Claiming the streets. Legal history, riots and upheavals

Between an isolated incident of violence and a full-scale revolution exists a wide variety of possible forms of violent actions. Their cause, form and the people involved have differed widely, as do the backgrounds of such events. The second week of August 2011 saw riots in the streets of London and other English cities, which at first seemed largely an outburst of violence but soon turned into plundering of shops and pillaging of neighbourhoods. The reactions of authorities, even their relative unresponsiveness to events, are ever so much determining factors in assessing the exact character of events as the actual events themselves, their media coverage and opinions about them. In many countries one can scarcely imagine a police force without water cannons which were conspicuously absent in England. In this post I want to look at some historical riots and upheavals from the perspective of materials nowadays digitally presented.

Dutch upheavals

In historiography there has been a tendency to see the Dutch Republic as an island of order in the midst of the turmoil that struck Western Europe from the sixteenth to the late eighteenth century. However, a title like The Embarrassment of Riches by Simon Schama (1987), echoed by A.Th. van Deursen, De last van veel geluk. De geschiedenis van Nederland, 1555-1702 [The burden of lots of luck] (2004), indicate a less rosy state of affairs. Van Deursen died last month. He was an eminent historian who has considerably enriched our views of the Dutch Golden Age. War was a characteristic of the period of the Dutch Revolt, roughly between 1566 and 1609. The Eighty Years War (1568-1648) of the United Provinces lasted even longer than the Thirty Years War and the destructions that hit the German Holy Empire. Already in 1979 Rudolf Dekker published an anthology of eyewitness accounts of troubles and riots in Holland (Oproeren in Holland gezien door tijdgenoten (Assen 1979)), and in 1982 appeared his study Holland in beroering: oproeren in de zeventiende en de achttiende eeuw [Holland in trouble: riots in the seventeenth and eighteenth century] (Baarn 1982).

One of the most striking revolts in the Dutch Republic was the 1696 Aansprekersoproer, literally “The Undertaker’s Men Revolt”. You can find the occupation aanspreker among the occupations in the History of Work Information System of the International Institute for Social History, Amsterdam. The city of Amsterdam had decided to lower the number of men working as an undertaker’s man from around 300 to 72. In order to win the favour of the poor the aansprekers launched the rumour that due to this new policy poor people would not get anymore a decent funeral. An indignant mob attacked the houses of burgomasters and other members of the city’s elite and killed several people. The city council immediately issued ordinances against the violence, but to no avail. The second day sailors joined the revolt. Only the third day a former burgomaster succeeded in calming the mob. Students of Utrecht University have created an interesting online presentation concerning the Amsterdam city government, this riot and the subsequent trial.

From more recent centuries, too, one can find several major riots. The most picturesque riot is probably the Palingoproer, the “Eel Revolt” of July 1886 in the Jordaan, a neighbourhood of Amsterdam. Pulling eels from a rope while standing on a boat in an Amsterdam canal was one of the few pastimes in a poor and squalid quarter of Amsterdam. Not that other Dutch cities were any cleaner. Auke van der Woude has chosen a most winning title for his latest study Koninkrijk vol sloppen. Achterbuurten en vuil in de negentiende eeuw [Kingdom of slums. Backstreets and rubbish in the nineteenth century] (Amsterdam 2010), a book in which you can smell the poverty that reigned in the slums of many cities. Pulling eels had been repeatedly forbidden, and police action against it seemed to be the trigger for protest. On the first night policemen used swords to get safely back to their headquarters. On the second day the army came into action with 26 victims as a result. The image database of the Amsterdam City Archives contains a number of contemporary photographs of the Lindengracht where this revolt happened. The Amsterdam City Archives have developed a very active policy of digitization on demand, and not only for this reason you should look at the services offered here. During the inquiries after these riots it proved impossible to detect agitation by anarchists.

The Jordaan, now a much-loved neighbourhood in Amsterdam, saw in 1917 a week called afterwards the Potato Revolt with nine casualties and over one hundred wounded people. In 1934 a protest in Amsterdam against a cut in the doles combined with a protest against the Dutch national-socialist party NSB. During this Jordaanoproer not only the Jordaan became the scene of a revolt, but other quarters of Amsterdam as well. With five dead people and more than fifty casualties this might seem a less violent revolt, but the Amsterdam police failed again to quench the revolt quickly.

