To-day — 19 January 2008 — is the 200th birthday of the militant abolitionist, philosopher, and individualist anarchist Lysander Spooner (b. 19 January 1808, Althol, Massachusetts; d. May 14, 1887, Boston, Massachusetts). In honor of his life and work, the Ministry of Culture of this secessionist republic of one has declared that 19 January shall be celebrated as Lysander Spooner Day.

This is from the end of Spooner’s famous pamphlet No Treason: The Constitution of No Authority:

Inasmuch as the Constitution was never signed, nor agreed to, by anybody, as a contract, and therefore never bound anybody, and is now binding upon nobody; and is, moreover, such an one as no people can ever hereafter be expected to consent to, except as they may be forced to do so at the point of the bayonet, it is perhaps of no importance what its true legal meaning, as a contract, is. Nevertheless, the writer thinks it proper to say that, in his opinion, the Constitution is no such instrument as it has generally been assumed to be; but that by false interpretations, and naked usurpations, the government has been made in practice a very widely, and almost wholly, different thing from what the Constitution itself purports to authorize. He has heretofore written much, and could write much more, to prove that such is the truth. But whether the Constitution really be one thing, or another, this much is certain – that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist.

— Lysander Spooner (1870): No Treason No. 6: The Constitution of No Authority

And this is from an earlier number of No Treason:

But to say that the consent of either the strongest party, or the most numerous party, in a nation, is sufficient justification for the establishment or maintenance of a government that shall control the whole nation, does not obviate the difficulty. The question still remains, how comes such a thing as a nation to exist? How do millions of men, scattered over an extensive territory — each gifted by nature with individual freedom; required by the law of nature to call no man, or body of men, his masters; authorized by that law to seek his own happiness in his own way, to do what he will with himself and his property, so long as he does not trespass upon the equal liberty of others; authorized also, by that law, to defend his own rights, and redress his own wrongs; and to go to the assistance and defence of any of his fellow men who may be suffering any kind of injustice — how do millions of such men come to be a nation, in the first place? How is it that each of them comes to be stripped of his natural, God-given rights, and to be incorporated, compressed, compacted, and consolidated into a mass with other men, whom he never saw; with whom he has no contract; and towards many of whom he has no sentiments but fear, hatred, or contempt? How does he become subjected to the control of men like himself, who, by nature, had no authority over him; but who command him to do this, and forbid him to do that, as if they were his sovereigns, and he their subject; and as if their wills and their interests were the only standards of his duties and his rights; and who compel him to submission under peril of confiscation, imprisonment, and death?

Clearly all this is the work of force, or fraud, or both.

By what right, then, did we become a nation? By what right do we continue to be a nation? And by what right do either the strongest, or the most numerous, party, now existing within the territorial limits, called The United States, claim that there really is such a nation as the United States? Certainly they are bound to show the rightful existence of a nation, before they can claim, on that ground, that they themselves have a right to control it; to seize, for their purposes, so much of every man’s property within it, as they may choose; and, at their discretion, to compel any man to risk his own life, or take the lives of other men, for the maintenance of their power.

To speak of either their numbers, or their strength, is not to the purpose. The question is by what right does the nation exist? And by what right are so many atrocities committed by its authority? or for its preservation?

The answer to this question must certainly be, that at least such a nation exists by no right whatever.

We are, therefore, driven to the acknowledgment that nations and governments, if they can rightfully exist at all, can exist only by consent.

— Lysander Spooner (1867): No Treason, no. 1

And this is from A Letter to Grover Cleveland, on His False Inaugural Address, The Usurpations and Crimes of Lawmakers and Judges, and the Consequent Poverty, Ignorance, and Servitude of the People, perhaps the finest letter ever written to the President of the United States:

Let me then remind you that justice is an immutable, natural principle; and not anything that can be made, unmade, or altered by any human power.

It is also a subject of science, and is to be learned, like mathematics, or any other science. It does not derive its authority from the commands, will, pleasure, or discretion of any possible combination of men, whether calling themselves a government, or by any other name.

It is also, at all times, and in all places, the supreme law. And being everywhere and always the supreme law, it is necessarily everywhere and always the only law.

Lawmakers, as they call themselves, can add nothing to it, nor take anything from it. Therefore all their laws, as they call them, — that is, all the laws of their own making, — have no color of authority or obligation. It is a falsehood to call them laws; for there is nothing in them that either creates men’s duties or rights, or enlightens them as to their duties or rights. There is consequently nothing binding or obligatory about them. And nobody is bound to take the least notice of them, unless it be to trample them under foot, as usurpations. If they command men to do justice, they add nothing to men’s obligation to do it, or to any man’s right to enforce it. They are therefore mere idle wind, such as would be commands to consider the day as day, and the night as night. If they command or license any man to do injustice, they are criminal on their face. If they command any man to do anything which justice does not require him to do, they are simple, naked usurpations and tyrannies. If they forbid any man to do anything, which justice could permit him to do, they are criminal invasions of his natural and rightful liberty. In whatever light, therefore, they are viewed, they are utterly destitute of everything like authority or obligation. They are all necessarily either the impudent, fraudulent, and criminal usurpations of tyrants, robbers, and murderers, or the senseless work of ignorant or thoughtless men, who do not know, or certainly do not realize, what they are doing.

