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1.1. International rates of imprisonment, per 100,000 3.7. “Perceptive group” of organs: supposed gender
residents 4 differences based on phrenological head size 84
1.2. State and federal imprisonment rate 3.8. Types of criminals, from Lombroso, L’homme
(excluding jails) in the United States per 100,000, criminel, 1888 93
1925–2014 4 3.9. Skulls of criminals, from Lombroso, L’homme
1.3. Rates of incarceration (including prison and jails) criminel, 1888 94
by race and ethnicity, per 100,000 6 3.10. Family tree of Kallikak Family of New Jersey
2.1. Papal bull of Pope Urban VIII, 1637 36 created by eugenicist Henry Goddard following
2.2. Enslaved people arriving in the North American the methodology developed in Dugdale’s The
colonies and the United States, 1620–1866 46 Jukes 101
2.3. Runaway slave advertisement placed by Thomas 4.1. Immigration to the United States, 1870–1930, by
Jefferson in the Virginia Gazette, Williamsburg, VA, region of origin 112
September 14, 1769 47 4.2. U.S. urban to rural shift, 1860–1920 116
2.4. Increase of cotton cultivation and number of 4.3. Growth of major U.S. cities, 1860–1900 117
enslaved people in the United States, 1790–1860 47 4.4. Legislative status of eugenical sterilization, by U.S.
2.5. “Auction & Negro Sales,” Whitehall Street, state, 1935 123
Atlanta, Georgia 48 4.5. Eugenics social reformers 125
2.6. Manifest destiny illustrated by John Gast’s 4.6. William Charles Flynn, a winner of perfect
American Progress, 1872 52 “eugenic baby” contests 127
2.7. Map of the historical territorial expansion of the 4.7. Political propaganda, Mann Act, warning against
United States of America 53 the dangers of urban amusements 130
2.8. Map of removal of native peoples from 4.8. Political propaganda, Mann Act 131
their land 55 4.9. Number of states with “white slavery” laws,
2.9. White man’s burden cartoon 59 1890–1920 132
2.10. Advertisement for Pears’ Soap from the 1890s, 4.10. Black men, possibly freedmen, ambushed by a
instructing whites to promote cleanliness among posse of white slave patrollers 145
other races 59 5.1. United Welfare Association postcard, 1915,
2.11. School begins. Uncle Sam teaches newly acquired encouraging a vote for mandated racial
U.S. territories, including the Philippines, Hawaii, segregation in Baltimore, Maryland 168
Puerto Rico, and Cuba 61 5.2. “Hell’s Half Acre” in Birmingham, Alabama,
3.1. Carl Linnaeus’s taxonomy of humans 75 1910 170
3.2. Johann Friedrich Blumenbach’s five races 77 5.3. Residential security map of Baltimore, Maryland,
3.3. Herbert Morris, “Types of the Races” 77 1937 176
3.4. Polygenism based on region 80 5.4. Levittown house 180
3.5. Phrenological chart of the faculties 82 5.5. Concrete wall in Detroit, Michigan, separating a
black neighborhood from a new suburban
3.6. “Reflective group” of organs: supposed racial
development for whites, August 1941 181
differences based on phrenological head size 83
vii
viii Illustrations
5.6. Advertisements for San Francisco redevelopment, 7.1. People killed by police by race, number per
“reclaimed from blight,” 1947 186 million, 2016 249
5.7. San Francisco neighborhood ratings example, 7.2. People injured due to law enforcement
1955 188 intervention, by race and gender, per 100,000,
5.8. Redevelopment plan for the Western Addition 189 2000–2015 249
5.9. Vacant lots between Post and Geary Streets, San 7.3. Investigatory Stop Receipt from Chicago Police
Francisco, after redevelopment 189 Department 255
5.10. CORE (Congress of Racial Equality) pickets in front 7.4. Reasons for stops by police in Ferguson, Missouri,
of 125 North St., New York City(?), protesting by race, 2013 258
slum housing conditions 191 7.5. Ferguson’s population by race compared to police
5.11. The Robert Taylor Homes in Chicago 192 department by race 258
6.1. Joseph Jarrow, “The Queen of Chinatown” 205 7.6. People killed by police during arrest, by context
and race, 2010–2012 260
6.2. Chinatown Squad of the San Francisco Police
Department posing with sledgehammers and axes 7.7. LAPD Gangster Squad, ca. 1948 262
in front of August Pistolesi’s grocery store at 752 7.8. Zoot suiters lined up outside Los Angeles jail en
Washington Street 206 route to court after feud with sailors,
6.3. Map of San Francisco’s Chinatown showing June 9, 1943 267
businesses of disrepute—gambling, prostitution, 7.9. Results of complaints against police in large
