Tag Archives: Slavery

Deciphering letters about slavery and abolition

Start screen Anti-Slavery Manuscripts

Easy access has become a byword not only for creating online versions of sources, but also for transcribing important source collections as part of efforts to bring them literally better into view for both scholars and the general public. The participants of transcribing and indexing projects certainly stand out from the crowd. Recently Boston Public Library partnered with the Zooniverse crowdsourcing program for a project concerning nineteenth-century letters about abolition and slavery. The Anti-Slavery Manuscripts was launched on January 23, 2018. The collection contains some 40,000 pieces from the 1830’s to the late 1860’s, after the Civil War, with at its heart documents and letters donated by the family of William Lloyd Garrison. Some 12,000 items in the collection have been digitized at Digital Commonwealth, the digital platform for cultural heritage collections in Massachusetts. Nearly 2,200 images have been selected for the first phase of this project. One of the themes in this collection is the role of women in the struggle for abolition. Deciphering these resources can at times be difficult, and it seems right to look here also at palaeography in the United States.

In my discussion of the project for these manucsripts I will look also at other crowdsourcing transcription projects. My search for American palaeography was not as straightforward as you might expect.

A community around abolition

At the start I want to stress the fact this project of Boston Public Library and Zooniverse runs smoothly. Almost four thousand volunteers have registered to transcribe letters, and the progress is good. You can follow the project on a special blog of the Boston Public Library. Besides the letters in the collection there are also pamphlets, broadsides, newspapers, books and realia. If the letters show us a more intimate side of the abolitionist movement, the newspaper The Liberator (1831-1866) founded by William Lloyd Garrison might aptly be named the motor and public actor of the movement. Interestingly, in her blog post about the history of The LIberator Kelsey Gustin draws attention to the changes in the masthead of this weekly published newspaper. These images depict not only black and white people, but also use art to convey at least a part of the inspiration behind the movement.

Only issues for the years 1831-1842 and 1861-1862 of The Liberator have been digitized at Digital Commonwealth. You can find information about more complete versions of this Boston newspaper in licensed digital collections in the online database of the International Coalition On Newspapers (ICON), hosted by the Center for Research Libraries, Chicago. There are complete digitized runs in open access at Fair Use and The Liberator Files.

The collection at Boston Public Library contains materials from several abolitionist societies, among them the Female Anti-Slavery Society. Unity about opposition to slavery did not take away the very issue of the participation of women and women’s rights in general, and thus these matters, too, appear in the letters. The correspondence preserved here came from both the United States and the United Kingdom.

Transcribing the letters

Work screen of the Anti-Slavery Manuscripts

Work screen of the Anti-Slavery Manuscripts

The 12,000 letters to be transcribed will be released in five sets, mostly in chronological order. There is a rather important blog post by Samantha Blickhan (IMLS) on the divisions of the fivesets and decisions to exclude a number of letters. Some of them have already been published in critical editions, in particular those of William Lloyd Garrison and Charles Sumner. In one case, the Ziba B. Oakes Papers, brings a series of letters by a slave trader. The first set now visible contains the oldest letters from 1800 to 1839.

You have to register in order to participate in the project, but anyway when you click on Transcribe in the menu bar you will view the tutorial explaining the way you enter your results. On the right there is a toolbar for navigation. In the top left corner you can enlarge or scale down the image, or go to other pages of a document. The Field Guide gives practical guidance to decipher letter forms and other elements of writing, and instructions to present such elements consistently and correctly in your transcription. After finishing a piece or when you have questions you might want to visit the forum at Talk for news, frequently asked questions, and for discussions about matters presented by the participants. Zooniverse Team member @GrifftinTranscribes answers questions as a specialist in nineteenth-century handwriting.

Screen shot Field Guide

When you notice you can open the Tutorial whenever you click on Transcribe in the menu bar or using the button to the left of the images, you would expect the same navigation for the Field Guide. In fact both elements become visible as pop-up-only screens. I was not able to detect their exact web addresses.Screenshot explanation on abbreviations

The Field Guides deals with fourteen subjects. The team behind the Anti-Slavery Manuscripts takes no risks and instructs participants explicitly to leave abbreviations as they are found in the letters. For further information they point to a web page of the National Archives and Records Administration for their projects under its Citizen Archivists umbrella. However helpful in many ways, this page does not contain every element of a full-grown palaeographical manual. When you visit the History Hub, a support community concerning American history managed by the NARA, you will encounter in the user forums a lot of very useful communities, including one for legislative records, but on this platform questions about handwriting have not yet been given a corner of its own.

An endearing and lively blog post about the Anti-Slavery Manuscripts has been written by Lisa Gilbert, an instructor who reports on the experience of 8th graders (13 tot 14 years old) who tried to read a letter from the collection in Boston. Line after line they struggled to understand the text. The struggle helped the teenagers to get an idea of what it meant to fight for abolition or for any political idea. Awareness of the fact how many questions you can ask from a single document was another thing becoming clear.

The uses of palaeography

If historians had read documents exclusively by fighting their way through original documents, instead of learning how to deal with all kind of scripts, not just from one century or in a single document genre, little could have been accomplished. The study of old scripts and their context is one of the earliest historical auxiliary sciences. Manuals and guides, including classic books on forms of abbreviations, exist in fair numbers. Since February 2017 I have tried to find online tutorials for palaeography and to create a commented overview of them on my legal history website Rechtshistorie. Sometimes it took quite an effort to find a tutorial or at least a digital version of a recent guide, in other cases it was almost a question of choosing the best. One of the things I spotted was a division in the United States and the United Kingdom between manuals aiming at reading genealogical records, and tutorials dealing with other historical records. The United Kingdom is well served with a large number of tutorials for dealing with either manuscripts or archival records, with also at least three websites for Scottish resources, but there seem to be few online tutorials for American palaeography.

You will find sources in American history written in many languages, and certainly not only European. For Southern states you must reckon with Spanish and French resources. The difficulty to read Dutch script from the Early Modern period in archival sources concerning New York has been the subject here of a post in 2015 about the transcriptions and editions of these invaluable materials. For the history of Pennsylvania sources written in German are important. It can be most useful to rely on palaeographical guidance for Early Modern records in these languages, even when they deal more specifically with records written or still held in Spain, France, Germany or the Low Countries. It can be wise to look at resources for Canada, too, but in fact my harvest for Canada is until now distinctly meagre.

