Tag Archives: Colonial history

An empire of laws and books

Empires come and go in different forms. The Spanish colonial empire came into existence and made its mark on people not only by physical conquest, but also by the power of words in print. The sixteenth-century was witness to the success of the printing press. Governments used books in many ways. In this post I would like to introduce a new digital collection concerning colonial law in Latin America created by the library of the Max-Planck-Institute for European Legal History in Frankfurt am Main, In recent years global and transnational legal history has become a major focus in the various programs of this institute. At the start of a new academic year and at many other moments it is always sensible for legal historians to have a look at the developments of this great research institute.

The laws of the Indies

Starts screen De indiarum iure

The new digital collection has a Latin name, De Indiarum iure, “On the law of the Indies”As for now there are 33 titles in this collection. Instead of deploring the low number of books you had better appreciate the presence of works on canon law and the Christian faith. This mixture of subjects shows in a nutshell the all-encompassing impact of the books the Spanish published, mainly in Mexico and sometimes elsewhere in Latin America. The work that gives its name to the collection, Juan de Solórzano y Pereiras’ De Indiarum Iure, has not yet been digitized within this digital library. You can consult online a copy of the first edition (Madrid 1629) in the Internet Archive (copy Rome, Biblioteca Nazionale Centrale). There is a reprint of this edition (Frankfurt am Main, 2006). A modern critical edition of this text has been published in the series Corpus Hispanorum de poce by C. Baciero (3 vol., Madrid 1994-2001).

More to the point is perhaps the question of the relation of this new collection to the project of this Max-Planck-Institute around the legal history of the School of Salamanca. The term School of Salamanca refers to Early Modern authors who taught at Salamanca in the fields of law, theology and philosophy. A fair number of them were either Dominicans or Jesuits, and their background was another factor in making the debates more interesting and complicated. In fact there is a web page of the institute for cooperation with a second project in Germany concerning this Spanish university, The School of Salamanca (Akademie der Wissenschaften und der Literatur, Mainz). Thomas Duve, one of the two directors of the MPI in Frankfurt in Main, leads also this project in Mainz. The Mainz project will eventually also present a digital library of relevant resources. Thoughtfully one has already provided a list of works to be digitized. The website of the Salamanca project at Mainz points to a number of relevant links and even a mailing list for those interested in the project. These webpages can be viewed in German, English and Spanish.

Start screen digital collection The School of Salamanc

At a separate website, The School of Salamanca, with indeed a very sensible use of the extension .school in its URL, you may want consult the digital collection created for the project at Mainz which now contains 118 works. On closer inspection you will find currently only 21 works, with links to the online catalogue of the university library at Salamanca, but no actual links to digitized works. However, in the digital library of the Universidad de Salamanca you will find a number of the works announced at Mainz. Where possible links to digitized works at Salamanca could be added swiftly. The website with the digital library will also contain a legal-political dictionary. Both projects seem promising, but at this moment they both do not yet bring you completely what you would expect. The MPI website does not yet give you the URL of the joint digital collection. By all means one can wonder about the launch of two related digital collections which seem to cry out for an integral approach following the lines of the new projects at the MPI which cross borders effortlessly. Both projects do look beyond more traditional ways of inquiry. The blog of the Mainz project is one of the places to look for various aspects of modern research into Spanish authors, as does the general page of the MPI on the School of Salamanca and legal history.

A third project, Scholastica Colonialis, is worth some attention here, too. Scholars from six countries do research on the history of Spanish and colonial philosophy in the Early Modern period. This project will not contain a digital collection.

Logo Primeros Libros de las Americas

On purpose I mentioned the absence of a special digital collection at Scholastica Colonialis. In view of the variety of digital libraries in Latin America and those in Spain and Portugal concerning the Americas it is justifiable to question the need for a new digital collection. The MPI wisely chooses at De Indiarum iure mostly works not commonly associated with legal history. The project at Mainz has not yet completely implemented its choice for works digitized at Salamanca, but its aim and the argumentation behind this choice seem clear. To get an idea of the number of digital libraries for both North and South America you might want to look at the links collection I created at my own legal history website. For perfectly understandable reasons the MPI at Frankfurt am Main does not maintain a portal for legal history with extensive links collections, otherwise I probably would not have started my own pages with links to digital libraries, archives and image collections. To mention a few examples of the very extent of such libraries, the international Biblioteca Digital de Patrimonio Iberoamericano now even has a section for incunabula. Primeros Libros de las Americas is a second international project which brings you books printed in the Americas before 1601. This is the place to mention also the online Catálogo Colectivo de Impresos Latinoamericanos hasta 1851 for Latin American editions, and you might want to use the Catálogo Colectivo del Patrimonio Bibliográfico Español.

My first impression of the De Indiarum iure digital collection at Frankfurt am Main is mixed. Perhaps it is best to see it as a kind of preview. When eventually more titles have been added to it, the collection will certainly be a further asset to the digital library of the Max-Planck-Institut für europäische Rechtsgeschichte. No doubt the word “European” will one day disappear from its name! The digital collection at Mainz strangely lacks links to digitized books, but this omission can easily be repaired. A second thing to keep in mind that whatever the qualities of both digital collections might be they form elements for projects that will massively enrich our knowledge, understanding and views of the School of Salamanca as a factor in Spanish and Latin American history with a fascinating interplay between scholastic thought, legislation and Early Modern debates on many aspects of law and society.

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Canada´s confederation at 150 years

Official banner Canada 150

With the summer approaching you can be busy enough to almost miss events such as centenary celebrations. Thus the celebration of 150 years Canadian confederation, a major step to Canada´s independence almost escaped my attention. Centenary celebrations should not stand in the way of other subjects, but I think this one is interesting enough for a post here. At the heart of this contributions are the main constitutional documents in Canadian history, both before and after 1867. It will be instructive to make a tour of the major online portals with historic and current constitutions.

Before and after 1867

The websites which bring us online versions of constitutions worldwide often restrict themselves to current versions, but happily there are exceptions. Some portals give primarily historical versions. The Archivio delle Costituzione Storiche (Università di Torino) gives for Canada only documents from 1871 to 1943, and only in English. The Digithèque MJP (Université Perpignan) gives a very generous selection of constitutional documents concerning Canada, a number of them located at this portal and other elsewhere. The wealth of information from Perpignan, including an overview of major facts in Canadian history, is such that it is helpful to have a direct link to its version of the 1867 act. Canada is absent among the German translations at Verfassungen der Welt, but the English version is present at its Anglophone counterpart, International Constitutional Law (Universität Bern). I could not find quickly any Canadian document in the Avalon Project (Yale Law School).

William F. Maton created the webpage Canadian Constitutional Documents, with first of all a consolidated version of the British North America Act 1867, followed by later constitutional documents up to 2001. Alas the Spanish page gives no Spanish translations of the texts, only a translation of the introductions and explanatory notes. The Constitutional Society offers only the English version of the 1867 act. Among the facsimiles at The Rise of Modern Constitutionalism, 1776-1849 there are simply no documents relating to Canada, which helps to create the false impression no such documents came into being before the mid-nineteenth century. The Constitution Finder (University of Richmond School of Law) contains for Canada seven documents (1867, 1982, 2011). In the Constitute Project of the University of Texas at Austin you will find only the current version of the Canadian 1867 act. A Russian project for constitutions worldwide brings you Russian and French translations of the Canadian constitution (1867, 1982, 1989).