Most recent in Dutch memory are the riots in Amsterdam on April 30, 1980, during the coronation of Queen Beatrix, and therefore called either the Coronation Riots or the Squatter’s Revolt. A substantial number of houses in the old city of Amsterdam had become illegally inhabited by groups of squatters. They announced a day of action as a protest against the Dutch housing shortage, and more specifically against the authorities which according to the squatters failed to act against speculation on the housing market. The very city heart of Amsterdam had been sealed off to ensure a smooth coronation, but elsewhere in the city centre a number of fierce battles were fought. A growing number of squadrons of a special police force, the Mobiele Eenheid, the “Mobile Units” was called upon to fight against the squatters. Due to inadequate communication these forces at first did not help much. Only late in the evening of April 30 the streets became quiet after a day with hundreds of casualties and severe damage to shops and other buildings. Afterwards the Coronation Riots were absolutely the main reason for the Dutch police to give the Mobile Units more training, to enhance communication and to revise police strategies against possible violence. Novelist A.F.Th. van der Heijden wrote in 1983 De slag om de Blauwbrug [The battle for the Blue Bridge], a short story about an episode during the Coronation Riots, which functions as the prologue to a series of novels by this author.

Only the Jordaan Riots of 1934 have been canonized in the Canon of Amsterdam. If you want to find more Dutch riots and upheavals mentioned in the current Dutch vogue for historical canons you can search for words like rellen, oproer or opstand at the Regiocanons website which presents a number of regional historical canons.

Riots in the United States

Surely one of the best documented events concerning a riot in the United States is the Haymarket Affair. In May 1886 a four-day labor protest in Chicago was met by a large police force. On May 1 and 2 things went uneventful, but in the evening of May 3 a bomb exploded amidst the policemen just as they had summoned people to clear the streets. One police officer was killed immediately, six others died later. The police responded with gunfire which wounded an unknown number of protesters. Afterwards the police arrested a number of anarchists. In the subsequent trial four defendants were sentenced to death. The trial became an international affair. In fact the remembrance of this protest created the international celebration of May 1 as Labor Day.

The Chicago Historical Society has created a digital collection on the Haymarket Affair, in which you will find all kinds of documents on the protest, the events of May 3 and the trial. At this site is also a so-called dramatization of the events, a narrative with the purpose to put the events into perspective. The Library of Congress presents in the digital collection of the American Memory both the documents digitized at Chicago, more documentation and a full transcript of the trial. Perhaps it is good to note the title of the collection at Washington, D.C.: Chicago Anarchists on Trial. Evidence from the Haymarket Affair, 1886-1887. The trial is of course present at the Famous Trials website of Douglas Linder, who specifies the title of the case, State of Illinois v. Albert Spies et al. Despite rumours about machinations by anarchists or social-democrats the investigations at the trial did not bring convincing evidence for this charge.

Linder mentions several other riots which resulted in epoch-making trials. The Boston Massacre in 1770 was one of the events leading to the Boston Tea Party in 1773. Soldiers opened fire at unarmed citizens when they felt threatened by them. Five people died, many others were wounded. In his introduction to The Boston Massacre, a history with documents (New York, etc., 2010), a useful collection of documents on this event, Neil L. York does not fail to mention the paradox that what happened was not a massacre, but it surely had similar impact. The Carthage Conspiracy Trial has at its centre a mob killing Joseph Smith in Carthage, Illinois in 1844, just one man.

In fact this paragraph could easily be extended to mention much more riots and upheavals. The Villanova University in Philadelphia launched this month an online exhibit called Chaos in the Streets. The Philadelphia Riots of 1844 on the violence against Catholic and Irish people in May and July 1844. It is already interesting to note the time span of these riots. On the Anglo-American Legal Tradition website of the O’Quinn Law Library, University of Houston you will find for example materials among the Privy Council Miscellaneous Papers at the British National Archives concerning the Stamp Act Riots of 1765. The New York Draft Riots in July 1863 were probably the largest riot in American history. Protest against the conscription act enacted by Abraham Lincoln culminated in fierce riots after the publication of the names of draftees. The number of victims has been estimated between at least twenty to perhaps 2,000 people. In Making of America Books, a digital library at the University of Michigan, you can find a book by Joel Tyler Headley, The great riots of New York, 1712 to 1873,: including a full and complete account of the Four Days’ Draft Riot of 1863 (New York 1873). Its title clearly indicates the events in 1863 did not constitute the first riot in New York.

The American Civil War (1861-1865) forms the background of the 1863 riots, and puts them into a different perspective from riots during more peaceful times. It is hard to distinguish between a single riot and riotous days during or even starting a revolt or revolution. Therefore I have excluded riots during such periods from the sample of riots presented here. It is certainly not for a lack of riots in American history that I mention only a few. Slavery and racial tensions were just a few of the ingredients at hand and at stake in riots. By chance I spotted the Tulsa Race Riot in the night from May 31 to June 1, 1921, with an estimated number of deadly casualties between one hundred and three hundred in this Oklahoma town. The Tulsa Historical Society has created an online exhibit about this event.

