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Labor On The Fringes of Empire Voice Exit and The Law 1St Edition Alessandro Stanziani Auth Full Chapter
Labor On The Fringes of Empire Voice Exit and The Law 1St Edition Alessandro Stanziani Auth Full Chapter
LABOR ON THE
FRINGES OF EMPIRE
Voice, Exit and the Law
Alessandro Stanziani
Palgrave Series in Indian Ocean World Studies
Series editor
Gwyn Campbell
McGill University
Montreal, Canada
This is the first scholarly series devoted to the study of the Indian Ocean
world from early times to the present day. Encouraging interdisciplinarity,
it incorporates and contributes to key debates in a number of areas includ-
ing history, environmental studies, anthropology, sociology, political sci-
ence, geography, economics, law, and labor and gender studies. Because it
breaks from the restrictions imposed by country/regional studies and
Eurocentric periodization, the series provides new frameworks through
which to interpret past events, and new insights for present-day policymak-
ers in key areas from labor relations and migration to diplomacy and trade.
This book benefited from the many discussions and assistance from col-
leagues, friends and students. In India, I found the help and benevolent
criticism of organizers of the biannual meeting at the Association of Indian
labor History—Rana Behal, Chitra Joshi, and Prabhu Mohapatra, as well
as from the participants to these workshops that I had the great pleasure
to see growing over time from a small event to a huge world conference.
A special thanks also to my colleagues and friends interested in global
labor history—Andreas Eckert (Re-work, Berlin), Marcel Van Der Linden
(IISG Amsterdam), and Ulbe Bosma (IISG, Amsterdam). I also benefited
from the comments of specialists in African history—Frederick Cooper
(NYU), Gareth Austin (Cambridge University), Babacar Fall (University
Cheik Anta Diop, Dakar), Richard Roberts (Stanford). Gwyn Campbell
(McGill) and Claude Markovits (CNRS, Paris) provided valuable insights
in discussions of the Indian Ocean World. Global History specialists
helped me in connecting the different chapters. First of all, friends with
whom I have shared joint projects for several years: Jeremy Adelman
(Princeton), Sven Beckert (Harvard), Sebastian Conrad (Freie University,
Berlin), Sheldon Garon (Princeton), and Masashi Haneda (Tokyo
University). Also: William Gervase Clarence Smith (SOAS, London),
Patrick O’Brien (LSE), Giorgio Riello (Warwick), and Thirtankar Roy
(LSE). In Paris, Paul-André Rosental (Sciences-Po), and Gilles Postel-
Vinay were constant readers of my efforts. I also benefited from discus-
sions with colleagues at the EHESS: Corinne Lefèvre, Natalia Muchnik,
Xavier Paulès, Antonella Romano, Silvia Sebastiani, Larissa Zakharova,
and Ines Zupanov.
vii
viii ACKNOWLEDGEMENTS
ix
x Contents
Index 325
List of Tables
xiii
CHAPTER 1
In 1873, on Reunion Island, an Indian with an iron collar around his neck
and chains attached to his feet, knocked at the door of the Court of
Appeals of Saint-Denis de la Réunion. He declared he was regularly
beaten, shackled and thrown into jail by his master, even though he was
theoretically free. He had already lodged several complaints with the
Immigration Protection Society, which nevertheless refused to take legal
action against the white planter. When the planter learned of the com-
plaints, he had the laborer chained and flogged. It was several years before
the court finally sentenced the planter to pay the Indian meager damages.1
Like him, more and more “coolies” (Indian and Chinese immigrants)
took their cases to court; despite the indifferent and sometimes corrupt
judges, the coolies persisted. Little by little, they began setting aside small
amounts of money; after five, seven or sometimes ten or twelve years they
went home to India. Disasters frequently befell them during these return
voyages: the ships were old, often overloaded and exposed to the dangers
of the crossing, and the white officers had no misgivings about abandon-
ing the vessels along with their passengers. The scandals multiplied, but no
real solution was found.2
Worse still, the expansion of European colonial empires led to violent
treatment and coerced displacement of laborers. The port of Aden, a
British protectorate located far from Reunion Island, was an important
Yet in the Indian Ocean, Africa and the Americas, even after slavery was
officially ended, the world of labor continued to be a world of unequal and
sometimes extreme exploitation and violence, in which the boundary line
between freedom and unfreedom—so clear-cut in theory—was far less
obvious in practice. Only a thin, shadowy line separated—or rather, uni-
fied—them over time and space. This book explains why.