— Lysander Spooner (1886): A Letter to Grover Cleveland, on His False Inaugural Address, The Usurpations and Crimes of Lawmakers and Judges, and the Consequent Poverty, Ignorance, and Servitude of the People

Further reading:

• Francois Tremblay (2008-01-19): Happy birthday, Lysander Spooner!
• Lysander Spooner (1858): To the Non-Slaveholders of the South: A Plan for the Abolition of Slavery
• Lysander Spooner (1882): A Letter to Thomas F. Bayard, challenging his right — and that of all the other so-called Senators and Representatives in Congress — to exercise any legislative power whatever over the people of the United States

Here’s the rules:

1. Pick a quote of one or more paragraphs from something you’ve read, in print, over the course of the past week. (It should be something you’ve actually read, and not something that you’ve read a page of just in order to be able to post your favorite quote.)

2. Avoid commentary above and beyond a couple sentences, more as context-setting or a sort of caption for the text than as a discussion.

3. Quoting a passage doesn’t entail endorsement of what’s said in it. You may agree or you may not. Whether you do isn’t really the point of the exercise anyway.

Here’s the quote. This is from Mark Kurlansky’s recent book Nonviolence: Twenty-Five Lessons from the History of a Dangerous Idea (2006):

In the years leading up to the American Revolution, the radical revolutionaries, those who wanted to break away from Britain and were prepared to go to war, were a minority, but they were the most vocal and articulate and the best organized faction. Proponents of nonviolence know that it is often not the largest but the best organized and most articulate group that prevails. It is not clear that the decision to go to war against the British was the majority opinion of most of the revolting colonies, but the radicals proceeded and made it a fait accompli.

Another enduring lesson of history is that it is always easier to promote war than peace, easier to end the peace than end the war, because peace is fragile and war is durable. Once the first shots are fired, those who oppose the war are simply branded as traitors. All debate ends once the first shots are fired, so firing shots is always an effective way to end the debate. The silence may not last for long, as the War of 1812, World War I, Vietnam, and Iraq, all unpopular wars, demonstrate, but there is always a moment of enforced silence when debate and criticism are banished and this moment gives the war boosters at least a temporary advantage.

In February 1775 the British sent 240 soldiers to Salem, Massachusetts, to seize ammunition and weapons that the rebels were amassing. Though the nonviolent defense of a weapons cache does not truly qualify as nonviolence, the townspeople’s plan averted violence and prevented the opening of a shooting war. They simply pulled up the drawbridge into town and made the British negotiate entry, which the British did by giving assurances that they would not disturb the town. Apparently the colonists at the drawbridge were less concerned about the fate of the weapons than the principle that the British army had to ask permission before entering their town. According to Hobbesian logic, such happy solutions only put off the inevitable, which came on April 19, when another British column attempted to seize another rebel arms cache, this time in Concord. Whether or not this qualified as what Hobbes termed Natural Law, the reality was that elements among the rebel movement had decided that they wanted a shooting war, and once that kind of decision is made, it is, as a rule, almost impossible to avoid it. American revolutionaries intercepted the British column in Lexington. The rebels only exchanged a few shots and a number of them were killed. Each side claimed the other side had fired first, though all the casualties of this brief first engagement were on the rebel side. The British marched on to the supply depot in Concord. But the shots had been fired, the war begun, and the debate ended.

Curiously, up until those few shots were fired in Lexington, the rebels, even while arguing for war, had been spectacularly successful at what could be considered nonviolent resistance. Both demonstrating and rioting for a wide range of causes were commonplace in eighteenth-century America. One historian, Paul A. Gilje, counted 150 riots and street actions in the thirteen colonies just between 1765 and 1769. Though rules of class conduct were not rigid, generally the upper classes wrote pamphlets and negotiated, while the lower classes took to the street. The lower classes would cart around effigies of officials at their demonstrations before hanging, burning, or beheading them. Even before television there was a belief that effective nonviolence needed to be visual, needed a sense of theater to attract an audience. When the British passed the Stamp Act in 1765, the colonists staged a series of demonstrations throughout the colonies. In Charleston, South Carolina, two thousand demonstrators protested taxes by burning effigies and then staging a mock funeral for the death of American Liberty. The stamp officials were forced to resign in every colony but Georgia. The demonstrations were accompanied by a boycott of British goods. The result of all this was that within a year the act was repealed. But the following year the British attempted another taxation scheme, the Townsend Acts, which, because they only taxed imports indirectly, the British hoped would be more palatable.