Let’s look at these online resources aiming specifically at the United States and Canada. For Canadian history I have not yet found a resource which deserves to be recognized as a tutorial. The only resource I found for Canada after repeated searches is a contribution by Leah Grandy for Early Canadiana, aptly called ‘Skills for historians of the future: palaeography’, and her two posts on palaeography (here the second) at the blog of The Loyalist Collection, University of New Brunswick. There is a Study Guide Colonial Handwriting, created in connection with the Indian Converts Digital Collection, Reed College, Portland, Oregon. The study guide accompanies a digitized version of a 1727 book on Indian converts. You can test your knowledge of Early Modern handwriting with an online tool of Reed College, Early American Handwriting. DoHistory has created How to read 18th century British handwriting, a companion to Martha Ballard’s diary for the years 1785-1812 [Augusta, ME, Maine State Library, ms. B B 189]. The State Archives of North Carolina in Raleigh have published three consecutive blog posts, What Does That Say? Deciphering the handwritten records of Early America. The posts present colonial documents. They provide also a bibliography and links to digitized works. Perhaps the most surprising tutorial comes from the Smithsonian Institution. Reading Colonial Handwriting is part of the section Just for Kids! of the virtual exhibition Out of the mails created by the National Postal Museum in Washington, D.C. Two of the manuals mentioned in this paragraph deal only with eighteenth-century documents. To say the least, American history covers by all means a much longer period.

The need for an online tutorial for American palaeography was the subject of a short blog post by Ricc Ferrante on the blog of the Smithsonian Institution Archives, ‘Is there a place for palaeography in the archives?’ (January 23, 2018), incidentally also the day the Boston Public Library launched its project. The Smithsonian Institution Archives deal with the history of this research organization with many branches. The SI Archives support also the Smithsonian Digital Volunteers and its transcription center. It provides general tips for transcribing, and also more specific instructions for transcribing historical documents, and eight other sets of guidelines, for example for transcribing the papers of the Freedmen’s Bureau which dealt with abandoned properties after 1865 in the aftermath of the Civil War. Just as the NARA for Citizen Archivists the Smithsonian Institution provides substantial transcription guidance. Explaining such rules is definitely important, but they do not substitute palaeographical guidance.

Ferrante did not find quickly an online palaeographical manual for American documents, and thus he choose some of the websites mentioned in the fine overview in the Folgerpedia of online resources for English palaeography. The quality of this overview is excellent, but it can suggest no online tutorials for American handwriting exist. Ferrante started his search for an online manual when he tried to read a handwritten journal from the mid-1840’s. He signals also the difficulty to read old cursive scripts for those who have not received any instruction in cursive writing, and he hesitantly admits a place for palaeography for historical periods after the Middle Ages.

The development of palaeography as an auxiliary historical science started mainly for dealing with medieval documents and manuscripts, but it widened its territory soon. Historians can choose to study only printed – or typed – resources, especially for modern history. However, we know how important it is to use letters and diaries, drawings, poems and daily notes – scribbled or in capitals – from the Civil War, First World War, the Depression Era, the New Deal or the Second World War.  These sources help to give us vivid details in order to understand these periods better or to raise questions about our understanding and views. In official records, too, we can encounter handwritten elements. In my training as a historian following courses in palaeography was optional. I still remember the collective sigh of satisfaction after our first lessons, because getting the skills to read them felt immensely practical.

The absence of online tutorials covering several periods of American history does not mean nothing can be done. In particular the series Script Tutorials of the Brigham Young University helps you reading texts in seven languages, but the focus is clearly on genealogical records. However, at some point you will want to consult other resources genres, too. Tax registers and military records contain valuable information about your ancestors, and it would be a pity if you are unable to read them by lack of some necessary skills which can be taught and learned without too much effort. Apart from universities archives often offer courses.

Zooniverse has several projects concerning or touching American history, for example on African-American Civil War soldiers, and The American Soldier about the aftermath of the Second World War. Projects on the League of Nations in the digital age and concerning coded information during the Civil War are currently paused. For these telegrams you can benefit from a blog post with the title ‘Now I Know My (19th-Century) ABCs’ by Mario Einaudi (Huntington Library). Of course other crowd transcription projects exist. A cursory look at the overview of such projects provided by the American Historical Association should suffice you of their widespread occurrence.

I could find little about palaeography on the website of the AHA and the Society of American Archivists (SAA). The useful and concise AHA Guide to Archival Research has a short paragraph about the need for palaeographical skills, with some lines worth quoting: “Get ready to read script. Do not be surprised when 15th-century documents are not typed”. This piece of advice is found typically in the section on research abroad, but you will read older scripts already when dealing with the colonial period. The fact this guide is also downloadable with the title Research Trip Tips is telling. Skills and competence in dealing with unfamiliar scripts is only implicitly reckoned among the capability to interpret historical records in the 2005 AHA report about essential skills for the MA in history degree. The SAA certainly brings into view the variety of skills archivists do need today.

When you search at the website of the SAA and in The American Archivist (AA) you will find palaeography in many cases associated with medieval and European sources, but you might want to read articles such as Laetitia Yeandle, ‘The evolution of American handwriting in the English-speaking colonies’, AA 43 (1980) 294-311, and Alfred E. Lemmon, ‘The archival legacy of Spanish Louisiana colonial records’, AA 55 (1992) 142-155. Laura Schmidt’s fine guide Using Archives: A guide to effective research – also downloadable (PDF) – mentions reading skills in particular in a paragraph about scheduling time for the unexpected. Sometimes my memory comes back of a visit to an archive more than thirty years ago where I found myself dumbfounded by a document in front of me. I was unable to even start an attempt to decipher it. Online tutorials and many digital collections with archival records can provide you with the same shock which should make you think and reconsider your abilities.

In 2016 The Junto: A group blog on Early American History, an initiative of young historians, brought Archives around the Atlantic, a series of contributions on doing research archives and libraries in Spain, France, the United Kingdom and the United States. Reading skills figure in some of the posts, but seldom as a central or essential skill. The Dutch period of the East Coast has been completely overlooked in this series. Sometimes there is a hint to use the library of an archive to consult relevant literature and manuals. I would agree in principle that you should acquire knowledge of the nation’s palaeography you will encounter probably most times in your particular field of Early American history, but there will be moment when you have to cross linguistic and palaeographical borders. Some areas changed from Spanish into French possession. For Canada you will need both French and English palaeography.

American palaeography, a distinct field

In this post we made a journey from a very particular subject, sources concerning the abolition movement, to sources for American history more generally. Perhaps trained historians are those who generally will less often need online tutorials in their professional life, but others do not benefit from their head start. Relying solely on palaeography from one country ignores the fact migrants to the United States came from many countries, and not only in those states known during the first half of the nineteenth century as The Territories. If people increasingly do not any longer learn cursive writing, any form of training to read cursive scripts. It is paradoxical to create exhaustive transcription guides to ensure enhanced fidelity for editions, and at the same time to assume everything is readable without preparation or instructions. The need for a distinct palaeographical approach of the nineteenth and twentieth centuries will steadily grow.