and drugs 208 municipal departments, 2002 270
6.4. Advertisement for cocaine tooth drops, 7.10. New York City population, summonses, and
March 1885 210 misdemeanor arrests by race, 2001–2013 281
6.5. “Negro Cocaine ‘Fiends’ Are a New Southern 8.1. Percent of prosecutors by race and gender, United
Menace,” New York Times, February 8, 1914 210 States, 2006 296
6.6. “Smoking Weed Turns Mexicans into Wild 8.2. Percent of judges by race, California, 2016 296
Beasts,” Cheyenne State Leader, March 29, 8.3. Percent of court defendants charged with felonies
1913 212 by race, 2009 298
6.7. Aerial view of two buildings on fire on Avalon 8.4. Length of prison sentences for black and white
Blvd. between 107th and 108th Streets during prisoners, in months 298
Watts Riots, 1965 225 8.5. Detention status after arraignment for felony
6.8. Armed police officers guard street in Watts 226 convictions, New York County 302
6.9. Race of individuals targeted in SWAT 8.6. Mean bail amount by race, 2011–2015 303
deployments, 2011–2012 232 8.7. Plea offer types for felonies, by race, New York
6.10. Disparities in use of force when SWAT is deployed County 305
and not deployed for drug searches, 2011–2012 232 8.8. Use of public defense by incarcerated people, by
6.11. LAPD battering ram after being used on a race and ethnicity 308
suspected crack house 239
8.9. Race and mandatory minimums in the federal
6.12. U.S. incarceration, 1920–2008 241 system, 2016 312
6.13. Average sentence length for federal drug and 8.10. Average length of prison sentence, in months,
other crimes, 1980 and 2011 241 for federal offenders, by race and ethnicity,
6.14. Sentences of prison or probation for federal drug 2007 313
crimes, 1980 242 8.11. Rates of conviction by race of defendant
6.15. Sentences of prison or probation for federal drug with all-white jury versus jury with one
crimes, 2014 242 black juror 317
6.16. Prisoners in state and federal prisons and local 8.12. Percent of jurors struck from jury pools by race 318
jails for drug crimes, 1980 and 2015 243 9.1. Number of people incarcerated in U.S.
6.17. U.S. states’ expenditures on corrections, state and federal prisons (excluding jails),
1985–2015 244 1926–2014 335
Illustrations ix
9.2. Imprisonment rates by gender, race, and ethnicity, 10.1. Number of people sentenced to death in the
per 100,000, 2014 335 United States, 1968–2016 377
9.3. Population under control of U.S. corrections 10.2. Number of executions in the United States since
system, 1980 and 2015 336 1976 377
9.4. Cumulative risk of death or imprisonment by 10.3. Race of death row population in the United
age 30–34 for black and white men, 1979 States, 2017 378
and 1999 336 10.4. Race of people executed in the United States since
9.5. Percentage of black and white men experiencing 1976 378
major life events 336 10.5. Race of victims of those executed since 1976 378
9.6. Race of correctional officers, jailers, and 10.6. Executions for interracial murders since 1976 379
bailiffs 342 10.7. Impact of aggravating factors in jury decisions 382
9.7. Chain gang of convicted persons engaged
10.8. Percent of white and nonwhite juveniles executed,
in road work, Pitt County, North Carolina,
by race, 18th century 383
1910 348
10.9. Percent of white and nonwhite juveniles executed,
9.8. Juvenile chain gang, 1903 351 by race, 19th century 383
9.9. Indeterminate sentencing in months by 10.10. Percent of white and nonwhite juveniles executed,
race and charge, 1931 355 by race, 20th century 383
9.10. Race of people serving life sentences, 10.11. Number of lynchings versus death penalty
2013 360 sentences, United States 391
9.11. Percent of applicants called back, by race 10.12. Top ten executing states, 1976–2018 392
and criminal record 366
10.13. Death penalty prosecutors, by race, 2015 398
9.12. Percent of applicants called back, contact versus
10.14. Death row population, by race, 2017 398
no contact 366
10.15. Death penalty support, by race, 2015 399
9.13. Felon disenfranchisement, 1960–2010 368
Preface
Th is book emerged from our collective experi- more than a series of outcomes in the system,
ences of teaching a course at San Francisco State produced primarily through the lack of controls
University called Race, Crime, and Justice. on discretion or the perceived pathologies of
Taught to over two hundred students each year, incarcerated communities.