The working poor were angry about their economic plight and they were not always nonviolent. They attacked and destroyed homes of officials, and looting was not uncommon. The intellectual leaders, being largely men of property, opposed these acts of destruction and tried to keep the street protests orderly. There was clearly a class division, and the upper-class leaders had to negotiate with the street leaders. The former tried to keep elements that they thought of as rowdy out of demonstrations. They sometimes banned black people from participating in demonstrations, convinced that they were an inherently unruly race.

In 1768 the Massachusetts Assembly dissolved rather than collect the Townsend duties. Not entirely nonviolent, the revolutionaries formed mobs to harass customs officials. On March 5, 1770, boys began throwing snowballs at British troops in Boston. The troops began pushing. Men came to the aid of boys. When one British soldier was struck with a club, he responded by firing into the crowd. Other soldiers also fired and five colonists were killed. When the British soldiers were brought to trial, John Adams, a moderate, defended them and noted in defense of the troops that black people were in the crowd. As a matter of fact, a mulatto man, Crispus Attucks, was among the victims. The British were acquitted.

By 1770 the British recognized the Townsend Acts to be another political and financial disaster and repealed them. But the tax on tea remained. This led to the most famous act of nonviolence in the American colonial period.

The American revolutionaries, in their prewar days, were particularly effective in their use of an important nonviolent tool, the boycott. Women began weaving cloth by hand rather than buy fabric from British mills. Homespun became the fashion. Spinning bees became patriotic gatherings. One result of the tea boycott was that Americans very quickly became coffee drinkers. But there were many debates in Boston on how to take the tea boycott even further. On December 16, 1773, sixty revolutionaries, dressed as Mohawk Indians, boarded three ships in Boston Harbor and dumped 342 chests of tea valued at £10,000 into the sea. This was a perfectly managed act of nonviolent protest. There were no incidents of looting or vandalism. According to legend, one padlock was broken and the revolutionaries replaced it.

Though far less famous today than the Boston Tea Party, the crowning achievement of American colonial civil disobedience, the one that John Adams considered the turning point of the American Revolution, came in 1774, before any shots were fired. The colonies were becoming ungovernable and unprofitable. The British were responding with repression, including the so-called Coercive Acts, which cost them more money and tied up more troops. From the point of view of the rebels, the British response was ideal, as it was mobilizing public opinion against England. One of the new repressive measures enacted by the British Parliament, intended as a response to the Boston Tea Party, was the Massachusetts Government Act passed in the spring of 1774. It removed the right of Massachusetts’ elected representatives to have a say in the appointment of judges. When the new British-appointed Court of Common Pleas for the county of Worcester tried to sit in September, thousands turned out to block them. Of the estimated six thousand, about one thousand were armed. They stopped the court from coming to session and formed a convention that effectively took over, closing courts and freeing prisoners.

The weapons, which were not used, were unnecessary, since no armed force opposed them. Everywhere else in Massachusetts where the British tried to open a Court of Common Pleas, they were also stopped by huge crowds, which often had no weapons at all. The crowds were large enough to keep the courts closed, force the judges to resign, and keep the army helplessly at a distance.

The revolution had overthrown the government in Massachusetts without a shot being fired. Why, then, did the rebels turn to arms? Sentiment was already strongly anti-British. John Adams wrote to Jefferson late in his life, The revolution was in the minds of the people, and in the union of the colonies, both of which were accomplished before the hostilities commenced. So why was the war necessary? Jonathan Schell in The Unconquerable World astutely noted that the participants in other revolutions had reached similar conclusions. The Romantic writer François René de Chateaubriand, who lived through the French Revolution, said almost the exact same thing: The French Revolution was accomplished before it occurred. And Leon Trotsky, one of the authors of the Russian Revolution, wrote, The declaration of October 23 had meant the overthrow of the power before the government itself was overthrown.

So if revolutions are accomplished in the minds of the people, why must they be followed by force of arms? Why do almost all political theorists–not only Locke, Hobbes, and Rousseau, but later ones such as Marx and Lenin–insist that a revolution must be an armed movement? If the outbreak of war is inevitable, as seventeenth-century thinkers believed, history teaches the lesson that its inevitability does not rest, as they believed, on natural law, but on individuals incapable of conceiving of another path. Is the source of violence not human nature, as Hobbes contended, but a lack of imagination?

In the case of the American Revolution, could independence have been accomplished without warfare? The British gave up on America even though the Americans had scored very few military victories in the war, because they wanted to get on with other business, including their European wars, and could not afford to tie up military and money in these colonies any longer. But the path of disruption and protest had already been tying up British troops, costing British money, making the colonies unprofitable–the very reasons that Britain later gave up the war and negotiated peace. Colonies were supposed to earn, not cost. It seems quite possible that the British withdrawal could have been achieved by continuing protest and economic sabotage.