Logo Canadiana

I made this tour of websites for the history of constitutions because it appeared that the URL for Canada in the Making at the digital portal Canadiana was broken, and also for checking the other web addresses of constitutional portals. The English version of Verfassungen der Welt had moved to a new URL, and I had to update the page for digital libraries at Rechtshistorie where you can find a section with these portal sites. The Internet Archive saved the pages of Canada in the Making, evidently an educational resource which got skipped at Canadiana without a trace. It seems there has developed a paradox between its absence and the abundance of sister portals for Canadiana, a general portal for online resources, the Héritage/Heritage portal for archival collections, and Early Canadiana Online, to mention only the most important offsprings. If you search for the word constitution at Early Canadiana Online you will get nearly 3,000 results.

Canada in the Making featured not only Canadian constitutional history, but also sections on aboriginal treaties and relations, and on pioneers and immigrants. The very words used for these two sections can cause frowns, and you might guess they explain at least a part of its disappearance. The section on constitutional history starts its story in the seventeenth century, and makes it sufficiently clear that the 1867 act is surely a milestone, but decidedly not the only one in Canadian history.

For a concise introduction to Canada’s constitutional history the page of the online Canadian Encyclopedia on this subject and separate pages about the 1867 constitution and other major acts are most rewarding. Dutch readers will recognize in particular the role of unwritten conventions in Canadian law which closely resemble Dutch constitutional law.

Logo Then/Hier

One of the gateways to educational resources for Canadian history is the bilingual portal Then/Hier. You might expect some attention to the current celebrations, but this portal shows no signs of them. Among the teaching resources is a section on constitutional history, and if this is not enough for your taste you might have a look at the generous selection of links at Then/Hier, both in Canada and elsewhere.

If you want to continue a search for digital resources you should have a look at the Canadian National Digital Heritage Index (CNDHI), a portal for searching digital collections. At its start the number of collections included was rather small, but now it seems the team behind CNDHI has put in a lot of effort to create a sensible covering of available digital collections. A simple search with the word constitution resulted in nearly 500 hits.

On my legal history portal I put on the digital archives page the CNDHI among the general resources concerning Canadian archives. The first section of this page leads you to general overviews and gateways to digital inventories and finding aids, the second section brings you to digital archival collections. The links for Canada should help you to pursue your own interests. In the final section you will find among specific tools, sites and societies of archivists also The Association of Canadian Archivists. Writing here about Canadian history has been for me a stimulus to continue to make my overviews of digital archives and libraries better tuned to the needs of legal historians. I can recommend visiting the Borealia blog for much more information about current research on early Canadian history.

A postscript

Some sessions at the upcoming conference Canada’s Legal Past: Future Directions in Canadain Legal History (Calgary, July 17-18, 2017) will deal with Canada’s constitutional history. The Law Society of Upper Canada will organize on September 27, 2017 at Toronto the symposium Lawyers and Canada at 150. The blog of the Osgoode Society for Canadian Legal History keeps you informed about scholarly events and publications.

Slavery depicted and described

The cover of the rare books catalogue on slavery

Image from Marcus Rainsford, “St. Domingo, of het land der zwarten in Hayti en deszelfs omwenteling (…)” (2 vol., Amsterdam: Allart, 1806), used on the cover of the catalogue

Sometimes I find a new subject for a blog post by looking in my list with possible themes, sources and legal systems, but every now and then a subject appears without any prior notice. This week I found in my mailbox an announcement about a new catalogue of a rare books seller on the subject of slavery. One of the major changes in world history is surely the way slavery became the object of massive criticism and protests after many centuries of more or less accepted existence. Legal history should provide space not only for the study of the history of legal doctrine, its teaching and legal institutions, but also for the impact of both elements on society. Slavery was kept in place and force by laws and customs. Anyway, slavery is a major subject pointing to the grim consequences of plain injustice and enchained human liberty, but such views, too, have their history. The catalogue (PDF, 3,8 MB) contains items from many countries and periods, and you will find here only a selection to make you curious for more. Many items have beautiful illustrations.

Yet another reason to look at this catalogue is the firm behind it. Thirty years ago the rare books firm publishing this catalogue had its seat at the lovely Oudegracht, the main medieval canal in the old city of Utrecht, but it has retreated to a more rural setting in the hamlet ‘t Goy, now part of the garden city Houten to the south-east of Utrecht. In fact this firm was probably the first antiquarian book firm which I dared to visit as a student. At its present pretty location in a renovated old farm you will find a second antiquarian bookseller who works with the other firm in association. This legal figure is rather interesting, because you will want to be sure who is the seller of valuable items. I will briefly look at this legal aspect, too.

From highlight to highlight

In order to present here a somewhat coherent choice I had better start with the book figuring on the cover of the catalogue shown above. No. 24 in the catalogue with 28 items is the Dutch translation of a work by Marcus Rainsford. Rainsford came to Haiti in 1799 and became an admirer of Toiussaint l’Ouverture, the leader of the Haitian slave rebellion. No. 5 is a French translation of a work by Willem Bosman, Voyage de Guinée (…) (Utrecht: Schouten, 1705), according to the catalogue one of the earliest descriptions in print of West-Africa and the slave trade in this region.

Among the most important items is no. 3, an official transcript of the will of a slave owner on Jamaica, the merchant Joseph Barnes († 1829). It is good to note the attached probate form of the court of Doctors’ Commons, and a seal of the prerogative court of the archbishop of Canterbury. Rather special is also a book by Philip Howard, Slave-catching in the Indian ocean (…) (London 1873) who wrote about the Asian slave trade (no. 7). Very rare is the book of Bartholomeus Georgiewitz (Bartol Djurdjevic), Voyage de la saincte cité de Hierusalemme (…) (Liège: Streel/De la Coste, 1600), a book written by a former slave who spent 13 years in Ottoman captivity after the battle of Mohács in Hungary (1526) (no. 9).

The catalogue is really a jigsaw puzzle of items stemming from many countries. In a number of cases we find translations, for instance a French translation of Alexander Grailhe’s plea in the case of the will of the philantropist John McDonogh (1779-1850) (no. 12) who bequeathed a fabulous amount of money for the foundation of public schools in New Orleans and Baltimore with free access for both white and black children. Texas figures in no. 26 with an edition of Ordinances and decrees of the consultation, provisional government of Texas (Houston: National Banner Office, 1838).

North Africa is the region in a book ascribed to Jean-Baptiste de La Faye, Voyage pour la redemption des captifs aux royaumes d’Alger et Tunis (…) (Paris: Sevestre and Giffart, 1721) (no. 18). The story told here concerns three members of the Ordre de la Sainte Trinité who tried to free Christian slaves. East Africa is the subject in no. 11, with two French reports about languages in East and Equatorial Africa and slavery, the first published in Mauritius in 1846 , the second in Paris in 1850, with a letter by the ethnographer Eugène de Froberville. A Dutch translation of William George Browne, Nieuwe reize naar de binnenste gedeelten van Afrika, door Egypte, Syrie en Le Dar-four (…) (2 vol., Amsterdam: Allart, 1800), an account of travels in Egypt, Syria and Sudan figures as no. 6.