this course examines how race impacts the Our training as scholars of race, first and
workings of the criminal justice system. While foremost, and not as criminologists means that
seemingly a simple task, from our perspectives we see this picture of race, crime, and justice as
as interdisciplinary scholars of the crime, law, severely limited. Race is something that
and justice systems, this was anything but. emerged just over five hundred years ago with
Instead, we came to view this course as a pre- the birth of colonialism but has often been
liminary introduction, not just to how race is approached in books on race and crime as an
experienced in the criminal justice system but ahistorical concept. Connections between his-
to why this topic is important for understanding torical lineages of race and the emergence of
the very workings of the criminal justice system racialized mass incarceration today have been
today. few and far between in introductory books. Fur-
Any student of criminal justice knows just ther, issues of race in the criminal justice system
how important race is to the system—the stag- have often been treated as merely one issue in
gering statistics showing that the United States the system and not as constitutive of the system
leads the world in incarceration, and that this itself. We longed for a text that understood that
incarceration is concentrated among black and how we view crime today is inseparable from
Latinx* communities. Yet, in comparison to the the history of race in the United States and colo-
wealth of textbooks on criminal justice systems nial conquest more broadly. We sought a text
in general, only a few books examine just how that was not limited to a tour of criminal justice
this came to be and why this reality in the crim- institutions and their racial outcomes but rather
inal justice system is so important to the history provided a strong foundation for understanding
and idea of race. Even fewer direct this at an what race is, where it comes from, how it
undergraduate audience and not at scholars of changed over time, and why it has come to so
race in the field. Textbooks that do examine easily dominate the criminal justice system
race and crime tend to consider race nothing today.
* We use the term Latinx in order to provide a gender-neutral term for referring to communities commonly referred to as
Latina/o; we also refer to people as Latino, Latina, or Latinx instead of Hispanic as the latter term originated in the tactics
of colonization we discuss in this book. Graphs that refer to Latinx communities often use this term even when the original
data source uses the term Hispanic.
xi
xii Preface
These limitations in texts meant that we were explicit, though nonetheless trenchant, racial
tasked with teaching a subject with very few structures of today. As a result of this redefi ni-
introductory primers for students. We each cob- tion of state power, critical criminal justice
bled together a series of readings and lectures institutions emerged, such as the juvenile court
that represented a more holistic approach to the and the uniformed urban police. As we trace at
understanding of race and the criminal justice the end of this chapter, these institutions identi-
system, but students still did not have access to fied poor, nonwhite communities as the primary
any readings that translated our overarching source of social problems, an identification that
approach into a single text. This book emerged continues today.
from that gap. Chapter 5 turns to the geography of race that
In chapter 1, we introduce readers to the emerged in the post-WWII period with the
macrostructural perspective of race in the crim- advent of the suburb and the decline and disin-
inal justice system by introducing the idea of vestment of urban spaces. This chapter sets the
racialized mass incarceration and the key terms stage for understanding how geography contin-
and theoretical construct of the book. Drawing ues to play a critical and necessary role in the
on scholars of colonialism and race, we develop continuation of mass incarceration and how our
the key term of coloniality to guide readers as to ideas about space and place are critical forces
the practices that reproduce racial hierarchies within practices of racialization.
today. In chapter 2, we embark on an in-depth In chapter 6, we move to the emergence of
exploration of how race emerged from colonial- the logics of crime control buildup in the 1960s
ism, and how this created a structure of human/ by tracing the role of political elites in respond-
nonhuman imbued throughout emerging Euro- ing to political protests and crises. In the 1960s
pean and U.S. state forms. We discuss in this and the 1970s, we get our fi rst glimpse of the
chapter where race came from, how race was logics of the “law and order” discourse and a
conceived, and how these trends shaped what fundamentally new way of thinking about the
we know about racial history in the United role of the state relative to social issues. Here we
States today. detail the emergence of the war on drugs, the
Chapter 3 examines explicitly the role of race redefinition of federal law enforcement, and the
in the field of criminal justice historically. reallocation of state resources toward prison
Beginning with the scientific invention of race, building, policing, and incarceration.