–Mark Kurlansky (2006): Nonviolence: Twenty-Five Lessons from the History of a Dangerous Idea. 75–80.

You know the rules; here’s the quote. This one has been delayed from Friday to Saturday by the government attacks on women at a International Women’s Day commemoration in Tehran. So in commemoration of those women, and of what they put their bodies on the line for, here’s something on the theme of feminist internationalism, women, and governments. This is bus reading, collected in Robin Morgan’s The Word of a Woman: Feminist Dispatches 1968–1992 (ISBN 0-393-03427-5): specifically, Blood Types: An Anatomy of Kin a meditative discussion on family, identity, sex, and race, written in 1981.

Mary Daly’s turn-the-concept-inside-out phrase, The Sisterhood of Man seems not only a hope but a dynamic actuality–since it’s grounded not in abstract notions of cooperation but in survival need, not in static posture but in active gesture, not in vague sentiments of similarity but in concrete experience shared to an astonishing degree, despite cultural, historical, linguistic, and other barriers. Labor contractions feel the same everywhere. So does rape and battery. I don’t necessarily always agree with many feminists that women have access to some mysteriously inherent biological nexus, but I do believe that Elizabeth Cady Stanton was onto something when she signed letters, Thine in the bonds of oppressed womanhood (italics mine). Let us hope–and act to ensure–that as women break those bonds of oppression, the process of freeing the majority of humanity will so transform human consciousness that women will not use our freedom to be isolatedly individuated as men have done. In the meanwhile, the bonds do exist; let’s use them creatively.

Not that the mechanistic universe inhabited by the family of Man takes notice of this quarky interrelationship between the hardly visible subparticles that merely serve to keep Man and his [sic] family alive. No, such particles are unimportant, fantastical, charming perhaps (as quarks or the fair sex tend to be). But they are to be taken no more seriously than fairytales.

Yet if Hans Christian Andersen characters so diverse as the Little Mermaid, the Robber Girl, the Snow Queen, and the Little Match Girl had convened a meeting to discuss ways of bettering their condition, one could imagine that the world press would cover that as a big story. When something even more extraordinary, because more real, happened in Andersen’s own city for three weeks during July 1980, it barely made the news.

Approximately ten thousand women from all over the planet began arriving in Copenhagen, Denmark, even before the formal opening on July 14 of the United Nations Mid-Decade World Conference for women. The conference was to become a great, sprawling, rollicking, sometimes quarrelsome, highly emotional, unashamedly idealistic, unabashedly pragmatic, visionary family reunion. In 1975, the U.N. had voted to pay some attention to the female more-than-half of the human population for one year–International Women’s Year–but extended the time to a decade after the indignant outcry of women who had been living, literally, in the International Men’s Year for approximately ten millennia of patriarchy. Still, here we were, in the middle of our decade, in Copenhagen. We came in saris and caftans, in blue jeans and chadors, in African geles, pants-suits, and dresses. We were women with different priorities, ideologies, political analyses, cultural backgrounds, and styles of communication. The few reports that made it into the U.S. press emphasized those differences, thereby overlooking the big story–that these women forged new and strong connections.

There were two overlapping meetings in Copenhagen. One was the official U.N. conference–which many feminists accurately had prophesied would be more a meeting of governments than of women. Its delegates were chosen by governments of U.N. member states to psittaceously repeat national priorities–as defined by men.

The official conference reflected the government orientation: many delegations were headed by men and many more were led by safe women whose governments were certain wouldn’t make waves. This is not to say that there weren’t some real feminists tuckd away even in the formal delegations, trying gallantly to influence their respective bureaucracies towards more human concern with actions that really could better women’s lives. But the talents of these sisters within were frequently ignored or abused by their own delegations for political reasons.

A case in point was the U.S. delegation, which availed itself greedily of all the brilliant and unique expertise of Koryne Horbal (then U.S. representative to the U.N. Commission on the Status of Women), and of all the groundwork she had done on the conference for the preceding two years–including being the architect of CEDAW, the Convention to Eliminate All Forms of Discrimination Against Women–but denied her press visibility and most simple courtesies because she had been critical of the Carter administration and its official policies on women. But Horbal wasn’t the only feminist within. There were New Zealand’s member of Parliament, the dynamic twenty-eight-year-old Marilyn Waring, and good-humored Maria de Lourdes Pintasilgo, former prime minister of Portugal, and clever Elizabeth Reid of Australia–all of them feminists skilled in the labyrinthian ways of national and international politics, but with priority commitment to populist means of working for women–who still managed to be effective inside and outside the structures of their governments.

The other conference, semiofficially under U.N. aegis, was the NGO (Non-Governmental Organization) Forum. It was to the Forum that ordinary folks came, having raised the travel fare via their local women’s organizations, feminist alternative media, or women’s religious, health, and community groups. Panels, workshops, kaffeeklatsches, cultural events, and informal sessions abounded.