In my opinion Zooniverse is in the position to help creating rather quickly a basic palaeographical manual for American history using both the Field Guide of the Anti-Slavery Manuscripts and the blog post of Mario Einaudi created for Decoding the Civil War. If they consider themselves unable to achieve this, a partnership with the Smithsonian Institution’s transcription center is one of the logical directions to take. Surely one or more a state archives, university libraries or major research libraries such as the BPL, the Newberry Library in Chicago or the Huntington Library are capable of combining forces to create it, and perhaps add materials for advanced needs. It will help not only the volunteers in transcription projects, but anyone interested in American history and able to view the massive digital collections with images of American handwritten documents. Of course there are classic printed guides such as Kip Sperry’s Reading Early American handwriting (Baltimore, MD, 1998) and Harriet Stryker-Rodda, Understanding colonial handwriting (Baltimore, MD, 1986), but there is room for online manuals, too.

Doing history calls for many skills. When you cannot readily start deciphering written records because you do not have reading skills, you are unable to interpret them and use them in your research. Others might help you to read archival records in some cases, but not always. Palaeographical skills can be decisive for the success of your visit to a local archive or to an archive which you can only reach after a voyage. Let reading skills accompany your historical voyages, be they virtual travels at your computer screen, reading books with images of written documents and manuscripts or visiting archives to use historical records!

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Suriname’s slavery registers unbound

Start screen slavery regisyers, Nationaal Archief, Suriname

On July 1, 1863 slavery was officially abolished in Suriname. A ten-year transitional period followed during which former slave owners received a monetary compensation for each former slave. Since many years people originally coming from Suriname celebrate in The Netherlands on July 1 the feast of Keti Koti, “The Breaking of the Chains”. It is only fitting that last week the digital version of slave registers kept between 1830 and 1863, now hold by the Nationaal Archief of Suriname (NAS) in Paramaribo, was launched by a number of institutions led by Coen van Galen at the Radboud Universiteit Nijmegen and Maurits Hassankhan at the Anton de Kom Universiteit van Suriname, with support from the Dutch National Archives in The Hague.

Last year I reported here on the project to move a number of archival collections concerning the history of Suriname from the Dutch Nationaal Archief to the NAS, and to digitize also a number of these collections. Collections with relevancy to legal history figure large among them. The digitization of the slavery registers is a key element completing the efforts for digital access and conservation, indexing the registers and making them much more accessible for researchers and the general public worldwide. In this post I will look at these registers and their online presence.

A crowdsourcing project

Logo crowdsourcing project "Maak de Surinaamse slavenregisters openbaar"In January 2017 the project for indexation and digitization of these slavery registers started, just after the transfer of important archival collections from The Hague to Paramaribo. A campaign with the slogan Maak de Surinaamse slavenregister openbaar, “Make the Surinam slavery registers public”, proved effective. Some 600 people donated money for the project, and some 400 volunteers helped indexing the registers. To put the record straight, anyone could and can come to these archives to gain access to the original volumes, provided their material state is not too fragile. It is safe to assume that you need to come with good arguments to touch them now they can be consulted online. The Dutch National Archives did already provide public access. The operation to bring archival collections back to Suriname created a more urgent need for conservation and digitization.

The digitized registers now in Paramaribo [NAS, toegang (finding aid) 16, inv.nrs. 1-43] can be accessed using an index form shown above. On purpose the NAS has not placed these registers among its forty digitized archival collections. The Dutch National Archives provide also online access to the slavery registers among its ever-growing set of online indexes. You can download the index in its entirety (4,2 MB, zipped file). At this point something becomes clear when you look at the URL of this file, a web address in The Netherlands at the search portal Ga het NA of the Nationaal Archief in The Hague. The search form of this digital resource at both archives is almost, but not completely identical.

Accessing the slavery registers

Logo Dutch Nationaal Archief, The Hague

You can use either a simple search form (Eenvoudig zoeken) with three fields, one for a free text search and two fields for setting a period, or go to Uitgebreid (Advanced search) with more fields. In the second mode there are additional fields from the slave name, the name of the mother, and the name of the slave owner. You can click on the search results in order to get both the information on a person, including also gender, references to the registers and the type of register – with its inventory and page number – and an image of the page in question. It is possible to zoom in at will to any image. Each scan has an individual URL, a URL from my country when viewing individual results, meaning there is one single database behind the two versions. By clicking on the field name in the results you can change their order. You will find either the names of owners or the name of the plantation and its location.

NAS, series 16, no. 34, fol. 2667

It is not my purpose to single out here any defects and omissions, but a few things are very visible. First of all the version hosted in The Hague contains additional information which is not or not yet provided at the website of the NAS. The section Achtergrond (Background) informs you about the information given in the search fields, with a second page about slavery in Suriname and the introduction of slavery registers and their survival. There are important losses, not in the least some registers of slaves owned by the Dutch colonial government. In the registers mutations such as birth and death, acquisitions and sales should be written down. A third page on Gebruik (Use) contains instruction on the use of the indexes and the interpretation of results, and also a handy list of common abbreviations in the registers. The other pages contain a colophon about the project and the user license (CC-BY-SA 3.0 NL).

A second thing to note is the incomplete translations in the English version of the search form. Even the simple search form has not yet been translated completely. The field names in the results screen have not been translated. A much sillier thing becomes also visible: In cases where there is no gender information, the volunteers entered the word Leeg (Empty). I suppose there are more concise and effective ways to convey the fact that no data have been entered in a particular field.

Viewing the context

Using to a large extent at this moment only Dutch for this project is not a particular lucky thing, and you can even extend this to the project website. Translations in languages such as English and Sranantongo are not just welcome, they are simply needed to really open this resource to people worldwide with interest in Caribbean history, the history of slavery or Dutch colonial history. For any project on Dutch colonial history in the East Indies contemplating translations into English and/or Bahasa Indonesia is luckily a natural thing. The project team states flatly these registers are a worldwide unique resource, the only series of its kind. On the project website some further, rather important explanations about the actual state of the slavery registers are offered. It appears no general index to the series existed. Some registers could be consulted on microfiches, but without one or more indexes searching would mean wandering in a jungle without much hope for any results. The thing to note here is that only in 2017 the need for an index was perceived as sufficiently urgent to start a project to deal with this sorry situation. Earlier on having only severely hampered access seems not to have led to constructive action. Van Galen and Hassankhan rightly stress the importance of the slavery registers for not only genealogical research, but as a key resource to connect with the manumission registers, neighbourhood registers of the city Paramaribo and other sources for Suriname’s history during the nineteenth century. The historic context and the slavery registers can enrich the information contained in them in both directions.