this chapter traces the emergence of regimes of We then turn in chapters 7–10 to examining
scientific racism from the early 1800s to eugen- how these historicized power relations affected
ics in the 1930s. These histories of race, while the various institutions of criminal justice. The
antiquated, are nevertheless instructional as to fi rst agency we examine is law enforcement in
how certain behaviors, bodies, and places are chapter 7. Urban policing is arguably one of the
infused with racial meanings today. most important agencies for how criminal jus-
Chapter 4 builds on this history by examin- tice institutions act to produce race and often
ing how racial science influenced the develop- one that is overlooked. This chapter details the
ment of social science and the birth of what role of various geographical policing schemes
today are known as “social problems.” Social critical to understanding policing in the twenty-
problems were integral to redefi ning the state first century. From “broken windows” and com-
and to transitioning the state from the explicit munity policing to SWAT team drug raids, the
racial apartheid of the slavery era to the less police act as a critical agency for furthering
Preface xiii
colonial power relations into the seemingly that even as the power of coloniality and race-
color-blind postracial era. making shifts and restructures, it is likely to
Chapter 8 looks at the role of courts in con- continue influencing the criminal justice system
tinuing the colonial order through practices of for generations to come.
public defense, inadequate counsel, and what
has come to be known as tactics of spatial gov- Th is book is the product of so many conversa-
ernmentality. By using space and one’s presence tions and intellectual debts that are not named
in it as an arbiter of criminality, tactics of spatial or cited in this text. We especially thank all of
governmentality created “no-go” and hyperpo- those whose insights, arguments, and pointed
liced zones that in many ways mimic the spatial commentaries helped us to grapple with the
restrictions of well-known racist political world around us—from our very first instruc-
projects of the past. tors in undergraduate to our mentors, inspira-
Chapter 9 examines the role of race in tion, and cheerleaders today—and eventually
imprisonment and considers how the contem- resulted in this book. We hope to provide this
porary prison system mimics the institutional opportunity to our readers. We especially want
and racial structures of chattel slavery. Practices to thank the many reviewers who read drafts of
of dehumanization first mastered in the slavery this book and provided exceedingly helpful
era are reborn within the dehumanizing prac- comments, even those that were critical of its
tices of imprisonment that extend beyond even first iterations. We are especially indebted in
the walls of the prison. Chapter 10 examines the this regard to Randall G. Shelden, Sandra
ultimate act of dehumanization by examining Browning, Natalie Byfield, Gary Smith, Joseph
race and the death penalty. Unsurprisingly, Margulies, Brian Jordan Jefferson, Fawn Ngo,
given the history of race in the United States, and Tim Robicheaux. Without reviewers advis-
the death penalty was critical to continuing ing us to consider the work of particular schol-
what commentators call “legal lynching” even as ars, concepts, and historical events, we would
lynching became explicitly criminalized. Here, not have deepened our own understandings of
the connection between colonialism and vio- the twists and turns that led to race and crime
lent, sovereign elimination of the racial “other” today, and as such, this book. Many thanks as
is most clearly on display, but execution also well to Maura Roessner and the entire editorial
provides a telling look into how the larger struc- team at UC Press, whose encouragement and
tural trends examined in each previous chapter enthusiasm for the project guided us through-
are amplified in the use of the death penalty. out. We could not have completed this book,
Finally, we conclude by looking at how the however, without the expert guidance and
city is changing today, and the role that larger advice of Sarah Calabi, whose patience, gentle
forces play today in remaking race. As we dis- questioning, and organizational suggestions
cuss in the conclusion, mass incarceration has made this a stronger and clearer book than we
somewhat plateaued nationally, and we may be could have done on our own. All the omissions
moving toward a decarcerated era. Yet, as the and errors are ours alone. Many thanks as
practices of decarceration and the remaking of well to Tony Sparks, Askari Barganier, and Ami-
the city today both show, race, class, and gender rah Qureshi, who endured our late nights of
remain salient, entrenched, and consequential writing, weekends without us, and constant
in criminal justice practices. Thus, we contend inattention.