Dutch historians will note the works of two rather famous brothers, the politician Gijsbert Karel van Hogendorp with a volume of letters about the end of the Dutch East India Company [Brieven aan een participant in den Oost-Indischen Compagnie (3 parts, Amsterdam: weduwe Doll, 1802-1803); no. 14], and a rare copy of a novel by his brother Willem van Hogendorp [Kraskoepol (…) (Rotterdam: Arrenberg, 1780) ; no. 15] about the dangers of harsh treatment of slaves. At the time of writing he was an official in the East India Company. A different slant on Dutch Caribbean history comes into view with no. 19, the illustrated album amicorum of Henry van Landsberge, governor of Suriname between 1859 and 1867, the period of the abolition of slavery in this Dutch colony (1863). British matters are at stake in two major reports about slavery for the House of Commons printed in 1848 and 1849 (no. 16).

Some reflections

In the paragraph above I have deliberately put some items together which might have been placed in a regional order in the catalogue, too, but the catalogue shows the random nature of the subjects covered in the books and manuscripts offered for sale.

Portrait of P.A. Tiele

The wide geographical range of subjects is daunting for most scholars and cataloguers. Each description follows the time-honoured practice of a concise bibliographical description, followed by the price, a summary of the contents and information about the author, the publisher and when necessary the rarity of an item. The descriptions end with a string of abbreviated titles and numbers, references to specialized bibliographies, national bibliographies and sometimes also collective library catalogues. In a number of cases I can determine to which publication or website a reference points, but at many turns I can only assume there is specialized scholarly literature with which I am not familiar. For me this catalogue would benefit from full references, but others will no doubt see familiar landmarks. I fail to understand why the Karlsruher Virtueller Katalog (KVK) has not been used everywhere, be it even only to state “not in KVK”. The references to NCC stand for the Nederlandse Centrale Catalogus, a licensed online meta-catalogue for Dutch university libraries maintained at the Royal Library, The Hague. “Tiele” can stand for a variety of publications by Pieter Anton Tiele (1834-1889), librarian of Utrecht University Library. Tiele published major catalogues of pamphlets in Dutch holdings, a catalogue of the manuscripts in Utrecht UL, a catalogue of Frederik Muller’s collections of travel accounts, and the catalogue of the Bibliotheca Thysiana in Leiden, to mention just his most important contributions. The French and English Wikipedia have short articles about him. For Dutchies there is the website of the Dr. P.A. Tielestichting which promotes research into book history. In one case I could easily identify an abbreviation of a library. JCB stands for the John Carter Brown Library of Brown University, Providence, RI, renown for its rich holdings for American and Caribbean history and culture.

The things that strike me every time when I see announcements and catalogues of the two associated rare book firms Forum Rare Books and Asher Rare Books are the shared phone and fax numbers. Antiquariaat Forum started in 1970 and acquired Asher Rare Books in 2010. Forum Rare Books is active on Twitter for both firms (@ForumRareBooks). To complicate things, there is a third firm at the Tuurdijk 16 in ‘t Goy, Forum Islamic World. The terms of sale of the three firms follow normal book selling practice governed under Dutch law and the rules of the international antiquarian book world, but I cannot help musing about the liability of the seller when things go wrong, and pure humanly who represents a firm on a particular moment. Luckily, Forum is a member of the two major Dutch book selling associations and of ILAB, the International League of Antiquarian Booksellers. I cannot detect the required registration number of the closest Chamber of Commerce, but surely you will find it on the invoice. On the other hand new buyers have to provide their credentials. Bas Hesselink of Forum Rare Books is known in my country also for the way he speaks about old books and prints in the Dutch television program Tussen Kunst & Kitsch (“Between Art and Kitch”) in which the general public brings objects for appraisal by art experts in the setting of museums.

My concern in writing about this catalogue comes also from my curiosity where these items will eventually be found. Some of them form a substantial enrichment of our knowledge of painful aspects of Early Modern history, and hopefully we will find most of them in the custody of public institutions.

Forum Rare Books and Asher Rare Books, catalogue 2017 Slavery – ‘t Goy (Houten), Netherlands

A journal for the legal history of Morocco

Logo RMHDLast year I heard about the plans for a new legal history journal, the Revue Marocaine d’Histoire du Droit (RMHD). This month the happy news arrived about its upcoming launch. As I was about to write a brief announcement I read online two contributions about Morocco’s legal history, one in Dutch about the new journal in the Flemish Rechtshistorische Courant edited at Ghent University, the monthly bulletin for the legal history of the Low Countries, one at the Legal History Blog about a book published in 2014 concerning law and history in Morocco. It seems worthwhile to connect both items here with a third announcement on a volume of scholarly articles about the centenary of the Moroccan code of contractual law.

Researching Morocco’s legal history

Let’s start here with translating some of the words of Dirk Heirbaut (Ghent University) wrote in the Rechtshistorische Courant about the new journal led by Fouzi Rherrousse (Université Mohammed Premier Oujda): “We can only applaud this initiative for a Moroccan journal for legal history, because it will be the first of its kind in the Arab world. It will try to answer a great need. There is scarce attention for Morocco’s legal history, the subject is not included in the curriculum of the law faculties. It is to be hoped that the new journal changes this situation and gives an impulse to the study of legal history in Morocco and elsewhere in the Arab world. In a globalising world this is also important for European legal historians”. A number of European scholars has joined the comité de lecture, and others are even members of the editorial board.

By some lucky coincidence the Legal History Blog posted a brief announcement about a book the ever-vigilant team of this very active blog apparently had missed earlier. They wanted to make good this omission, for they deem it an important study. The book in question is Etty Terem, Old Texts, New Practices: Islamic Reform in Modern Morocco (Stanford, 2014). At the publisher’s website you can read the summary, the first chapter and the start of the second chapter. Terem studied a book in eleven volumes published in 1910 by a Moroccan scholar, al-Mahdi al-Wazzani (1849-1923) called al-Mi`yār al-jadīd, the “New Standard Measure”. Al-Wazzani collected many thousand fatwās, legal decisions, pertaining to Mālikī law. He did this just before France got de facto hold of a large part of Morocco. The treaty of Fez in 1912 divided Morocco into a French and Spanish protectorate, apart from the international enclave Tanger and a number of other ports. Terem invites you to look closely at the role, meaning, interpretation and impact of this massive legal collection.

Cover of "Le livre jubilaire"The centenary volume I mentioned above [Le Livre jubilaire. Centenaire du Dahir formant Code des Obligations et Contrats, Fouzi Rherrousse (ed.) (Oujda 2017)] was signalled at Histoire du Droit des Colonies, a French portal for colonial legal history. The Dahir was officially published on August 12, 1913. The delay between the centenary and the publication of this scholarly volume does certainly not diminish its importance. In the first section scholars write about contract law and obligations as an element of European legal history, and about different ways of codification in past and present, literally from classical Antiquity to the twenty-first century. The second section contains nine articles on the Code des obligations et des contrats, for example on the preparation by French lawyers of this code of law, Spanish influences, the impact of Roman law, the role of an Italian lawyer, and also the role of this code between law and economic influences.