Surely we need to thank Coen van Galen and Maurits Hassankhan and the army of volunteers who succeeded in getting their tasks completed in time. Van Galen and Hassankhan provide on the project website a very useful page with four PDF’s with information that should immediately be included on the websites of  both versions of the online index. The project leaders provide a list with the names of plantations and other Dutch posts in 1834 (530 kB), a list with the names of free people in Paramaribo in 1846 (2,2 MB), both created by Huub van Helvoort, a list with first names of enslaved people on a number of plantations (70 kB), and even a list of letter forms, letter combinations and some Dutch words in nineteenth-century Dutch script (650 kB). It is good to see some basic historical skills are not forgotten! However, to my disbelief I did not find on the project website the URL of the index, not even after a few days… The slogan Open the slavery registers seems to have been at least temporarily forgotten by the web team. More down to earth, the current summer heat in my country, the gulf of enthusiasm about the launch, and the very end of the academic year created perfect excuses for forgetting to open literally the doors to the final results of the project also at the project website. The absence of news items from June and July 2018 is another indication for the sleeping state of the project website.

Such omissions and minor problems can be fixed quickly. I would urge anyone involved with this project to proceed as soon as possible with distributing lacking information to both versions and completing the translations. This succesful project well deserves this last effort to remove the barriers and chains which hindered easy access and practical use. The slavery registers of Suriname deserve interest from many corners.

A new resource on the legal history of violence in the United States

Banner Repsoitory of Historical Guin law - Duke University

At least on a few occasions even historians who try to remain detached from contemporary matters cannot escape from them. A blog dealing with law and history inevitably will touch major themes such as injustice, inequality, violence and slavery, things that are still present in our world, and are definitively not only history. The four themes mentioned here set a challenge to anyone thinking and writing. The subject of violence I have chosen for this post does not come completely unexpected. This month I read a notice about a new scholarly resource on the history of legislation about arms in the United States. Joseph Blocher and Darrell Miller (Duke University School of Law) have created a repository of historical gun laws. I will discuss here its contents and functions. By looking briefly at some contemporary resources on violence I will not shut out the present here entirely.

Finding laws

Blocher and Miller explain the way they compiled the information for their repository quite clearly. The first thing to notice is that the database does not contain the latest laws, statutes and other regulations. You will find English laws starting in the Middle Ages up to 1776, American legislation for the colonial period from 1607 to 1791, the year the American constitution was ratified, laws around the Fourteenth Amendment, and legislation up to the National Firearms Act of 1934. Colonial legislation has been limited to legislation in later American states. The legislation entered into the repository has been taken from regular resources such as well-known licensed databases on legislation by the Congress and state statutes, the Making of Modern Law, Yale Law School’s Avalon project and more general sources. A search for items mentioning the word gun was performed for the Session Laws. In the Making of Modern Law Blocher and Miller searched for the words gun(s), rifle(s) and pistol(s). The editors decided not to include every local regulation for every period. Sometimes a statute merely repeats earlier legal enactments. The spelling of older texts has been adjusted. On the blog of Duke Law School Blocher and Miller told on April 4, 2018 more about their project which contains currently some 1,500 items. They propose to add continuously newly discovered statutes, to expand the information for the colonial period, and of course they will correct factual errors.

Instead of creating at the outset a database with complete coverage of all possible legislation the two scholars at Duke did very sensible aim to deliver a set of materials which cover a most substantial period with due attention to colonial history. In the repository you can search at will using the free text field, and set filters for seventeen particular themes, for example militia regulations, hunting, manufacturing, sensitive places and times, race and slavery, and involvement of minors. It is possible to limit your search to specific years, and you can search for English law and for legislation from one or more states. The repository gives the texts of provisions, labelled with the usual current legal reference. A link to the sources used is also given. Thus you will find an act about the storage of weapons enacted on March 24, 1629 by the state Virginia with the reference 1629 Va. Acts 151, Acts of March 24, 1629, Act 5, and in this case a link to a digitized version in the Internet Archive of The statutes at large, being a collection of all the law of Virginia (…) (New York,1823). This statute at page 151 of the edition dealt with potash and nitre (saltpeter), vital ingredients for gunpowder.

The repository has six statutes on storage between 1607 and 1776, and eight from 1776 to 1791, and you will find 54 statutes on this subject from 1791 to 1861. Storage is the subject of 191 statutes in this database. I would not have labelled a statute of king Alfred from 890, the oldest law in the repository, about the way one has to carry a spear under storage, but under carrying weapons. The source used for this law is not given. In the edition of F. Liebermann, Die Gesetze der Angelsachsen (3 vol., Halle, 1903-1916) it is probably the statute no. 33 (I, 68-71). Of course this is only a detail, and one that can be quickly adjusted. The possibility of classifying statutes under two labels is certainly a matter needing attention. However, the important thing is that this repository enables you to pose questions about a particular genre of gun laws with a more than reasonable chance to find sufficient coverage. Thanks to the project Early English Laws I could quickly search for this medieval law.

At this point it becomes interesting, too, how we encounter laws with a relation to racial matters in the Duke repository. I will not spoil here your own curiosity by giving here a number of results for all subjects. For race and slavery you will find an overall total of 38 results. Here I cannot help thinking about Hein’s massive digital collection Slavery in America and the World where you can certainly find more or at least make valuable comparisons of the coverage. In 2016 I have discussed here at length some of its flaws and omissions, but it is a very valuable collection. Some quick searches among slavery statutes brought me already dozens of statutes which seem relevant for comparisons. Minors and other persons deemed irresponsible occur in 67 results in the Duke repository. Apart from statutes and regulations you will see also references to state constitutions and codes of law.

From the past to the present

It is not a regular thing to encounter a database with matters from the ninth to the early twentieth century. One of the compliments you must make to Blocher and Miller is that the quality of the repository makes one thirst for a sequel into the present. I suppose the editors reckon with the ability to find relevant legislation quickly, using either the licensed databases accessible at American law schools and elsewhere in research libraries, or the marvellous sets of digitized legal materials put online by the Law Library of the Library of Congress, together with links to other resources in open access. If you want to find online more about American legal history you can benefit from Legal History on the Web, the portal site of the Triangle Legal History Seminar at Duke University, for Blocher and Miller perhaps too obvious to mention!