In the past as well as today, debates about abolition have essentially focused
on two interrelated questions: (1) whether nineteenth- and early twentieth-
century abolitions were a major break from previous centuries (or even
millennia) in the history of humankind during which bondage had been
the dominant form of labor and human condition8; and (2) whether they
represent an achievement specific to the Western bourgeoisie and liberal
civilization. Both questions are Eurocentric: they place the West at the
origin of historical dynamics without examining the active role other
actors and regions played in the process.
To avoid these pitfalls, we will assume first of all that so-called “free”
forms of labor and bondage were defined and practiced in relation to each
other, not only within each country and region, but also on a global scale.
Historians of slavery and abolition do not usually sit at the same table as
historians of wage labor in Europe and the West; these historiographies
operate as if they were completely disconnected histories. Over the last 20
years, a new historiography has stressed the connections between free and
unfree labor in a global perspective.9 We will follow this perspective here
in greater detail. The strength of global history lies not in collecting
second-hand banalities common to a number of different worlds, but
rather in arriving at a relevant representation of this multiplicity through
local specificities.10 Connections, entanglements and overall structural
dynamics do not necessarily demand a world synthesis11; instead, they
address specific questions using multiple scales.12
This book focuses on specific areas in India, the Indian Ocean and
Africa, a choice that requires some explanation. The Atlantic paradigm has
largely shaped our interpretation of modernity, made up of discoveries,
European supremacy, global capitalism, the passage from slavery to free
labor and a rather distinctive chronology. Slavery and U.S. independence,
4 A. STANZIANI
Abolitionism in India
The case of India was extremely relevant in nineteenth-century historiog-
raphy and remains so today because it challenged predefined notions or
ahistorical definitions of slavery and freedom.24 To discuss the limits of
utilitarianism and the failure of nineteenth-century liberalism to conceive
of equal rights in the colonial context, it is necessary to examine abolition-
ism in India.25 Our approach is as follows: because it is impossible to deter-
mine whether or not Indian forms of bondage were equivalent to slavery
based on modern day definitions of slavery and forced labor, we have to
start from the notions, categories and practices of the period.
In this book, the study of abolitionism in India distances itself from
both subaltern approaches and colonial and post-colonial studies. Unlike
6 A. STANZIANI
reinforced the position of those, like Henri Maine, who supported the
principle of indirect rule. This had definite repercussions, first in the Indian
Ocean, and later on the African experience, where Maine’s account of a
traditional society in crisis supplied a rationale for indirect imperial rule.33
Finally, the case of India will lead us to a discussion of how liberal utilitari-
anism was transmuted and implemented on the ground, its complex
notions of freedom and its ultimate failure to provide freedom and welfare
to Indian laboring people.