The website Histoire du droit des colonies alerts also to the 2016 international conference Regards croisés sur l’histoire du droit [Different regards on legal history] held at Oujda. It underlines the role of a series of centenaries in Morocco’s legal history, with not only the Dahir, but also the first official gazette, the Bulletin officiel. The organizers rightly deplored the absence of legal history at the law faculties, only ancient law is an obligatory subject. They want to free the subject from rough generalisations, shame and confusion about the past of Morocco, and the danger of unreflected changes in current law.

Blog posts are usually not long, and I am afraid my average posts are much longer than many readers will expect, but this time I think it is better to offer only a short contribution to be continued at some point in the near future. Pursuing this path will ask some real efforts, think only of the variety in transliteration of Arab names and book titles. There exists a recent selection of texts by Islamic lawyers from the past, Islamic legal thought : a compendium of Muslim jurists, Oussama Arabi, David S. Powers and Susan A. Spectorsky (eds.) (Leiden 2013) to which Etty Terem contributed a fragment from the opus magnum of al-Mahdi al-Wazzani. You might also want to Iook at the French website Colonialcorpus. The most recent issue of the online legal history journal Clio@Themis contains articles in several languages around the theme Revues et empires coloniaux. I have not yet found a web page or website for the new Revue Marocaine d’Histoire du Droit, nor has the first issue appeared in print, but nevertheless I want to wish Fouzi Rherrousse and his team good luck in paving the roads for more space for and more attention to the legal history of Morocco, North Africa and the Arab world.

A postscript

In the autumn of 2017 a study by Dan E. Stigall, The Santillana Codes: the Civil Codes of Tunisia, Morocco, and Mauritania (Lanham, MD, 2017) will appear. Not only the civil law of Morocco, but also the role of the cosmopolitan Tunisian lawyer David Santillana (1855-1931) will be highlighted. You can read a very interesting about this book in a post at the blog of the Friends of the Library of Congress, the library where Stigall did his research for this new book.

Two laws and one trial

Banner The Amboyna Conspiracy TrialSometimes even a history blog cannot escape from current affairs, but the opposite happens, too: a historical event comes unexpectedly into view and you keep thinking about it. A few weeks ago I encountered the project The Amboyna Conspiracy Trial (Monash University) about a famous trial in 1623 on the island Ambon, part of the Moluccas islands in the southeastern part of the vast Indonesian archipelago, close to Sulawesi, East Timor, New Guinea and Australia, thus explaining the interest of a team at an Australian university led by Adam Clulow. Among the partners for this project launched in 2016 were the Roy Rosenzweig Center for History and New Media at George Mason University, the Dutch Nationaal Archief in The Hague and the India Office Records of the British Library. The website of the project invites the users to ponder the question on which side they stand. In particular the educational aspects of this website merit attention. Here I use both Ambon and Amboina to refer to the island.

Yet another reason to write here about the Dutch East India Company is the upcoming exhibition at the Nationaal Archief in The Hague, De wereld van de VOC [The World of the VOC] that will be on display from February 24, 2017 to January 7, 2018.

A clash of emerging empires

Poster "De wereld van de VOC" - Nationaal \archief, Den Haag

The story of the trial in 1623 is seemingly simple and straightforward. The Dutch authorities on the island Ambon, officials of the Dutch East Indian Company, arrested a Japanese soldier who had behaved suspiciously. Under torture he and fellow Japanese mercenaries confessed to know about a conspiracy of the English to capture the Dutch fortress. In a span of two weeks Englishmen, too, were captured and tortured to gain confessions. Under Dutch criminal law torture was considered one of the legal means in a trial. The Early Modern maxim “Tortura est regina probationum”, torture is the queen of proves, is not mentioned at the project website. On March 9, 1623 twenty prisoners were executed by the Dutch.

The creators of the Amboyna website are quite right in seeing this trial as a focus point of history. The Dutch and the English competed for the most profitable trade in spice. In fact the name of the Moluccas in Dutch – now in Dutch Molukken – was for many years “Specerij-eilanden”, The Spice Islands. A treaty signed in 1616 seemed a rather peaceful start of Dutch relations with the inhabitants of the Moluccan Islands, but in 1621 governor Jan Pieterszoon Coen decided to invade these islands, aiming in particular at Banda, known for its nutmeg, apart from Grenada the only spot on earth where you can find large quantities of this fruit which also produces yet another spice, mace.

Treaty with Banda, 1616

From 1610 to 1619 Ambon was the central location of the Dutch overseas empire in South East Asia. Coen and his troops killed in 1621 thousands inhabitants of Banda and the surroundings islands on the pretext that they had broken the treaty by trading with other nations than the Dutch, be they English, Spanish or Portuguese. This background of ferocious and ruthless violence close to genocide did not predict a peaceful continuation of relations with the indigenous people nor with other European countries. It is indeed the very story that forever divides those applauding the Dutch energy and colonial expansion, and those who condemn the events and the whole period as an unforgivable and inhuman step in mankind’s history. A few years ago one of the episodes of the television series on the Dutch Gouden Eeuw (Golden Age) centered around the 1621 massacre at Banda (the fifth episode, Een wereldonderneming [A world enterprise]. In January 1623 Coen was succeeded as governor of the Dutch Indies by Pieter de Carpentier.

The website of The Amboyna Conspiracy Trial gives you a timeline with for each day the texts of the confessions made by the arrested suspects. Four exhibits give you a chance to deepen your knowledges about the two East India companies and the spice trade, the role of Japanese mercenaries, trials in Dutch and English law and the uses and role of torture, and the publicity about the trial. Adam Clulow wrote about the Japanese soldiers in his article ‘Unjust, cruel and barbarous proceedings : Japanese mercenaries and the Amboyna incident of 1623’. Itinerario 31 (2007) 15-34. More recently he published The Company and the Shogun: The Dutch Encounter with Tokugawa Japan (New York, 2014), reviewed for example by Martine van Ittersum for the Bijdragen en Mededelingen betreffende de Geschiedenis der Nederlanden / Low Countries Historical Review 130/4 (2015). Her main criticism is Clulow’s insufficient information about sources in Dutch and Japanese archives. When eventually news of the trial reached Europe, it sparked off a stream of publications. Just browsing the Knuttel, the famous catalogue of Dutch pamphlets shows you a substantial rise in the number of pamphlets issued in 1624 and 1625, but English pamphleteers were even more active. The website features in the “Archive” section only pamphlets in English. You will find in this section some twenty-five sources and a number of paintings and portraits.

Placcaet, Knuttel no. 3548 - image The Memory of the Netherlands

“Placcaet…”, an ordinance against the first pamphlet concerning the Amboina trial – Knuttel no. 3548 – copy Royal Library, The Hague – image: The Memory of the Netherlands

The presentation of sources for The Amboyna Conspiracy Trial should indeed alert you to what you see and read. For many documents a brief analysis of the text and impact is given, but not for all documents. Some items show just one page of a pamphlet or archival record. No pamphlet is presented here in its entirety. For documents in Dutch a partial translation is given, but no transcription. One of the pamphlets, Waerachtich verhael vande tijdinghen gecomen wt de Oost-Indien (…). Aengaende de conspiratie ontdeckt inde eylanden van Amboyna (Knuttel no. 3547), online at the portal The Memory of the Netherlands, originally printed in Gothic script (Knuttel no. 3546) was quickly translated into English as a part of the pamphlet A true relation of the unjust, cruell, and barbarous proceedings against the English at Amboyna in the East-Indies (London 1624; digital version at The Memory of the Netherlands). In its turn a Dutch translation appeared of this English reaction (Knuttel no. 3549, online version). The Amboyna project site does not mention nor contain the ordinance (plakkaat) of the Dutch General States forbidding in August 1624 the distribution of the first pamphlet because it would harm the relations between the Dutch and English East India companies [Placcaet… (The Hague 1624; Knuttel no. 3548, online version)]. Clearly this act did not work to suppress the news of the events in the East. Anyway thanks to the original contemporary translations it is substantially but not completely possible to rely on them.