It is impossible to ignore the current turmoil and debate about violence and gun laws in the United States. It would mean ignoring an elephant in the room. I was surprised the ever vigilant team of the Legal History Blog had not yet written something about the Duke repository. Maybe other recent news from Duke University was considered more pressing. The urgency of the situation around the use, abuse and possession of arms is clear to me, but here I can and will not offer my thoughts about possible remedies. For further information you can consult online websites such as the Gun Violence Archive, the Mass Shooting Tracker based on crowdsourcing, and Mass Shootings in America of the Stanford Geospatial Center. Projects such as Every Town for Gun Safety and The Trace bring news and background information concerning shootings, gun related violence, gun possession and gun laws in a larger context. At Mother Jones you can find a dataset concerning mass shootings in the United States between 1982 and 2018. SafeHome has an online dossier Gun Laws vs. Gun Deaths with maps showing the differences between American states.

Judicial statistics can generally be found at the website of the Bureau of Justice Statistics. Its page on weapon use will be at the focus of your attention. Those with access at a subscribing institutions can use the online edition of the Historical Statistics of the United States, where you can buy also two-day access to individual parts of it, or you can use the open access version of Historical Statistics of United States, Colonial Times to 1970 provided by the United States Census Bureau which brings you also to statistics for individual states. For statistical comparisons between countries one might start at the Swedish portal for historical statistics with as its core data for 21 countries.

If I had decided to follow here the path of historical statistics I would have added a second post. I am well aware more can be said, and that there are probably other online entrances to this kind of data, but I had rather not hide the main line of this contribution. The shooting at the Stoneman Douglas High School in Parkland, Florida on February 14, 2018 led to massive protests. In my view the database created by Blocher and Miller is one of the things helping to reflect on the development of law and justice concerning weapons in the history of the United States. They perform a service to the public. Hopefully others, and in particular law schools, lawyers and other legal scholars are willing, too, to consider what difference they themselves can make by studying the impact of visible and hidden violence, and how laws, statutes and other regulations work and worked to achieve justice for the victims and anyone hurt by violence. Its role in American history and in legal history needs study in all its aspects.

Hide and seek: Finding “hidden” collections

Startscreen CLIR Hidden Collection Registry

Once upon a time you made good wishes for every new year. You promised yourself to set one or more substantial goals to pursue with all your talents and capacities in order to obtain results that often would led to higher self-esteem and other lofty qualities. Wisdom teaches us real changes come in small steps, not with giant leaps. In this post I will look not just at one project, but at a foundation supporting many projects. The Council on Library and Information Resources (CLIR), based at Washington, D.C., has a fine record of supporting all kinds of projects for libraries, archives and documentation centers. One of their latest projects is the CLIR Hidden Collections Registry. If this truly works, it would perform a most welcome service. What does this registry contain? How can you search in it for particular collections, themes or periods? Does it fulfill its purpose and promise? Knowing about the support of CLIR for projects which are of interest for legal historians prompted me to test the new registry website. Apart from the findings about the registry I intend to report on some incidental catch as well.

A serious quest

You might be slightly surprised by the jolly title “Hide and seek”, but there is here indeed an element of play. The very title Hidden Collections Registry contains a joke: How can you bring together and register what is described as hidden? If you have found a hidden thing, it is discovered once and forever, provided you share your discovery. CLIR aims here at bringing together information about collections that led a more or less hidden life. Thanks to CLIR funding they have become more visible and accessible to the public.

Some members of the public do equate accessibility with online access. I work at Het Utrechts Archief, an archive with more than 1,300 collections, good for some 32 kilometers on our stacks. It will take herculean efforts to digitize everything, even if you succeed in making every year one million scans. We try to put every finding aid online. Sometimes we can only offer a list of the boxes in a collection in anticipation of fuller treatment. Every year some collections will be digitized entirely, but for some important series we can add only ten or twenty digitized years per annum. Funding can be most helpful to tip the balance between only offering digital finding aids and some small digital collections on one side, and on the other side creating large digital collections or dealing with fragile and very special collections not fit for the normal digital road.

CLIR logo

CLIR succeeds indeed in supporting a wide variety of projects. The latest CLIR overview published on January 4, 2018 is no exception. Among unexpected things is for example the very first item, a project of The Moravian Archives in Bethlehem, PA, Archiving Antigua: A Digital Record of Pre- and Post-Emancipation Antigua, 1760-1948. The Moravian Brethren are a protestant missionary organization which has been active first in Europe, but rather quickly in the Americas. At Het Utrechts Archief are some thirty archival collections concerning a number of settlements, branches and even factories of the Moravian Brethren; when searching for “Evangelische Broeders” and “Broedergemeente” you will find them. I checked quickly for more Moravian stuff in the Hidden Collections Registry. The newly funded collection should be added to the three very different projects concerning the Moravian Brethren included in the CLIR registry thus far, a music collection, the first hundred years of the Pennsylvania settlement, and a collection documenting several German spiritual movements.

For each item the CLIR registry gives a concise overview and indications of the period involved and the geographic scope. It is useful, too, to have not only the name of the institution but also the name of a person to contact. To every item in the registry tags are added concerning the formats of materials. You can search for themes and periods, for projects funded by CLIR – a total of 162 – and for projects in a particular year, starting with 2008.

CLIR and legal history

You can imagine how eager I am to look for projects before 2017, because the newest projects have not yet been included. I started searching with the words legal history and this resulted in 37 results, a nice percentage of the nearly one thousand projects funded until now. Let’s look at some results. The colonial library of Jasper Yeates was to be digitized in a 2012 project. The city and state of LancasterHistory in Lancaster, PA are not indicated in the registry entry. A second project from 2008 concerned the political and governmental history of Alabama from 1799 to 1948; no institution is specified. The third project dealt in 2014 with Massachusetts petitions on women’s rights between 1619 and 1925, a project of the Radcliffe Institute for Advanced Study at Harvard University. With some surprise I saw among these results a project at UCLA for its palaeontological collections, funded by the CLIR in 2010. It seems the separate appearance of the words legal and history was enough for inclusion, as is the case for the project concerning Midwest organic tools. Adding a real field for tags will help much to solve this problem.

It is truly difficult to choose among the 37 results concerning legal history more examples, because many projects are really interesting, from Illinois Circuit Court records to the well-known project to digitize 30,000 French pamphlets at Chicago’s Newberry Library, and from the legacy of slavery in the Maryland State Archives to the papers of civil rights activist Margaret Bush Wilson (Washington University, St. Louis, MO), entered in the registry for 2011 and 2012, a project for native American petitions in Massachusetts (Yale Indian Papers Project), and the digitization of the M. Watt Espy papers concerning the history of the death penalty in the United States since 1608 (SUNY, Albany). Legal history is clearly not out of view within the CLIR collections program.