French Abolitionism
Countless comparisons have been made between the French and British
Empires dating back at least to the eighteenth century. There have been
general comparisons41 and comparisons concentrating on specific areas
(the Atlantic, Asia, the Indian Ocean and Africa).42 Some works compared
the two empires in terms of sovereignty and rights,43 others focused on
military concerns,44 the economy,45 labor, slavery and abolitionism,46 and
still others on cultural values and intellectual history.47 We do not intend
to provide another comparative overview of the two empires. Instead, we
will study in detail how the French connected abolitionism in the colonies
to labor relationships in the mainland, why they were opposed to each
other and how the principles were implemented in specific contexts. These
policies will be compared with what “freedom” meant to former slaves
and new immigrants and the actions they undertook to gain it. After sum-
marizing the main French political and intellectual attitudes towards slav-
ery from the eighteenth century to 1848, we will take a close look at the
debates that took place between 1848 and 1851, when labor became the
focal point of reforms both in France and in its colonies. We will offer a
completely new view of the relationship between the two, and hence of
the impact of the 1848 revolution on labor in a global perspective.48
We will then move to Reunion Island, which affords a direct parallel
with Mauritius while formally belonging to a different empire. In this case
as well, we will explore detailed plantation, district and police archives in
order to depict daily life, labor and resistance. Compared to Mauritius,
Reunion Island engaged in the widespread use of so-called “benevolent”
forms of colonialism, which were not in fact based on charity, much less on
legal rights, and in the end resorted to harsh treatment and subsidies for
immigrants.
In the next chapter, we will follow the transfer of British and French
labor rules and practices from the Indian Ocean to Africa. Imperial and
colonial histories put too much emphasis on the relationships between the
“core” and the “periphery”: India vs. Britain, Africa vs. Europe, and so
forth. Here we would like to introduce a more complex approach in which
Indian-Indian Ocean-African connections offer a multicentered view of
imperial dynamics. The shift from the Indian Ocean to Africa reflects
actual historical dynamics, with the transmission of institutions, people
and notions between India, Britain and Africa (e.g. definitions of slavery
and of servants, the role of Henry Maine in defining both imperial
10 A. STANZIANI
were supported by the abolition of slavery in India and the Indian Ocean
and the introduction of indentured immigration, as well as the forms of
sovereignty in the colonial context.56 We will pay special attention to
French Equatorial Africa, which was described by French colonial elites at
the turn of the century as the Cinderella of French colonial possessions.57
Here French attitudes were the most brutal, profits were low, control over
the local population was weak and legal rights for the local population—
already limited in other colonies—were almost non-existent. Yet the limits
of European abolitionism in Africa testify not only to those of imperialism
but also to a broader connection between neocolonialism and the trans-
mutation of capitalism in Europe itself, notably, the second industrial rev-
olution and the emergence of the welfare state. We will show that new
rules more favorable to working people in France (and Britain as well)
purposely excluded colonial “subjects” who were considered too back-
ward to comply with them correctly. In fact, as we will see, companies
operating in Africa were convinced they could not assume the same cost of
labor as in France because indigenous labor was less productive. Labor
unions, on the other hand, had just been admitted to the political arena
and they were negotiating better conditions for workers than at any time
since the industrial revolution. Thus, while they criticized colonialism,
they also thought that immigration should be stopped and the new wel-
fare benefits could not be extended to colonial labor. Their opposition was
based on two concerns: first, they saw immigrants as competitors of the
national labor force, who would consequently be underpaid; and second,
they feared that unions would lose the difficult negotiations with capital-
ists and the government if they included all labor—national and colonial—
in the new welfare project.
To sum up, all the chapters show the reciprocal though asymmetrical
connections between Western Europe (especially Britain and France) and
India, Africa and the Indian Ocean, and certain parts of them in particular.
This approach demands that we specify our sources and methods of
analysis.
uring the period under study. The general process of the passage from
d
the oral to the written world expresses the gradual domination of some
social groups over others and some societies over others.58 In colonial
societies, writing was central to the expression of colonial authority, which
was reflected in ethnography, political administration59 and in legal codifi-
cation.60 At the same time, the richness of the documents and their signifi-
cant number demonstrate that the conventional opposition between the
literate elites and “the others” was already on the wane in the nineteenth
century, judging by, among others, the magnificent works by Jeffrey
Brooks on Russia,61 Pier Larson and Clare Anderson on the Indian
Ocean,62 and the numerous collections of letters and songs written by
English sailors.63 These sources stand as unique testimonials and examples
of an important form of self-expression. They are not the only ones. The
correspondence between estate owners, shipbuilders, captains, concession
companies and institutions offers enlightening perspectives: these sources
reveal, for example, how hard it was for these “hegemonic” actors to coor-
dinate their actions due to lack of information as well as divergent inter-
ests. No doubt their voice carried more weight than that of the laborers,
but they were often divided, as the archives of estates and plantations in
India, Africa and the Indian Ocean show. Through these documents, we
can grasp how estate owners, planters and concession companies evaluated
their workforce, kept track of their expenses, recorded breaches of con-
tract and translated them into days of labor and/or monetary penalties,
gave laborers permission to engage in commerce or to marry, and so on.