The database The Early Modern Pamphlets Online for Dutch pamphlets and the German Flugschriften does still work despite an announcement about it being shut down on January 1, 2017. You can freely use this online catalogue, instead of going to the subscribers-only commercial version. The Hathi Trust Digital Library has digitized the catalogue of pamphlets held at the Dutch Royal Library [W.P.C. Knuttel (ed.), Catalogus van de pamfletten-verzameling berustende in de Koninklijke bibliotheek (9 vol., The Hague 1890-1920)], and you can use the search function of this version to search in its text.

The “citations” for the archival items and documents at the Amboina website are the titles of the items, with sometimes a very much abbreviated indication of the location and archive. For the colorful painting in the Museum Rumah Budaya in Banda Neira no indication is given when it was created. I can imagine this is exactly the question teachers or instructors want their students to solve. The image of the 1616 treaty with Banda above is marked “Contract with Banda, 3 May 1616”. Here, too, you might think it would spoil the things students have to do if I would give here more information about this source. I had expected a list with full references for all items in an appendix to the project, tucked away in the teachers’ corner. The start page of the digital project shows part of an engraving showing the torturers and their victims. In a corner of the image you can find a reference in small print giving the reference to this image from the collections of the Rijksmuseum (object no. RP-P-OB-68.279, cat. no. FMH 2328-7). The engraving was published in 1673, not nearly fifty years earlier.

Header TANAP Archives

However, when you start checking you will find several textual witnesses to this treaty, thus making it seem that the image of this treaty – or any other archival record – was taken at random among the registers and originals held at the Dutch Nationaal Archief. The TANAP portal is a great gateway to search for many aspects of the Dutch East India Company both in Dutch, British, Sri Lankan and Indonesian archives. In the combined inventories you will find at least three items with the 1616 contract. The important point is that these inventories do not provide you with digitized images, hence the usual need for good references for documents and images. I would almost leave it to you to search in the TANAP portal for the events at Ambon, but I feel rather certain one of the registers used is Nationaal Archief, inventory 1.04.2, no. 1080, because “VOC 1080” is often mentioned in the citations. Inventory 1.04.02 at the website of the Nationaal Archief contains more than 4 million scanned pages, but not for this register.

If you want mores images at your screen you can combine the riches of The Memory of the Netherlands with for example the portal Atlas of Mutual Heritage. The TANAP portal has a fine links selection, and the introduction to the history of the VOC by F.S. Gaastra is most substantial and supported by a fine bibliography. For more links you should visit the site of the VOC-Kenniscentrum. An important general source are the reports of the governors of Ambon, edited by G.J. Knaap, Memories van overgave van gouverneurs van Ambon in de zeventiende en achttiende eeuw (The Hague 1987), digitized by the Huygens Instituut, and you will no doubt be interested in the digitized resolutions of the Dutch Staten Generaal from 1575-1630.

The educational purpose of the trial website is very clear in the section Your Verdict. Six major questions are fired at you to help you to come to a balanced verdict about the trial. In my view it is one thing to ask these questions, and another thing to create real full access to relevant documents. However judicious the choice of selections, however wise the suggestions for analysis, you will learn from having at your disposal images of the complete documents, transcriptions and translations, with full references to track them again, and this holds true also for paintings and portraits. This lack of exact information mars the quality of this digital collection. The team has in mind to create similar projects around two other conspiracy trials, but now it seems at some turns that some basic information has been left out to create a smooth and convincing selection. Your judgment on these matters will also depend on your preference for a working educational project which stresses the importance of independent thinking and weighing of facts and views, certainly a major and important aim, or a preference to create a showcase for doing real historical research around a historical cause célèbre.

Amidst of all things surroundings this case it is instructive to see the shocked reaction at Batavia (Jakarta), since 1619 the VOC headquarter at Java, of the superiors of Isaacq de Bruijn, the Dutch advocate-fiscal, the senior officer leading the investigation at Ambon. We have to bear in mind that the position of the various members of the VOC united in a number of kamers (chambers) in Amsterdam, Rotterdam and other cities, and the Staten Generaal in The Hague was many thousand miles away. The interaction between the two circles, and even between Java and Ambon was not quick to say the least. It reminded me of a famous article by the late Cees Fasseur (1938-2016), ‘Een koloniale paradox. De Nederlandse expansie in de Indonesische archipel in het midden van de negentiende eeuw (1830-1870)’ [A colonial paradox. The Dutch expansion in the Indonesian archipelago in the mid-nineteenth century (1830-1870)], Tijdschrift voor Geschiedenis 92 (1979) 162-186. It is the model article in a student guide by P. de Buck for writing history papers and master theses, Zoeken en schrijven : handleiding bij het maken van een historisch werkstuk (first edition Haarlem 1982). It seems this configuration of powers and distances can be dated two centuries earlier.

Meanwhile in Holland

Is this only a Utrecht view of things? Let me at least bring you to a diary of someone from Utrecht who could in principle have had first hand knowledge. Aernout van Buchell (Buchelius) (1565-1641) from Utrecht has figured here a few times already. He was not only interested in history, but was also between 1619 and 1621 a member of the Amsterdam chamber of the Dutch East India Company as a delegate of the States of Utrecht. In 2011 Kees Smit made a transcription (PDF) of a manuscript by Van Buchell at the Nationaal Archief [1.11.01.01, Aanwinsten Eerste Afdeling, 256 (old 1882 A VI 8 2)]. It contains some drawings, including a map showing Ambon and a drawing of Fort Amboyna (f. 37v-38r). At f. 102v he wrote in May 1624: “Het jacht, dat den 4. januarii 1624 was van de stat Nieu Batavia ofte Jacatra uuyt Java geseilt, is in mayo gearriveert, brengende tijdinge dat drie schepen, wel geladen, veertien dagen ofte drie weecken, als men verhoopten, soude volgen, ende noch drie schepen bijcans toegerust lagen op de custen van Cormandel. Verhaelden meede van eene conspiratio bij eenige Engelsche ende inwoonders op Amboyna, meinende het casteel aldaer te veroveren. Maer waren gemelt, eenige gevangen, sommige gejusticeert, oeck Engelse. Waerover men seyt, dat den coninc van Groot-Britanniën qualic soude tevreden wesen, van sijne oorblasers opgeritzt. Alsofte men de quaetdoenders niet en behoorden te straffen! Ende die mosten in Engelant geremitteert worden.”