Faithful readers of my posts are used to the proliferation of links in my posts which usually lead you directly to a particular website or project. If you find something interesting and want to leave my blog, you should indeed use these links immediately. It is the very purpose of the links to bring you to particular addresses! However, it is embarrassing to give you in the first half of this post only links to the CLIR registry, and not as usual links to the websites with these projects. The CLIR Hidden Collections Registry does not contain links to the websites of institutions with a particular project nor the links to the results of projects. Not mentioning links, not even only for the CLIR funded projects, is not what you expect in any registry or list of funded digitization projects. In its current state the registry lives not up to reasonable expectations. It is a shame in particular, because the organization proposing this tool without links is the very Council on Library and Information Resources, an organization which aims at helping institutions to communicate better. In its current state the CLIR Hidden Collections Registry succeeds to a certain extent in hiding collections.

Finding the missing links

As for now teachers should not hesitate to test the digital abilities of their students and pupils, and ask them to find the URL’s of complete projects! In some cases you will not find the results at the website, subdomains or portal of an institution. I will not completely spoil this game, but a few examples might be instructive. The Newberry Library in Chicago has uploaded 30,000 digitized French pamphlets to the Internet Archive. At least one resource mentioned here does reach into the twenty-first century, and gains in value from the long period covered. In fact the very project that made me want to use the CLIR Registry is the project concerning the death penalty in the United States, a resource not only of interest for historians. The M.E. Grenander Department of Special Collections & Archives at SUNY, Albany, is home to the National Death Penalty Archive, with as its jewel the M. Watt Espy Papers. You can find the results until now at the Espy Project page. As for now, data are being processed in a GitHub project. You can find some examples of notes in these papers on a news page of the libraries of the State University of New York at Albany. The links section for this project in the CLIR registry will have to be substantial. The Yale Indian Papers Project (YIPP) has only an announcement about the funding by CLIR, but you can already find some digitized petitions, maybe from other institutions not touched by the grant, or on the other hand the first results. I am aware that in a number of cases there is not yet a URL for a project. In such cases you will need even more the web address of the relevant institution.

The Hidden Collections program of CLIR aims at the realisation of the potential of collections, by helping with funds for either the preservation and cataloging of one or more collections, or by giving grants which make digitization and online open access possible. It is only logical to show the successes of this program. Dozens of projects in the CLIR registry are concerned with civil rights, women’s history, slavery and Afro-American history, even if you got to acknowledge that some entries look very much like an all-compassing grant apply. It would be logical to filter results by adding the category Funded, but alas this is not yet possible.

With a little help…

Before turning our back on the major and minor shortcomings of the registry project it is only fait to look at some CLIR projects which deserve applause. In Recordings at Risk CLIR invites institutions to apply for grants in order to safeguard endangered audiovisual recordings. CLIR supports the Digital Library Federation with for example a guide for digitizing special formats. Among CLIR’s own projects I would like to single out the project for a Digital Library of the Middle East (DLME), a project with partners such as Stanford University Libraries and the Qatar National Library. The DLME will be developed to contain not just digitized printed books, but also digitized archival collections, manuscripts and artefacts documenting the cultural heritage of countries in the Middle East. This project will join the ranks of project such as Patrimoines partagés of the Bibliothèque nationale de France, launched a few months ago, Menalib, the Middle East Virtual Library of the Staats- und Universitätsbibliothek Sachsen-Anhalt, Halle, and – closer to CRIL – the Oman Digital Library of the Middle East Institute in Washington, D.C. In the project of the BnF the Middle East is just one section among eight sections covering various regions and countries. CLIR rightly mentions the Endangered Archives Project led by the British Library, a project which deserved a post here. CLIR provides also fellowship grants.

Everybody writing a grant application knows he or she has to fulfill several demands. The CLIR calls them core values. For the Hidden Collections program openness is one of these values, and I quote approvingly: “The program ensures that digitized content will be made available to the public as easily and completely as possible, given ethical and legal constraints.” It would be a sign of respect to all those scholars, staff members and institutions benefiting from or sponsoring the work of CLIR when the Hidden Collections Registry, too, does operate accordingly. In my view supplying the missing links is a necessary gesture. Some tuning would be welcome, too. When you look at all good things supported by CLIR the present state of this registry is hopefully only a temporary exception.

A postscript

Part of my concern about the CLIR registry stems from the situation around the IMLS Digital Collections and Content: U.S. History Resources from Libraries, Museums and Archives, a portal created at the Grainger Engineering Library, University of Illinois at Urbana-Champaign. After technical changes and a move to a new web address this potentially very rich resource does not function anymore. Ironically it is the version with the penultimate layout saved in the Wayback Machine of the Internet Archive which you can still browse, for example in the version of January 2012. You can easily retrieve the URL’s of digital collections at the end of the archived web addresses in the links of the old IMLS portal.

Another example: Some of the firms selling digital collection systems had their own overview. One firm even used its own system for a database in which you could find almost 1,000 projects, the Collection of Collections, but alas this database has been removed, too; you can only browse the latest capture from January 2017 at the Internet Archive.

Mapping the legal past

How often did you look this summer on a map? You no doubt checked an interactive map for the weather forecasts, and you might have used an app to guide you on the roads you took during your vacation. In this post I would like to look at interactive online maps, more specifically HISGIS systems, historical-geographical maps, which have a clear connection with legal history. The choice of maps is rather great, and I am sure you will pick those closest to your own interests and curiosity.

Several overviews have helped me to bring together the maps I mention here, first of all the overview at Anterosis, a project of John Levin. The Historical GIS Research Network, is one of the oldest websites with an overview of HISGIS projects. Lately I noticed the Electronical Cultural Atlas Initiative (ECAI), but the best current international overview of HISGIS websites has been created by the HGIS Lab, University of Saskatchewan. I dealt with a number of Dutch and Belgian projects in an earlier post concerning the bicentenary of the Dutch Cadastral Service, and thus I thought I could hardly bring you my typical Dutch slant. However, last week I noticed a veritable portal with a number of interactive maps concerning Dutch culture and history which seems perfectly fit for inclusion here.

The British isles

Modern drawing of medieval Swansea

Let’s start the tour with the United Kingdom to honor the work of the team of the Historical GIS Research Network. I could mention a lot of projects concerning London, but Locating London’s Past can stand as a fine representative of other projects. A more general map project deals with Ordnance Survey Maps (National Library of Scotland, Edinburgh). Tithes are the subject of a project of the West Yorkshire Archives Service, Tracks in Time: The Leeds Tithe Map Project. Another project with tithes, Cynefin Project: Welsh Tithe Maps, brings us to the National Library of Wales in Aberystwyth.

The project City Witness: Medieval Swansea contains some materials which I found particularly fascinating. Maps are only one aspect of this project with as one of its cores the story of nine men around 1300 about the hanging and miraculous survival of William Cragh. Among the textual witnesses used at City Witness is the manuscript Città del Vaticano, Biblioteca Apostolica Vaticana, ms. Vat. lat. 4015, for which you can access online in DigiVatLib a digitzed version of a black-and-white microfilm. For Ireland one has to single out the project The Down Survey of Ireland: Mapping a change (Trinity College Library, Dublin) with information about this very early land survey made between 1656 and 1658, and also Ordnance Survey maps and three historical GIS maps.