On the island of Mauritius, landowners had to choose between managing
their estates directly and employing an overseer. We will see that they cal-
culated profitability according to race (i.e. the attitude of Africans towards
work compared to that of Chinese and Indians) and sex. The justification
for these differences was based on the real or presumed productivity of the
laborers as well as their obedience and subordination within the estate
power structure. The plantation archives reveal the conflicts that arose
among estate owners, their complicated relationships with colonial author-
ities and the fact that planters were focused solely on extracting as much
extra labor as possible from their workforce with little concern about
medium-term productivity or profitability. Violence and abuse were an
integral part of this world. Runaways, days and hours of absence and ill-
ness, and penalties expressed in monetary terms or days of labor indicate
resistance on the part of laborers and the planters’ dogged determination
to regulate and control the production process. The considerable variations
INTRODUCTION: PROGRESS AND (UN)FREEDOM 13
from one estate to the next can be traced to a number of variables: direct
or indirect management, the origin of the laborers, the size of the estate,
contract length, and so on. The penalties imposed on immigrants and the
abuses they suffered were rooted not only in an economy of institutional-
ized extortion, but also in an extreme interpretation of the Masters and
Servants standards of colonial law. The goal was to retain an unpaid work-
force for as long as possible. The slow evolution of the world of labor took
place precisely in the relationship between tolerated violence and
extortion.
In French Equatorial Africa, the concessions formed a system of virtual
monopoly supported by the colonial state and supervised mainly by over-
seers rather than by company shareholders. The concession company
archives provide information on how labor was described, named and
used. In theory, the laborers were not slaves, but they were also resolutely
unpaid. No distinction was made between voluntary labor and labor ser-
vice (corvée) in the records of labor performed. In this particular context,
the archives show that items relating to forced recruitment, labor service
and tax payment were all listed under the same heading as “services.”
Contrary to the situation in Mauritius and Reunion Island, in the Congo,
concession companies were encouraged to produce detailed budgetary
accounts for the authorities and shareholders in Paris as well as summary
reports on labor, the recruits’ living and working conditions and any pen-
alties imposed. In contrast to other colonial contexts, in this case penalties
did not require justification. The very fact of being a native and therefore
“indolent” and “insubordinate” was sufficient grounds for punishment.
This book will make wide use of judicial archives. The “effectiveness of
law” reveals an anxiety widely shared among historians and expresses a
particular approach to law. Laws are placed on the statute book but they
could quickly become dead letters. Such laws are said to have little impact
on the “real lives” of most people. Therefore, historians want to know to
what extent laws were enforced. This view misses the point: judicial statis-
tics reveal not how rules affect the behavior of ordinary people, but merely
the extent to which they are formally enforced. As a legal historian has
pointed out, there may, for example, be little enforcement and widespread
disobedience or little enforcement and loss of compliance.64 We will dis-
cuss this methodological question at length in the next chapter. For now,
suffice it to say that in studying “law in action” we must keep in mind that
the amount of litigation does not indicate the impact of rules on “real
life,” but rather the extent to which people could access the means to
14 A. STANZIANI
enforce their legal rights.65 The sources often show interactions between
multiple authorities—overseers, estate owners, and so forth; and interme-
diaries, local communities, chiefs, and laborers. We will examine how the
law was used in concrete situations, by whom and what impact it had on
labor and social inequalities. We will see that, in the end, unequal rights,
ordinary violence and coercion were part and parcel of everyday life. But
why? How can we possibly explain persistent legal, political, economic and
social inequalities despite the abolitionist acts and the French, the American
and the Haitian revolution? Why did coercion, violence and forced labor
outlive not only abolitionism but also technical progress and the industrial
revolution?