Van Buchell starts telling about the yacht arriving from Batavia on January 1624, and six more ships following within a number of weeks. From “Verhaelden” onwards he jotted down notes about the events at Ambon and his opinion, in my translation: “[They] told also about a conspiracy – note the Latin conspiratio, OV – of some Englishmen and inhabitants of Amboina who aimed at capturing the castle. But they were denounced, some captured, some judged, Englishmen too. As to this it was said the king of Great Britain would hardly be pleased, but – more likely – provoked by his advisors. As if these wrongdoers did not need to be punished! Most of them are being pardoned in England”. Alas these are is only notes about this affair, he does not mention it anymore. To me this one note is tantalizing for all the things Van Buchell does not mention, but it is in my view a superficial report showing his first impressions after hearing something about the fateful events at Ambon. He mentions Ambon sixty times in this diary.

Perhaps more telling are lines in an undated Latin poem Van Buchell wrote in his diary (f. 74r): Vidimus, Oceanus salsis quod circuit undis / Incola odoriferos ter ubi capit arbore fructus / Amboynae Batavus leges ubi condidit aequas / Fragrantes interque nuces collesque calentes / Bandanos domuit populos, gentique dolosae / Imposuit frenum Javae, regemque fateri / Compulit, aut victum se aut armis esse minorem (…). A quick translation of my hand: “We see how the Ocean goes around with salt waves where an inhabitant takes thrice a year wonderful smelling fruits from a tree, where the Batave has set equal laws for Amboina, and [where] there are perfumed nuts amidst the hot hills; he rules the peoples of Banda, and he imposed a rein on the treacherous people of Java, and he forced the king to yield, be it as conquered or smaller in arms (…)”. The combination of being sure about the qualities of you own laws and a conviction that peoples on these isles are treacherous, is potentially lethal. It is striking how often Van Buchell writes in this diary about the Protestant missionaries in the Moluccas. There is another VOC diary by Van Buchell yet to be explored [The Hague, Nationaal Archief, inventory 1.11.01.01, Aanwinsten Eerste Afdeling, no. 255 (old 1882 A VI 8 1)].

Now you might want me to leave out Van Buchell, but in fact it helped me to notice the most obvious gap of the trial website. It is rather strange to bother about the full texts, complete transcriptions and translations of documents, and to accept at face value the statements about the differences in criminal procedure in Dutch law and the common law. Instead of translating Van Buchell writing about an analysis by Hugo Grotius would be most welcome. You can consult his correspondence online at the eLaborate platform of the Huygens Instituut. However, Grotius does mention the Amboyna case in his letters only casually. In 1609 Grotius published Mare Liberum, and in 1625 De iure belli ac pacis. His Inleidinge tot de Hollandsche rechts-geleerdheid appeared only in 1631, but this book deals only with private law. Clulow mentions Grotius and the Amboina case in his 2014 study. In an earlier contribution about Grotius I provided ample information about the first editions, online versions and translations of his works. Simon van Leeuwen’s classic handbook for Roman-Dutch law, Paratitla iuris novissimi dat is een kort begrip van het Rooms-Hollands reght (..) appeared only in 1651.

While pondering the Amboina case and the project website I remembered another Utrecht view of things. My first steps in the fields of legal history were led by Marijke van de Vrugt at Utrecht, the author of a book about De criminele ordonnantie van 1570 (Zutphen 1978), a study about the ordinance for criminal procedure issued by Philips II of Spain. A few years later she contributed to the series Rechtshistorische cahiers the volume Aengaende Criminele Saken [About Criminal Matters] (Deventer 1982) about the history of criminal law, with a chapter about the 1570 ordinance, and also one about Antonius Matthaeus II (1601-1654), a famous law professor at Utrecht, author of De criminibus (first edition 1644). Van de Vrugt provided judiciously chosen relevant text fragments. She discussed in detail ch. 42 of the 1570 Criminal Ordinance and explains its fateful ambiguity due to unclear words about the exceptional use of torture. Matthaeus questioned the eagerness to use torture. Would it not be most natural to provide for both Dutch and common law more precise information when they clearly were crucial for the whole affair? Lack of space and consideration for the stamina of my readers are the practical reasons to leave out here a paragraph about the common law. Clulow mentioned in 2014 the Amboina case to compare it with a later case in Japan, and pointed for good reasons to Grotius. Alas incomplete understanding and investigating the pivotal role of legal matters for the Amboina case mars the trial website.

Some conclusions

Despite my remarks and misgivings about a number of aspect of the Amboyna digital collection I think we should salute it as a welcome addition to the materials available for educational purposes. It makes also a number of documents and images easy available for doing research about the Dutch and British East India companies. At the end of this post I wonder a bit what the input of the India Office Records has been. The absence of records from the British National Archives might cause a frown, too. Adding a full list of references for the documents, archival records and images in this digital collection would redeem a clear gap. The Amboina Conspiracy Trial makes you muse about current ideas about conspiracies and the role of one-sided or full information. It is an example of two laws clashing, Dutch civil law administered by officers of a commercial company granted sovereign powers and the common law. It is chilling to note how this example of quick action led to torture and judicial killings of people where other ways to approach the situation were open.

The Amboina trial website shows many aspects in a colourful way, but it lacks some crucial information about and attention to the very crux of the matters at stake. It would be relatively simple to provide some background about the Dutch law and the common law, instead of just a few sentences. It might seem evident to focus on the trial itself, but you will have to show even in an educational setting more of the background and relevant sources. Only for Isaacq de Bruijn, the infamous Dutch official, things seemed simple. Our world is complicated, and we had better face it. In my recent contribution about presidential libraries I mentioned the replica of the Situation Room. You will need access to all relevant information, time and wisdom to judge a situation correctly and act accordingly.

A postscript

Even this long post did lack at least something very important concerning Dutch law, the collection of ordinances and placards edited by Jacobus Anne van der Chijs, Nederlandsch-Indisch Plakaatboek 1602-1811 (17 vol., Batavia, 1885-1901), also available online completely at Sejarah Nusantara, a portal for seventeeth and eighteenth-century history created by the Arsip Nasional Republik Indonesia, with both browse and search functions.

Finding Suriname’s legal history

Storage of archival records ready for return to Suriname - image F. van Dijk, Nationaal Archief, The Hague

Storage of archival records ready for return to Suriname – photo by F. van Dijk, Nationaal Archief, The Hague

Dutch colonial history is a subject which since 1975 with the Surinam independence sometimes came into view and in other periods seemed to recede into the shadows of neglect and disinterest. The activities surrounding the remembrance of the abolition of slavery in Suriname have rekindled public attention for this subject in the Netherlands. Since many years the Dutch National Archives helps the Nationaal Archief Suriname (NAS) in Paramaribo in creating finding aids and preparing the transfer of archival collections from The Hague to Paramaribo.

Apart from actions for the physical records of these collections, such as restoration and much more, digitization is one of the approaches to make them more accessible both for the people of Suriname and for everyone interested in their history. This week a tweet by the search platform Ga het NA – best translated as “Check it at the NA” – of the Nationaal Archief (@gahetNA) alerted to the online availability of 3,5 million scans, substantial results which merit attention. However, since much information on the websites of these two national archives is only given in Dutch I will provide here a concise guide to a number of the materials which touch aspects of Suriname’s legal history. The translation tools of the famous Grand Omnipresent Web Firm can redeem to some extent the problem of languages, but some guidance is helpful.

My interest in these digital archives grows steadily this month because I have at last added a page about digital archives in the digital corner of my legal history website Rechtshistorie. Adding the collections concerning Suriname certainly fills a gap. Instead of preparing this new page in silence and deploring its incompleteness I might as well invite you to look at it, and contribute your own constructive suggestions.