Around the world

Cover Digital Gazetteer of the Song DynastySurely HISGIS projects are not confined to the United Kingdom or Europe. The best example to show this is perhaps The Digital Gazetteer of the Song Dynasty (University of California, Merced). A book about the rulers and administration of this Chinese dynasty (960-1276) was the starting point for Ruth Mostern and Elijah Meeks to create a much larger project to visualize the locations and extent of the power exercised by this dynasty. Ruth Mostern’s 2011 book provided the spur to start building this HISGIS.

It did cross my mind to look for projects dealing with Classical Antiquity, but I had a firm impression that interactive maps and the use of digital tools are far more common among classicists than among legal historians. The choice of online projects as shown at The Digital Classicist Wiki is stunning. I do not know where to start best with the plethora of projects. Elsewhere I came luckily across a pilot version of a modern representation of the Tabula Peutingerana created by Jean-Baptiste Piggin not yet mentioned in this wiki. Piggin tries to use his knowledge about diagrams to go beyond the Peutinger map website by Richard Talbert. You might want to follow the relevant posts about his project at Piggin’s blog. For an idea of what has been done for HISGIS and Classical Antiquity you can get a distinct idea at the Ancient World Mapping Center (University of North Carolina, Chapel Hill) and the Antiquity À la Carte application. It is possible to commission new features to be added to this set of interactive maps.

I propose to turn now to North America. Among the sites I would like to signal here are first of all projects with the closest affinity to normal maps. The Atlas of Historical County Boundaries (Newberry Library, Chicago) should in my opinion be viewed in tandem with Lincoln Mullen’s project Historical Boundaries of the United States, 1783-1912. Quite different are projects such as Jack Dougherty’s On the Line: How Schooling, Housing, and Civil Rights Shaped Hartford and its Suburbs, and Redlining Richmond, a project around the House Owners’ Loan Corporation and the New Deal in this town. Social and economic history comes into view at IWW History Project: Industrial Workers of the World 1905-1935 (University of Washington). I could not resist adding here a digital collecion without HISGIS maps, but I am sure the Sanborn Fire Insurance Maps digitized at the Library of Congress is a wonderful resource for American history.

Inevitably some projects seems less easy to fit under one heading with similar projects. Close to geography are projects such as LandMark: Global Platform of Indigenous and Community Lands and Danske Herregaarde (Danish manors) of the Dansk Center for Herregårdsforskning. The Colonial Despatches: The Colonial Despatches of Vancouver Island and British Columbia 1846-1871 (University of Victoria) is based on the actions of the colonial government in these Canadian regions.

Traces of slavery

One theme is clearly seen as most suitable for the use of HISGIS systems. It is striking how many sites for the study of the history of slavery use it to present sources or the results of research. Instead of going straight for matters connected in the first place with the United States of America or the United Kingdom it can be instructive to start elsewhere.

Header HGIS de las Indias

The HGIS de la Indias (Universität Graz) is a portal with a Spanish interface presenting interactive maps for the period 1701-1808. The Caribbean is the setting of Slave Revolts in Jamaica, 1760/1761. A Cartographic NarrativeTransatlantic Slave Trade is one of the most studied elements in the history of slavery. MCC Slave Voyage The Unity 1761-1763 is a website of the Zeeuws Archief, Middelburg about one particular ship of a Dutch slave trading company. At Mapping Slavery NL you can trace Dutch slave owners in several towns. There are books and websites for city walks along traces of slavery, for example in Amsterdam and Utrecht, but I could not readily find these links at Mapping Slavery NL.

For the United States we meet again Lincoln Mullen, this time for his project Mapping the Spread of American Slavery. The Texas Slavery Project focuses on a single state. For a long time it belonged to the so-called Territories, the states joining the United States at a later point in time. Visualizing Emancipation (University of Richmond) is concerned with a later phase. The aftermath and long repercussions of slavery are a stake at Collective Violence: Mapping Mob Violence, Riots and Pogroms against African American Communities, 1824 to 1974. The United Kingdom comes into view with Legacies of British Slave-Ownership (University College, London). The University of Edinburgh has created the portal Cartographie des Mémoires de l’Esclavage.

Looking at this overview I am sure I have probably missed a number of projects, but it is my objective to make the visual impact of maps for literally mapping slavery and other subjects more clear. When you read descriptions as the topography of terror we are inclined to think only of the Second World War, but creating maps of other events and phenomena is every bit as helpful and important.

A cultural atlas

Logo Rijksdienst voor het Cultureel Erfgoed

The last website I want to introduce here is a portal created by the Rijksdienst voor het Cultureel Erfgoed (RCE, Dutch National Cultural Heritage Service) in Amersfoort. The new WebGIS: Themakaart Portaal offers 22 different maps and atlases covering Dutch cultural heritage. As for now the riches of this portal can only be viewed in Dutch, and I cannot imagine why a version in English has not yet been created or at least announced for the near future. The landscape maps are also accessible at Landschap in Nederland, and the archaeological maps can be found also at a sister site, Archeologie in Nederland. A possible starting point is the Kaart van de verstedelijking (Map of urbanization) where you can among other things view Dutch urbanization between 1200 and 2010 and look at city plans taken from the major cartographical project executed by Jacob van Deventer during the second half of the sixteenth century. It is a pity that this cartographical portal does not contain all supporting information present at the landscape and archaeology portals. You can benefit from information about Van Deventer’s maps and the growth of 35 cities. On the other hand, can you really expect to find everything at a single portal? At least one of the maps has very substantial connections with legal history, the map concerning the medieval and later development of fen regions (Agrarische veenontginningen). Newly developed regions often came under a specific jurisdiction. In the north west of the province Utrecht a region is known for a peculiar tax, the dertiende penning (thirteenth penny) which had to be paid until recently at the sale of landed property. These jurisdictions have yet to be added to this RCE map.

While looking at the map concerning flooding risks and cultural heritage I realize how much good maps are needed in regions of India, Nepal and Bangladesh suffering flooding right now, in late August 2017. Creating road maps for Nepal is one of the challenges the Red Cross – for example Missing Maps, American Red Cross – brought to the attention of the world. Volunteers are invited to use recent satellite photographs to make reliable maps for those striving to help people. Historical GIS systems can be as interesting as their modern forerunners, and there is space for legal historians to add to them anything they judge to be important.