Statements emerged and petitions were eagerly signed: supporting the prostitutes in S?@c3;a3;o Palo, Brazil, who that very week, in an attempt to organize for their human rights, were being jailed, tortured, and, in one case, accidentally executed; supporting Arab and African women organizing against the practice of female genital mutilation; supporting U.S. women recently stunned by the 1980 Supreme Court decision permitting federal and state denial of funds for medical aid to poor women who need safe, legal abortions–thus denying the basic human right of reproductive freedom; supporting South African women trying to keep families together under the maniacal system of apartheid; supporting newly exiled feminist writers and activists from the U.S.S.R.; supporting women refugees from Afghanistan, Campuchea [Cambodia], Palestine, Cuba, and elsewhere.

Protocol aside, the excitement among women at both conference sites was electric. If, for instance, you came from Senegal with a specific concern about rural development, you would focus on workshops about that, and exchange experiences and how-to’s with women from Peru, India–and Montana. After one health panel, a Chinese gynecologist continued talking animatedly with her scientific colleague from the Soviet Union–Sino-Soviet saber-rattling forgotten or transcended.

Comparisons developed in workshops on banking and credit between European and U.S. economists and the influential market women of Africa. The list of planned meetings about Women’s Studies ran to three pages, yet additional workshops on the subject were created spontaneously. Meanwhile, at the International Women’s Art Festival, there was a sharing of films, plays, poetry readings, concerts, mime shows, exhibits of painting and sculpture and batik and weaving, the interchanging of art techniques and of survival techniques. Exchange subscriptions were pledged between feminist magazines in New Delhi and Boston and Tokyo, Maryland and Sri Lanka and Australia. And everywhere the conversations and laughter of recognition and newfound friendships spilled over into the sidewalks of Copenhagen, often until dawn.

We ate, snacked, munched–and traded diets–like neighbor women, or family. A well-equipped Argentinian supplied a shy Korean with a tampon in an emergency. A Canadian went into labor a week earlier than she’d expected, and kept laughing hilariously between the contractions, as she was barraged with loving advice on how to breathe, where to rub, how to sit (or stand or squat), and even what to sing–in a chorus of five languages, while waiting for the prompt Danish ambulance. North American women from diverse ethnic ancestries talked intimately with women who still lived in the cities, towns, and villages from which their own grandmothers had emigrated to the New World. We slept little, stopped caring about washing our hair, sat on the floor, and felt at home with one another.

Certainly, there were problems. Simultaneous translation facilities, present everywhere at the official conference, were rarely available at the grass-roots forum. This exacerbated certain sore spots, like the much-ballyhooed Palestinian-Israeli conflict, since many Arab women present spoke Arabic or French but not English–the dominant language at the forum. That conflict–played out by male leadership at both the official conference and the forum, using women as pawns in the game–was disheartening, but not as bad as many of us had feared.

The widely reported walkout of Arab women during Madam Jihan Sadat’s speech at the conference was actually a group of perhaps twenty women tiptoeing quietly to the exit. This took place in a huge room packed with delegates who–during all the speeches–were sitting, standing, and walking about to lobby loudly as if on the floor of the U.S. Congress (no one actually listens to the speeches; they’re for the recrd).

Meanwhile, back at the forum, there was our own invaluable former U.S. congresswoman Bella Abzug (officially unrecognized by the Carter-appointed delegation but recognized and greeted with love by women from all over the world). Bella, working on coalition building, was shuttling between Israelis and Arabs. At that time, Iran was still holding the fifty-two U.S. hostages, but Bella accomplished the major miracle of getting a pledge from the Iranian women that if U.S. mothers would demonstrate in Washington for the shah’s ill-gotten millions to be returned to the Iranian people (for the fight against women’s illiteracy and children’s malnutrition), then the Iranian women would march simultaneously in Teheran for the hostages to be returned home to their mothers. Bella’s sensitivity and cheerful, persistent nudging on this issue caused one Iranian woman to throw up her hands, shrug, and laugh to me, What is with this Bella honey person? She’s wonderful. She’s impossible. She’s just like my mother.

The conference, the forum, and the arts festival finally came to an end. Most of the official resolutions were predictably bland by the time they were presented, much less voted on. Most of the governments will act on them sparingly, if at all. Consequently, those women who went naively trusting that the formal U.N. procedures would be drastically altered by such a conference were bitterly disappointed. But those of us who went with no such illusions, and who put not our trust in patriarchs, were elated. Because what did not end at the closing sessions isthat incredible networking–the echoes of all those conversations, the exchanged addresses–and what that will continue to accomplish.

— Robin Morgan (1981): Blood Types: An Anatomy of Kin, reprinted in The Word of a Woman: Feminist Dispatches 1968–1992, pp. 115–120.