A tale of archives

Logo Nationaal Archief Suriname

In the forty years of Suriname’s independence much had to be done to provide the new nation with a proper national archive. Dutch support was certainly helpful, but not always completely welcome. The history of Suriname is documented in many archival collections at the Dutch Nationaal Archief, not only in those strictly dealing with parts of the Dutch colonial empire. A start at this more general level can illustrate this rapidly. At Ga het NA you can use 115 online indexes. An alphabetical overview of them takes three web pages. The first page contains for example a guide for Ghana, a country connected to Latin America by the slave trade. At the second page you should not only look for Suriname, but also for the West-Indies, in particular an index for pensions of civil officers. The third page continues with more indexes concerning Suriname and three indexes dealing with the Dutch West-Indian Company, one for the registration of investments at its Amsterdam branch (Kamer van Amsterdam) and two concerning the Dutch period in Brazil.

Logo Ga het NA - Dutch Nationaal Archief, The Hague

In the absence of a good site map at Ga het NA I have to refer you to the Dutch version of the fine research guide for Surinam history. You will quickly understand that politie stands for the police force, notarieel refers to matters dealt with by notaries, and the gouverneurs are the governors. The Raad van Justitie (1671, 1718-1828) and its successor, the Hof van Civiele en Criminele Justitie, were the main judicial courts. The Hof van Politie en Criminele Justitie (1684-1828) was another important court dealing with cases concerning public order and criminal offenses. The Rechtbank van Kleine Zaken was a minor court dealing with smaller cases. The Militaire Gerechtshof was the military court. The section for maps (kaarten) is also generous. Maps in the archival collection of the Topografische Dienst, the Dutch National Cartographic Service, have been digitized, as is the case for the collections Buitenland Kaarten Leupe and Leupe Supplement. The guide gives you also a succinct bibliography and some links to other websites. It would be most helpful to see immediately in such overviews where online scans are available, because this is exactly what many people today will foremost check for at any website. In a post about 200 years Dutch cadastral office I mention more collections with maps concerning Dutch colonial history.

Here the NAS scores clearly with a section simply called Archieven online. This overview contains currently 35 archival collections. The largest digitized collection with some 590,000 scans has been created by the secretaries of the government between 1722 and 1828, with some materials even dating from 1684 (Gouvernementssecretarie van de Kolonie Suriname, finding aid 1.05.10.1). Here you will find in particular some registers with plakkaten, ordinances (nos. 612 (1684-1782), 742 (an alphabetical index, 1781-1829), 788 (after 1796-1827)). Finding aid 1.05.11.14, Oud Notarieel Archief is the second largest collection with online scans. You can access here nearly half a million scans of notarial registers written between 1699 and 1828. The nos. 758-768 for the period 1707-1803 are registers of letters of exchange and other documents concerning trade, in particular maritime trade. Register 911 comes from John Martyn, “public notary residing at Paramaribo” between 1809 and 1814, during the period of English rule over Suriname. When you want to approach Suriname’s legal history from a comparative perspective such sources are invaluable.

First page of the 1839 dossiers of the Miiltiary Coirt, 1839

The only digitized surviving case record of the military court of Suriname, 1839 – NAS/NA, 1.05.11.5, no. 1, fol. 1r

For a combined civil and criminal court in Suriname, you can find digitized archival records in finding aid 1.05.11.13, Hof van Civiele en Criminele Justitie (1828-1832; 2,100 scans). For the same period there are scans of records from the Commissie tot de Kleine Zaken, a court for minor offences (finding aid 1.05.11.4; 533 scans). The collection for its forerunner with almost the same name, College van Commissarissen voor Kleine Zaken in Suriname (1740-1828) (finding aid 1.05.10.05) contains some 133,000 scans. The digitized records of the military court (Militair Gerechtshof) boil down to scans of a single case heard in 1839 (1.05.11.5). Among the 35 digitized collections I would like to point also to the Gecombineerde Weeskamer (1788-1828) (1.05.11.12; nearly 68,000 scans), an institution which dealt not only with orphans, but also with custody cases and belongings (boedels). A major addition to our knowledge of Jews in Latin America are the digitized records of the Portugees-Israëlitische Gemeente (1678-1909). Finding aid 1.05.11.18 gives you some 155,000 scans. You will find among the notarial registers mentioned above some volumes written by jewish jurators. By the way, the scans are currently hosted on a server of the Dutch National Archives. The faded quality of the case record shown here is a useful reminder how much work it takes to preserve and restore to useable conditions of records which survived tropical conditions and will return to a country near the equator.

Banner The Dutch in the Caribbean World

The NAS adds a generous links selection (in Dutch). Hopefully versions in Papiamentu (Sranantongo), English and Spanish will soon be added, following the example of the recently launched Dutch Caribbean Digital Platform, created by the Dutch Royal Library, the University of Curaçao and Leiden University. Its Dutch Caribbean Heritage Collections contains a few digitized books concerning law and government. Let’s not forget the general overview of archival collections held by the NAS. You can trace some 1,100 documents for Suriname and read transcriptions of legislative text using the portal The Dutch in the Caribbean World, c. 1670-c.1870 of the Huygens Instituut, recently moved to Amsterdam.

Even this concise introduction to a few highlights taken from a huge number of digital scans should convince you that the two national archives can be proud of their efforts to digitize, preserve and disclose priceless records of a country and a people. Suriname’s present condition is not at all good, but nevertheless it will hopefully help to have both physical and virtual access to records from another period where law and justice did not always reign supreme. Luckily having the originals back in Suriname goes together with creating worldwide access.

A postscript

In January 2017 started also a crowdfunding project to create online access to the slave registers of Suriname.

Looking at Cuba’s legal history

With the death of Fidel Castro (1926-2016) an era of revolutionary turmoil ends and a period preluding to a transition seems to begin for Cuba. All over the world the events that made Castro a legendary figure, both idolized and hated, will be brought back into view by the media. In this post I would like to look succinctly at some elements of Cuba’s legal history. My overview is coloured by the sometimes random presence of digital collections, but nevertheless it seems useful to bring them together. As a matter of fact I did not search these collections only in the wake of today’s headlines. You can find my selection of relevant digital libraries for both North and South America on my web page with digital libraries which deal with or concern exclusively law and justice. Lately I discussed here Lara Putnam’s article about the dangers of relying too much on digital resources. I hoped to have steered away of some of the pitfalls she indicates, but there is here ample attention for digital resources.

Law and justice in Cuba

Header dLOC

When looking at Cuba it is perhaps most fitting to look at this island first of all from a Caribbean perspective. The Digital Library of the Caribbean (dLOC) is a portal created by an international consortium of research libraries. One country gets special attention at dLOC, Haiti. The section for law at dLOC contains more legal materials about and from Cuba than for any other country, some 6,000 items. A search for Cuba as a subject in the DLOC yields nearly four thousand items. You can approach dLOC in three languages. dLOC contains for example the Diario de sesiones del Congreso de la Republica de Cuba from 1902 to 1957. Among the contributing institutions of the dLOC is another digital portal, Manioc, which focuses on former French colonies in the Caribbean. Luckily this portal has an interface in four languages. With only some thirty digitized historical printed books concerning Cuban law and history the harvest here might seem at first insignificant, but the significance is more to be aware of the melting pot of languages in the Caribbean, with not just Spanish, English or Dutch as European influences. A more general search for Cuba at Manioc brings you nearly 2,300 results. dLOC has a special section for nineteenth-century Cuban imprints. The Braga Brothers Collection at dLOC deals with the history of the Cuban sugar industry.