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 Toussaint 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

John Noonan, judge and historian

John T. Noonan Jr. - photo Kenneth Pennington, 1998

John T. Noonan Jr – Erice,1998 – photo Kenneth Pennington

Should an historian act as a judge, pronouncing verdicts on the past? Should a judge express views about the past or even use the past for his judgments? How can legal history help judges? Can you imagine that knowing about the history of medieval canon law, a subject seemingly quite distant from modern times, can prepare someone to become a respected judge? For a moment you might think I seduce you to follow me in an experiment, but I had rather tell here about the experiences of a scholar and judge who dealt in his life with exactly the questions at the start of this post. On April 17, 2017 John T. Noonan Jr. died. He served for thirty years as a judge of the Ninth U.S. Circuit Court of Appeals in San Francisco. Before and during his period as a judge he did research in the field of medieval and modern canon law. Noonan (1926-2017) wrote also about American law in past and present. A number of obituaries have appeared which focus on his contributions as a judge. Here I would like to honour his achievements by looking at his work as a legal historian.

Near to major themes in law and society

The obituaries I have seen until now understandably focus on his work as a judge. In particular the obituary issued by the Ninth Circuit Court of Appeals mentions a number of major cases – with full references – to which Noonan contributed, sometimes with a dissenting opinion which was eventually followed by the Supreme Court of the United States. Even Wikipedia gives substantial quotes from these important cases in the article about Noonan. The obituaries in the San Francisco Chronicle and The New York Times single out his political independence. Noonan was a Catholic who opposed abortion, but he certainly could not be labelled conservative. In the Commonweal Magazine‘s obituary there is attention for Noonan’s clear views about liberalism, but also on Shakespeare and the lack of attention to the Bard’s religion. The Faculty Lounge has a short notice by Alfred Brophy about Noonan’s passing, but he redeems it by sending you to a moving tribute at the blog of Diane Marie Amann (University of Georgia). She goes straight to the heart of the matter by showing Noonan in action. If you prefer to skip the section here below about the impact of medieval canon law you are right to proceed to her fine post.

Noonan came from Boston and studied at Harvard University, Cambridge and the Catholic University of America. To mention only his academic posts, he was a professor at Notre Dame University between 1961 and 1966 and from 1967 onwards at the University of California at Berkeley (Boalt Hall). His first book was on a subject touching medieval canon law, theology and economic history, The scholastic analysis of usury (Cambridge, MA, 1957). In a modern textbook about medieval views of the economy [Diana Wood, Medieval economic thought (Cambridge, etc., 2002)] the two chapters about usury frequently refer you to Noonan’s book. Intention is one of the keys in understanding and defining usury and interest. His second book, Contraception. A history of its treatment by the Catholic theologians and canonists (Cambridge, MA, 1965; enlarged edition, 1986) appeared at a crucial moment in the history of the Catholic Church, in the aftermath of the Second Vatican Council when pope Paul VI created a commission to study contraception. He invited Noonan to participate in it as a consultant. Another study, too, brought medieval theology and canon law together [Power to dissolve. Lawyers and marriage in the courts of the Roman curia (Cambridge, MA, 1972)].

How authors come to a subject can be mysterious, but I think it is not entirely by chance that Noonan wrote about matters of life and death, in particular about moral conduct. Bonds dissolved or not are also at stake in his book on The Antelope : the ordeal of the recaptured Africans in the administrations of James Monroe and John Quincy Adams (Berkeley-Los Angeles, 1977). I could not resist going to the digital collection Slavery in America – discussed here in some detail last year – and to check for the presence of this case around a ship with slaves in 1820. Changing views on slavery are among the subjects in his study A Church that can and cannot change. The development of Catholic moral teaching (Notre Dame, IN, 2005). The personal conduct of judges through the centuries is the subject of Bribes. The intellectual history of a moral idea (New York, 1984). Many students of American law will know about his volumes with selected cases around religious freedom and the responsibilities of lawyers.

It is tempting to discuss here more of Noonan’s books which discuss developments in American law from a historical perspective, but I promised you to focus on medieval canon law. A fair number of Noonan’s articles can conveniently be consulted in the volume Canons and canonists in context (Goldbach 1997). Articles about medieval canon law appear not only in the few journals created for this field, but also elsewhere, sometimes in Festschriften. Thus the volumes in this series are most useful, also for the additions and corrections added by the authors. The bibliographical database of the Regesta Imperii (Akademie der Wissenschaften, Mainz) lists most of Noonan’s articles about medieval canon law.

Noonan wrote two major articles about the author of the Decretum Gratiani, a subject at the heart of the modern study of medieval canon law, because Gratian’s book is often seen as the core and cause of the very birth of medieval canon law. In the first article, ‘Was Gratian approved at Ferentino?’, Bulletin of Medieval Canon Law N.S. 6 (1976) 15-28, he investigates the historical evidence around a papal approbation of Gratian’s textbook. The second article, ‘Gratian slept here: the changing identity of the father of the systematic study of canon law’, Traditio 35 (1979) 145-172, is an object lesson in making distinctions about reliable and unreliable evidence. Noonan crushes sloppy thinking and careless repetition of unchecked information. Even his colleague at Berkeley, Stephan Kuttner, receives a frown at one point. Thirty years later Anders Winroth could establish at last some facts about the life of Gratian with certainty in ‘Where Gratian Slept: The Life and Death of the Father of Canon Law’, Zeitschrift der Savigny-Stiftung für Rechtsgeschichte. Kanonistische Abteilung 99 (2013) 105-128. Kenneth Pennington gives at his website a more colourful presentation of John Noonan’s work on Gratian, including the covers of some books and some remarkable photographs of Noonan.

Intention is a matter of concern in medieval canon law ever since its appearance in the twelfth century as a subject in medieval theology. It is through canon law that intention became a theme in criminal law. Judges were called upon to consider someone’s intentions. Stephan Kuttner, Noonan’s teacher in Washington, D.C., wrote the classic study tracing this development [Kanonistische Schuldlehre von Gratian bis auf die Dekretalen Gregors IX systematisch auf Grund der handschriftlichen Quellen dargestellt (Città del Vaticano 1935)] and Noonan clearly studied it in great depth. For Noonan the facts and intentions counted in judging historical situations. In his view facts matter indeed, because he wanted to judge cases, not persons. Some of his views of famous American judges can be found in Persons and masks of the law : Cardozo, Holmes, Jefferson, and Wythe as makers of the masks (New York, 1976). Noonan did not keep ethics and moral questions at a safe distance. Making the right judgments is only possible when knowledge of the law, insight into what consist justice and a fine-tuned and ever developing conscience come into action, or to put it more briefly, where mind and heart fully work together. It is exactly how Noonan impressed those who met him. Being a judge and a historian in one person is challenging, but he had the greatness to achieve this in a long and fruitful life.