Riots in the United Kingdom

Events in the United Kingdom pushed me to write about riots. The British people are no newcomers to such events. In 1381 the Peasants’ Revolt had been a nationwide upheaval. The study of riots by historians has been decisively influenced by Eric Hobsbawm, George Rudé and their book Captain Swing (New York 1968) on the farmer protests in 1830. Threshing machines were demolished, workhouses and tithe barns attacked. The actions were accompanied by letters written by a Captain Swing, an invented figure. No killings took place during the Swing Riots. The protests followed after two seasons of poor harvests. It has been argued that the 1830 riots were in the long way also the consequences of earlier enclosures which deprive poor farmers of a decent source of income.

Hobsbawm minted the term social banditism, a kind of bottom-up, grass-roots rebellious action against law and order. According to him the bandits gained a stronger social status by protesting violently against and breaking through the borders of society. As a medievalist I would think immediately of Robin Hood, and realize also that his romantic legend grew only in much later times. The studies by Hobsbawm and Rudé are still worth reading because of their scholarship, but inevitably they point also to the weakness of hypotheses about the causes of riots which favour just one reason or factor behind riots and revolts.

This post would become a bit tedious if I would continue to go from one case to another without sufficient reasons and explanation. However, in order not to let you suffer too much from the apparent lack of information here you had best turn to bibliographies and journals on legal history. Law, Crime and History is one of the journals you might start searching in for more. In the most recent issue (21/2 (2011)) of this e-journal you will find for example an article by David Cox on the Staffordshire Election riots in 1835. This journal is an offspring of the Solon project at Plymouth University. Checking for seminars and conferences concerning legal history at the website of the Institute of Historical Research is another thing to do. You will also consult with profit the bibliography of British and Irish legal history compiled at Aberystwyth University, alas only for publications between 1977 and 2005. If you use as a search term the word riot in the database of the proceedings of the Old Bailey for the period 1674-1913 you will find easily more than 400 cases. This website has an extensive bibliography. This fact, too, explains my hesitation to choose any example from these rich court records.

Violence and (legal) history

One blog post is not enough to tell more of the story of violence and its presence in legal history on the local, regional or national level. Here I have only tried to point you to some examples which came to my attention recently. Let’s finish this post with the remark that preparing this post and seeing the great variety in the form of these riots and upheavals, the wide spectrum of issues at stake, the different views on their causes and the very different stories these riots make, has helped me to become more sceptical of easy explanations. No doubt some easy explanations still figure in the presentation I give here of some events. The depth of explanation is probably inversely related to the number of examples given… Sometimes giving a taste of things to explore further is just as important as giving a seemingly complete story.

Expanding stories: a postscript

In order to make it more obvious how many revolts and rebellions can claim your attention a few examples which came to my notice in December 2011. It is only logical to make up here for the rather scarce information on riots in the United Kingdom, even more because the original impulse to write this post stems from the August riots in English towns earlier this year. In my post about the Centre for Legal History in Edinburgh I mentioned the digital collection of Jacobite prints and broadsides at the National Library of Scotland. In the section Historical News of the website of the Institute for Historical Research in London I found a notice about the digitization of the depositions after the Irish rebellion of 1641. Trinity College Dublin has recently launched a website with these depositions. If you search for riots on the website of the Institute of Historical Research you will be richly rewarded. One of the search results is the conference at Brighton from September 5 to 7, 2012 at Brighton on the theme Riot, Revolt, Revolution. To the selection of websites on British History which I made to make up for the relatively short treatment of events in the United Kingdom I would like to add History Online.

The Boston Massacre

The blog In Custodia Legis of the law librarians of the Library of Congress alerted me to documents at the Library of Congress concerning the role of John Adams in the aftermath of the Boston Massacre in 1770, and brought also a special website to my attention. A number of documents has been digitized, and you can find out more at the website of the Boston Massacre Historical Society.

Contemporary history

The riots after the death of Michael Brown on August 9, 2014, in Ferguson, Missouri, got world-wide attention. The Washington University in St. Louis, MO, has created the digital archive Documenting Ferguson. You can look also for example at a Ferguson research guide created by the University of Arizona and a similar guide from Michigan State University. This university has also put online a special guide concerning riots and trials touching upon African-American history, Outrageous Justice: Riots, Lynchings, False Accusations and Court Trials with numerous links to websites about trials and courts.

Leave a comment