At dLOC the revolutionary period of Cuba comes in particular into view with the digital collection of Mexican and Cuban film posters. There is also a virtual exhibit of these posters.In opposition to them stands the collection of digitized Cuban exile newspapers produced in Florida. The film posters can be supplemented by the well-known Latin America Pamphlet Coillection of Harvard University. For pamphlets the Latin American Pamphlets Digital Collection of Harvard’s Widener Library is a starting point. The Digital Archive of Latin American and Caribbean Ephemera of Princeton University contains some 900 items concerning Cuba.

logo-bdpiCuba figures, too, at the portal of the Biblioteca Digital del Patrimonio Iberoamericano. This portal is the fruit of cooperation between a number of Latin American national libraries, among them the Biblioteca Nacional José Martí at Havana. I mention the portal especially because it offers you access with a trilingual interface. The digital library of the Cuban national library can only be viewed in Spanish. At the portal you will find for Cuba mainly digitized literary works. You will find the database for the national bibliography useful. Let’s not forget to mention the Archivo Nacional de la República de Cuba and the Instituto de Historia de Cuba.

Header Civil Code (1800-1923) - FIU Law

A starting point for looking at Cuba’s legal history might be the digital collection Civil Codes (1800-1923) in the eCollections of Florida International University Law Library in Miami. You can find here the Cuban Código Civil of 1889 and a second edition from 1919. Interestingly this digital collection contains also nineteenth-century codes of civil law from Marocco, Spain, Portugal, Japan and the Netherlands, the last in a French translation [Code civil néerlandais, P.H. Haanebrink (trad.) (Brussels 1921)]. The FIU Law Library has also created a digital collection for Cuban law before 1961, and in the Mario Diaz Cruz Collection you will find materials collected by a prominent Cuban lawyer. Comparisons between the law in sixteen Caribbean countries are possible thanks to FIU’s digital collection Caribbean Law and Jurisprudence with acts, ordinances and case law reports. The Red des Archivos Diplomáticos Iberoamericanos has a section with the main juridical documents from Cuba between 1904 and 1934 and a link to the Cuban Guia de Tratados, alas as for now without any treaty.

Latin American perspectives

Yet another example of a digital collection which covers Latin America is the Spanish America Collection at the Internet Archive, created by the John Carter Brown University Library, Brown University, Providence, RI. This library has not just digitized some 3,700 works but also very sensibly divided them into smaller collections, among them one for Cuba. Just 35 books might look a meagre result, but among these books are for example Ignacio José Urrutia y Montoya, Teatro histórico, juridico, y politico-militar, de la Isla Fernandína de Cuba, principalmente de su capital La Havana (Havana 1789) and the treatise Instituciones de derecho real de Castilla y de Indias by José Maria Alvarez (2 vol., Habana 1834). The John Carter Brown Library provides also an important visual collection, the Archive of Early American Images. Among the general digital resources for the history of Latin America I would like to mention also the Early Americas Digital Archive, University of Maryland.

The largest quantity of digital collections concerning Cuban history and culture has been created by the Merrick Libraries, University of Miami. The Cuban Heritage Collection with over fiftysub collections covers many subjects. This set of collections is clearly also the core of the Cuban collections at dLOC. It is a matter of choice to look here at them from specific angles or to approach them from a Caribbean perspective at dLOC.

It is possible to pursue many avenues and to spend much time in finding more information. Just two weeks ago Mike Widener (Lillian Goldman Law Library, Yale University) wrote about some recently acquired books about Cuban law. Speaking of blogs you might as well go straight for In Custodia Legis, the blog of the Law Library at the Library of Congress. You will find much of interest in the seventeen contributions touching Cuba. For Latin American constitutions you can choose at will from several portals dealing with constitutions all over the world. At my website I mention most of them, but you might want to have here the direct link to the main portal for Latin America, Constituciones Hispanoamericanas, part of the Biblioteca Virtual Miguel de Cervantes.

Perhaps more closer to the actual situation at Cuba is the Presidio Modelo, a former prison built between 1926 and 1931 following the panopticon model advocated by Jeremy Bentham. The prison was in use until 1961 and is now a museum. You cannot help thinking that a panopticon model would have suited a particular kind of regime. Fidel Castro himself once was a prisoner here. Anyway, many people were forced to leave or choose to leave Cuba. Duke University has made a digital collection on Caribbean Sea Migration between 1956 and 1996 in which you can find apart from Cuba also Haiti and the Dominican Republic. At Habana Patrimonial, a portal to Cuban heritage, only the links to museums seems to be functioning.

Whatever the future might bring for the Cuban people, Cuba and Castro formed an inseparable unit. To the alliteration of these words many will add the name of Kennedy. The Cuban missile crisis of 1962 is the subject of a virtual exhibition created by the John F. Kennedy Presidential Library and Museum in Boston. It is easy to focus on the clash between Cuba and the United States in the second half of the twentieth century, and therefore it seems just to remember here also at least briefly the story of the Amistad. Tulane University has created Slavery and the U.S. Supreme Court: The Amistad Case, a digital collection about the story of a ship with 53 Africans faced with the threat to become slaves. Their voyage to New York started on June 28, 1839 in Havana. Tulane University has also created a digital collection with some 1,800 early photographs of Latin America. For a much wider panorama of Latin American legal history you should not miss Global Perspectives on Legal History, the book series both in print and online in open access of the Max-Planck-Institute for European Legal History at Frankfurt am Main. This institute runs several projects on legal history and Latin America.

You might be tempted to think my tour of websites could go on forever! Those who visit my blog more often are used to see contributions with many web links. I provide them for your use, not to chase you away from my blog, but to bring you to resources which are sometimes difficult to find or easily overlooked. Please use these links, it is a pleasure to share them with you, and hopefully they help you to gain insights into Cuba’s (legal) history and culture.

A postscript

Of course more blogs bring posts and comments about Cuban history and Fidel Castro. Here a selection:

-Cindy Hermus, The Cuban Revolution and me, Age of Revolutions – July 4, 2016
-Michelle Chase, Reading List: Cuba, Age of Revolutions – July 7, 2016

One post is always too short to mention everything, but the presence of Cuban legal materials at LLMC Digital merits attention for those able to use them at subscribing institutions. A search at the World Legal Information Institute yields results from 1758 onwards with cases in English reports. The Latin American Interests Group of the FCIl-SIS, a branch of the American Association of Law Libraries, is working on a new online Guide to Legal Research on Cuba. Meanwhile the guide to current Cuban law with lots of links offered by the Law Library of Congress should satisfy many needs. At Globalex Yasmin Morais is responsible for the guide on contemporary Cuban law.

In my hunt for relevant digital resources I forgot to look for a relevant edition of the well-known Guía del investigador americanista, a feature of the online journal Nuevo Mundo/Nuevos Mundos. Early in 2016 Vanessa Oliveira and Xavier Calmettes published their fine and nicely illustrated Guide du chercheur américaniste : Enquête de terrain et travail de recherche à Cuba.