To answer these questions, before moving on to discuss empirical evi-
dence, we need to say a few words about approaches and methods.
Categories such as coercion, power, rights and freedom address the deli-
cate balance between ahistorical concepts arising from economics, sociol-
ogy, political science and philosophy, on the one hand, and historical
materials on the other. The next chapter will be devoted to examining how
these two perspectives can be reconciled. We aim to make a convincing
case for our approach, which consists in seeing categories “in action”,
understanding what they meant in their historical context and how they
evolved in the hands of the actors themselves. We are not giving up the
dialogue with social sciences, quite the contrary; we are inserting these
disciplinary perspectives into appropriate historical contexts.”
Notes
1. ANOM FM SM SG/Reu c 382 d 3323.
2. Robin Blackburn, The Overthrow of Colonial Slavery, 1776–1848 (London:
Verso, 1988); Gwyn Campbell, Alessandro Stanziani, eds., Bonded Labour
and Debt in the Indian Ocean (London: Pickering and Chatto, 2013);
William Gervase Clarence-Smith, ed., The Economics of the Indian Ocean
Slave Trade in the Nineteenth Century (London: Frank Cass, 1989);
Seymour Drescher, Abolitions. A History of Slavery and Antislavery
(Cambridge: Cambridge University Press, 2009); Martin Klein, ed.,
Breaking the Chains. Slavery, Bondage and Emancipation in Modern Africa
and Asia (Madison, Wisconsin: University of Wisconsin Press, 1993).
3. British Library (BL), IOR (Indian Office records), Records of the
Settlement of Aden, R/20/A/508, 1878.
4. Catherine Coquery-Vidrovitch, Le Congo (AEF) au temps des grandes com-
pagnies concessionnaires, 1898–1930 (Paris-Le Haye: Mouton, 1972); Paul
INTRODUCTION: PROGRESS AND (UN)FREEDOM 15
— Pistä poskeesi!
Ja hän kääntyi valoa kohti, riensi portaita ylös ja tuli pihalle, jolla
talon palvelusväki hyöri kuumeisesti juosten edes ja takaisin,
ikäänkuin olisi sillä ollut tavattoman tärkeä ja kiireinen asia
toimitettavana. Lo Ta jäi talon eteen seisomaan, nojasi sauvaansa ja
puhutteli palvelusväkeä huutamalla, mutta kohteliaasti.
— Munkki, mitä asiaa on teillä näin myöhäiseen aikaan tähän
taloon? — kysyttiin häneltä.
— Minä en pidä sitä niin suurena asiana, jos syönkin lihaa ja juon
väkeviä juomia, — arveli Syvähenki, — ja sanoakseni teille totuuden,
minä en ole pahoin nirsu mitä viinaan tulee, olkoonpa se sitten
puhdasta tai sekotettua, valkoista tai värikästä.
— Minun täytyy pyytää teitä, — virkkoi nyt vanha Liu, — ensi yön
nukkumaan eräässä sivurakennuksessa ja pysyä siellä ulos
tulematta, vaikka kuulisittekin melua ja meteliä ulkoa.
— Minä olen koko ajan luullut, — höpisi hän itsekseen, — että tuo
munkki tulisi jotenkin käyttämään järjenkeinoa eikä väkivaltaa
saadakseen rosvon luopumaan aikeestaan. Mutta mitä merkitsi tämä
avunhuuto? Ukko otti lyhdyn ja huusi hämmentyneenä
rosvokuninkaan saattojoukon koolle mennäkseen sen kanssa taloon
katsomaan, mitä siellä oikein tapahtui.