You know the rules; here’s the quote. Lucky #13 was either airplane reading or bus reading; I don’t recall precisely what I was reading when. In either case, though, it’s from the Preface to Jill Lepore’s new book, New York Burning: Liberty, Slavery, and Conspiracy in Eighteenth-Century Manhattan. It’s the story of something that many of us know about, and some other things that almost all of us have forgotten, but need to remember. Thus:

This book tells the story of how one kind of slavery made another kind of liberty possible in eighteenth-century New York, a place whose past has long been buried. It was a beautiful city, a crisscross of crooked cobblestone streets boasting both grand and petty charms: a grassy park at the Bowling Green, the stone arches at City Hall, beech trees shading Broadway like so many parasols, and, off rocky beaches, the best oysters anywhere. I found it extremely pleasant to walk the town, one visitor wrote in 1748, for it seemed like a garden. But on this granite island poking out like a sharp tooth between the Hudson and East rivers, one in five inhabitants was enslaved, making Manhattan second only to Charleston, South Carolina, in a wretched calculus of urban unfreedom.

New York was a slave city. Its most infamous episode is hardly known today: over a few short weeks in 1741, ten fires blazed across the city. Nearly two hundred slaves were suspected of conspiring to burn every building and murder every white. Tried and convicted before the colony’s Supreme court, thirteen black men were burned at the stake. Seventeen more were hanged, two of their dead bodies chained to posts not far from the Negroes Burial Ground, left to bloat and rot. One jailed man cut his own throat. Another eighty-four men and women were sold into yet more miserable, bone-crushing slavery in the Caribbean. Two white men and two white women, the alleged ringleaders, were hanged, one of them in chains; seven more white men were pardoned on the condition that they never set foot in New York again.

What happened in New York in 1741 is so horrifying–Bonfires of the Negroes, one colonist called it–that it’s easy to be blinded by the brightness of the flames. But step back, let the fires flicker in the distance, and they cast their light not only on the 1741 slave conspiracy but on the American paradox, illuminating a far better known episode in New York’s past: the 1735 trial of the printer John Peter Zenger.

In 1732, a forty-two-year-old English gentleman named William Cosby arrived in New York, having been appointed governor by the king. New Yorkers soon learned, to their dismay, that their new governor ruled y a three-word philosophy: God damn ye. Rage at Cosby’s ill-considered appointment grew with his every abuse of the governorship. Determined to oust Cosby from power, James Alexander, a prominent lawyer, hired Zenger, a German immigrant, to publish an opposition newspaper. Alexander supplied scathing, unsigned editorials criticizing the governor’s administration; Zenger set the type. The first issue of Zenger’s New-York Weekly Journal was printed in November 1733. Cosby could not, would not abide it. He assigned Daniel Horsmanden, an ambitious forty-year-old Englishman new to the city, to a committee, charged with pointing out the particular Seditious paragraphs in Zenger’s newspaper. The governor then ordered the incendiary issues of Zenger’s newspaper burned, and had Zenger arrested for libel.

Zenger was tried before the province’s Supreme Court in 1735. His attorney did not deny that Cosby was the object of the editorials in the New-York Weekly Journal. Instead, he argued, first, that Zenger was innocent because what he printed was true, and second, that freedom of the press was especially necessary in the colonies, where other checks against governors’ powers were weakened by their distance from England. It was an almost impossibly brilliant defense, which at once defied legal precedent–before the Zenger case, truth had never been a defense against libel–and had the effect of putting the governor on trial, just what Zenger’s attorney wanted, since William Cosby, God damn him, was a man no jury could love. Zenger was acquitted. The next year, James Alexander prepared and Zenger printed A Brief Narrative of the Case and Trial of John Peter Zenger, which was soon after reprinted in Boston and London. It made Zenger famous.

But the trial of John Peter Zenger is merely the best-known episode in the political maelstrom that was early eighteenth-century New York. We are in the midst of Party flames, Daniel Horsmanden wrly observed in 1734, as Cosby’s high-handedness ignited the city. Horsmanden wrote in an age when political parties were considered sinister, invidious, and destructive of good government. As Alexander Pope put it in 1727, Party is the madness of many, for the gain of a few. Or, as Viscount St. John Bolingbroke remarked in his 1733 Dissertation upon Parties: The spirit of party … inspires animosity and breeds rancour. Nor did the distaste for parties diminish over the course of the century. In 1789, Thomas Jefferson wrote: If I could not go to heaven but with a party, I would not go there at all.

Parties they may have despised, but, with William Cosby in the governor’s office, New Yorkers formed them, dividing themselves between the opposition Country Party and the Court Party, loyal to the governor. Even Cosby’s death in March 1736 failed to extinguish New York’s Party flames. Alexander and his allies challenged the authority of Cosby’s successor, George Clarke, and established a rival government. Warned of a plot to seize his person or kill him in the Attempt, Clarke retreated to Fort George, at the southern tip of Manhattan, & put the place in a posture of Defence. In the eyes of one New Yorker, we had all the appearance of a civil War.

