuries.

As for books that offer a more narrative history of pirates, English-speaking pirates did so much dastardy that it's hard to fit the whole story between two covers. One book that manages to tell the full tale is Patrick Pringle's Jolly Roger: The Story of the Great Age of Piracy (Norton, 1953), which covers it all—Elizabethan privateers, colonial-era buccaneers, and Enlightenment-age pirates. Pringle was a sedulous researcher, but new facts have come to light in the half-century since he wrote, so he can't always be relied on as a final authority. His felicitous style more than compensates, though; he's something of a wit. On the matter of pirate governance, he, too, anticipates Leeson's arguments:

Those seamen, mostly illiterate and uneducated, freed from moral and legal restraints, would to-day be regarded as unfit for self-government. . . . Where discipline is removed, self-discipline emerges in the most unlikely places. . . . It worked. Anarchism on a small scale usually does, if it is left in peace. Anarchism on a large scale has not yet been tried.

For in-depth and fully end-noted history, three relatively recent accounts are as riveting as adventure tales: Peter Earle's The Sack of Panamá: Captain Morgan and the Battle for the Caribbean (1981) describes the buccaneer Henry Morgan's opportunistic but (in English eyes) legal raids on Spanish territories in the 1660s and 1670s; Robert C. Ritchie's Captain Kidd and the War against the Pirates (1986) lucidly narrates Kidd's late-seventeenth-century plundering against a background of political intrigue between Whigs and Tories; and Colin Woodard's The Republic of Pirates: Being the True and Surprising Story of the Caribbean Pirates and the Man Who Brought Them Down (2007) tells the story of the last generation of Golden Age pirates, those of the early eighteenth century, including Blackbeard, Charles Vane, and Samuel Bellamy, and the role played in their demise by Bahamas governor Woodes Rogers.

A note on pirate sex: B. R. Burg argued in Sodomy and the Pirate Tradition (1983) that pirates practiced homosexuality more freely than their contemporaries. The circumstances do suggest that this might be likely, as do Bartholomew Roberts's pirate articles, which forbade the presence of any "boy or woman" on board. I'm reluctant to rule it out, knowing what one knows about the British Navy, the original employer of most pirates, and about the propensity of modern-day historians to sweep such matters under the rug. (In Under the Black Flag, for instance, Cordingly quotes Roberts's articles, including the diktat against "boy or woman," and then writes, "There is no mention in this code . . . of homosexuality." Argh, as the pirates say.) But there's not enough evidence to make any positive assertion. The ultimate source of a number of supposed accounts of pirate homosexuality is Louis Le Golif's Memoirs of a Buccaneer, widely suspected of being a twentieth-century fiction. When Le Golif's tales are excluded, very little evidence of pirate sodomy remains. Ringrose's narrative is the source of the anecdote in my article of the servant who claims to have been buggered by his buccaneer master. (Confusingly, the relevant passage does not appear in the reprint linked to above, but only in the original 1685 edition.) The servant confesses, however, just as his master is losing a power struggle with other buccaneers, so his confession might be true, might be part of a smear campaign, or might be both, but in any case it isn't a happy moment of love and liberation. Also intriguing is the testimony given in a court case involving a pirate named Powell, who told a sailor, "I wish you and I were both ashore here stark naked." Rediker reports the line as possibly containing an erotic charge, but when read in its original context (the line appears at vol. 3, page 186 of Baer's British Piracy in the Golden Age), it seems more likely that the statement was recalled in court as evidence of the extremity of Powell's wish to be off the pirate ship, not as evidence of sexual interest.

Pirates, you will not be surprised to hear, are all over the internet. In conclusion, as a representative sampling, here are American soldiers flying Jolly Roger in Afghanistan, a Victorian toy theater for rehearsing the adventures of Blackbeard in your pinafore at home, and an early episode of the exceedingly goofy "Auto-Tune the News" featuring both pirates and gay marriage.