And then: nothing. No shots were fired. Nor was any peace ever brokered: the crisis did no so much resolve as it dissipated. Soon after barricading himself in Fort George, Clarke received orders from London confirming his appointment. The rival government was disbanded. By the end of 1736, Daniel Horsmanden could boast, Zenger is perfectly silent as to polliticks. Meanwhile, Clarke rewarded party loyalists: in 1737 he appointed Horsmanden to a vacant seat on the Supreme Court. But Clarke proved a more moderate man than his predecessor. By 1739, under his stewardship, the colony quieted.

What happened in New York City in the 1730s was much more than a dispute over the freedom of the press. It was a dispute about the nature of political opposition, during which New Yorkers briefly entertained the heretical idea that parties were not only necessary in free Government, but of great Service to the Public. As even a supporter of Cosby wrote in 1734, Parties are a check upon one another, and by keeping the Ambition of one another within Bounds, serve to maintain the public Liberty. And it was, equally, a debate about the power of governors, the nature of empire, and the role of the law in defending Americans against arbitrary authority–the kind of authority that constituted tyranny, the kind of authority that made men slaves. James Alexander saw himself as a defender of the rule of law in a world that, because of its very great distance from England, had come to be ruled by men. His opposition was not so much a failure as a particularly spectacular stretch of road along a bumpy, crooked path full of detours that, over the course of the century, led to American independence. Because of it, New York became infamous for its unruly spirit of independency. Clarke, shocked, reported to his superiors in England that New Yorkers believe if a Governor misbehave himself they may depose him and set up an other. the leaders of the Country Party trod very near to what, in the 1730s, went by the name of treason. A generation later, their sons would call it revolution.

In early 1741, less than two years after Clarke calmed the province, ten fires swept through the city. Fort George was nearly destroyed; Clarke’s own mansion, inside the fort, burned to the ground. Daniel Horsmanden was convinced that the fires had been set on Foot by some villainous Confederacy of latent Enemies amongst us, a confederacy that sounded a good deal like a violent political party. But which enemies? No longer fearful that Country Party agitators were attempting to take his life, Clarke, at Horsmanden’s urging, turned his suspicion on the city’s slaves. With each new fire, panicked white New Yorkers cried from street corners, The Negroes are rising! Early evidence collected by a grand jury appointed by the Supreme Court hinted at a vast and elaborate conspiracy: on the outskirts of the city, in a tavern owned by a poor and obscure English cobbler named John Hughson, tens and possibly hundreds of black men had been meeting secretly, gathering weapons and plotting to burn the city, murder every white man, appoint Hughson their king, and elect a slave named Caesar governor.

This political opposition was far more dangerous than anything led by James Alexander. The slave plot to depose one governor and set up another–a black governor–involved not newspapers and petitions but arson and murder. It had to be stopped. In the spring and summer of 1741, New York magistrates arrested 20 whies and 152 blacks. To Horsmanden, it seemed very probable that most of the Negroes in Town were corrupted. Eighty black men and one black woman confessed and named names, sending still more to the gallows and the stake.

That summer, a New Englander wrote an anonymous letter to New York. I am a stranger to you & to New York, he began. But he had heard of the bloody Tragedy afflicting the city: the relentless cycle of arrests, accusations, hasty trials, executions, and more arrests. This puts me in mind of our New England Witchcraft in the year 1692, he remarked, Which if I dont mistake New York justly reproached us for, & mockt at our Credulity about.

Here was no idle observation. The 1741 New York conspiracy trials and the 1692 Salem witchcraft trials had much in common. Except that what happened in New York in 1741 was worse, and has been almost entirely forgotten. In Salem, twenty people were executed, compared to New York’s thirty-four, and none were burned at the stake. However much it looks like Salem in 1692, what happened in New York in 1741 had more to do with revolution than witchcraft. and it is inseparable from the wrenching crisis of the 1730s, not least because the fires in 1741 included attacks on property owned by key members of the Court Party; lawyers from both sides of the aisle in the legal battles of the 1730s joined together to prosecute slaves in 1741; and slaves owned by prominent members of the Country Party proved especially vulnerable to prosecution.

But the threads that tie together the crises of the 1730s and 1741 are longer than the list of participants. The 1741 conspiracy and the 1730s opposition party were two faces of the same coin. By the standards of the day, both faces were ugly, disfigured, deformed; they threatened the order of things. But one was very much more dangerous than the other: Alexander’s political party plotted to depose the governor; the city’s slaves, allegedly, plotted to kill him. The difference made Alexander’s opposition seem, relative to slave rebellion, harmless, and in doing so made the world safer for democracy, or at least, and less grandly, both more amenable to and more anxious about the gradual and halting rise of political parties.

Whether enslaved men and women actually conspired in New York in 1741 is a question whose answer lies buried deep in the evidence, if it survives at all. It is worth excavating carefully. But even the specter of a slave conspiracy cast a dark shadow across the political landscape. Slavery was, always and everywhere, a political issue, but what happened in New York suggests that it exerted a more powerful influence on political life: slaves suspected of conspiracy constituted both a phantom political party and an ever-threatening revolution. In the 1730s and ’40s, the American Revolution was years away and the real emergence of political parties in the new United States, a fitful process at best, would have to wait until the last decade of the eighteenth century. (Indeed, one reason that colonists only embraced revolution with ambivalence and accepted parties by fits and starts may be that slavery alternately ignited and extinguished party flames: the threat of black rebellion made white political opposition palatable, even as it established its limits and helped heal the divisions it created.) But during those fateful months in the spring and summer of 1741, New York’s Court Party, still reeling from the Country Party’s experiments in political opposition, attempted to douse party flames by burning black men at the stake. New York is not America, but what happened in that eighteenth-century slave city tells one story, and a profoundly troubling one, of how slavery destabilized–and created–American politics.

–Jill Lepore (2005), New York Burning: Liberty, Slavery, and Conspiracy in Eighteenth-Century Manhattan (ISBN 1400040299). xii–xviii.

With apologies to Max Weber and H. L. Mencken.

IN NOVEMBER 2004, LUCY WIGHTMAN BEGAN RECEIVING anonymous e-mails that threatened to unravel the life she had crafted as a psychologist in two affluent Boston suburbs. It was, by all accounts, a good life. Her practice, South Shore Psychology Associates, was thriving, with an office first in Hingham, then in Norwell. In addition to her adult clients, children came after school, referred by pediatricians, school counselors, and fellow psychologists. She was liked in part because she was more laid-back than your typical psychologist. She didn’t wear makeup, and dressed in flowing skirts and turtleneck sweaters during her meetings with patients. Often her dog, Perry, was by her side. My daughter, says one Braintree mother, fell in love with her at first sight.

… LUCY WIGHTMAN USED TO BE KNOWN AS PRINCESS CHEYENNE, a stage name she was given, she says, by a strip-club owner. Back in the 1970s and ’80s, she welcomed notoriety, but that kind of attention was not going to be as good for her new career. In early 2005, three months after Wightman received the first threats, Princess Cheyenne was back in the news, her story broadcast on Fox 25 Undercover, as the e-mail writer had promised. Three days later, the state Office of Consumer Affairs and Business Regulation announced that investigators were trying to determine if Wightman, in presenting herself as a psychologist, had broken the law.

Then, on October 6, the state attorney general’s office and a Suffolk County grand jury came down hard. Wightman was indicted on 26 counts of felony larceny, six counts of filing false health-care claims, six counts of insurance fraud, and one count of practicing psychology without a license. Michael Goldberg, the president of the Massachusetts Psychological Association and a psychologist in Norwood, compares it to a surgeon operating without a medical license.

… When Al Deluca, 38, began seeing Wightman in the summer of 2003 to talk about his marital problems, he says Wightman told him not to file an insurance claim because she was not licensed. Many patients, however, believed that she was. The word psychology was in her business name, and that, according to Eric Harris, a lawyer for the Massachusetts Psychological Association, is enough to put an unlicensed practitioner in violation of the law. Her e-mail address is Dr. Wightman. Her billing statements are printed with Lucy Wightman, Ph.D.

… While a person can legally practice psychotherapy without a license in Massachusetts, state law requires that psychologists have a degree in psychology from a state-recognized doctoral program and that they be licensed with the state Division of Professional Licensure. Licensed psychologists must also have two years of supervised training. They must take specific courses, pass an exam, and meet continuing-education standards long after they have tacked their degrees to the wall.

… “I HAVE A FULL CASE LOAD RIGHT NOW,” WIGHTMAN E-MAILED IN mid-November. She was talking about her practice, still running and apparently still prospering. The name has changed. It’s now called South Shore Psychotherapy, a notable distinction legally. The people who come to see her don’t care what she calls herself. She made a mistake, I think, in using the word psychology in her business name. But I don’t think what she did warrants all the attention and all the charges that have been levied against her, Al Deluca says. I think Lucy is being used. If this whole thing about her being a stripper had never come out, then this would have died.

— Keith O’Brien, The Boston Globe (2006-01-22): Exposed

(Link thanks to Lori Leibovich @ Broadsheet (2006-01-27).)

If we didn’t have the State to enforce guild rules and save us all from the dire threat of people calling themselves psychologists instead of psychotherapists without a permission slip, who would? If the government won’t stand up to keep people from suffering unauthorized conversations about their problems with a smart, warm, laid-back adviser that they like to talk to, then who will?

Bureaucratic rationality, n.: The haunting fear that someone, somewhere, may have something good in their life without permission.