CH A P T ER
W
LEARNING OUTCOMES hite nationalist protesters in the United States
Explain what mass incarceration is marched through the streets with torches, wan-
and how it impacts race in the
United States today.
tonly inflicting violence and even death when a
Summarize the connection between member charged the group. As they marched, they
racialized mass incarceration and chanted, “Blood and Soil,” a Nazi slogan. One protester
strides toward racial justice in the plowed into a group of counterprotesters, hurting at least
United States. twenty people and killing one. Racial taunts, shoving, and
Define terms key to understanding
race, crime, and justice in the
fighting led the governor to declare a state of emergency
United States. and the National Guard to descend upon the city. The
Demonstrate how race and crime are president of the country refused to condemn the violence
socially constructed. and instead noted that “bad dudes” on “both sides” were to
blame for the violence. He further sided with the protest-
KEY TERMS ers, declaring monuments to white supremacy “beautiful”
mass incarceration and part of the “history and culture” of the United States.
coloniality No, this is not sometime in the 1800s or even the 1960s
sovereign force but August 2017, when white nationalists amassed to pro-
state power
knowledge production
test the removal of a statue that commemorated the slave-
premature death holding southern United States in Charlottesville, North
social construction Carolina.
white supremacy You might ask why we would open a book titled Race
and Crime with a discussion of white nationalist violence
and its resurgence in the United States. Seventy years ago,
though, this question might not have been asked. One of
the first “wars on crime” in the 1940s sought not to fight
drugs or gangs, as we often declare today, but to defi ne
1
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2 Race, Crime, and Justice
crime as white racial violence and the criminal justice system as the responsi-
ble state institution for protecting the nation against these acts (Murakawa
2014). For reformers in the 1940s, the events in Charlottesville would have had
everything to do with race and crime.
The events in Charlottesville themselves, though, might have seemed odd to
reformers in the post-WWII era. At the end of the 1940s, the United States
was embarking on an era where the traditional structures of race-based
exclusion—such as explicit racial segregation in housing and schools—would
be eroded and ultimately overturned. Over the next two decades, Supreme
Court decisions would mandate protections for those most disenfranchised,
especially in the criminal court, by providing state-funded attorneys for poor
people and requiring Fourth Amendment protections against the actions of
local (not just federal) police. And in 1964, the nation would pass the Civil
Rights Act, which explicitly prohibited racial discrimination. This time would
be remembered as a period when the civil rights movement made extraordi-
nary inroads in exposing and changing the systems of white supremacy that
marked the pre–civil rights era. For the reformers in the 1940s seeking to
define the criminal justice system as the foremost institution in the fight
against racial hatred and violence, the events in 2017 in Charlottesville would
not have seemed likely.
With the passage of the Civil Rights Act, affirmative action remedies in the
1970s and 1980s, and the election of Barack Obama as president in 2008, many
today were even poised to declare the ascendance of the “postracial” moment
in the United States. The New York Times headline the day after the election
proclaimed “Obama Elected President as Racial Barrier Falls.” Time magazine
asserted that his election signaled that “the economy is trumping race” and
that “worried white voters [were] turning toward Obama.”
Yet, only a little over eight years separate the events in Charlottesville from
the election of Obama. Arguably, Obama’s election was generations in
coming—starting with the fi rst moments of the civil rights movement (and
likely earlier). Could something with that amount of historical significance
really change in just eight short years? Could the events of today really be such
a backlash to Obama’s election that the prior half century of racial justice work
would be obliterated? Could we really have gone so quickly from a postracial
future to the resurgence of a violent, white supremacist past? Or is something
else going on?
We argue that something else is going on, and this something else is found
within the criminal justice system. By examining the institutions of criminal
justice, we reveal how and why the criminal justice system emerged as the par-
amount institution of racial governance in the United States. We also explore
why this happened at a time when reformers might not have expected it, and
when many were primed to declare the past few decades as the ascendance of a
postracial future.
Race, Crime, and Justice 3
Let’s consider a critical transformation in the criminal justice system that hap-
pened at the same time as the postracial future was being built. For an entire
century prior to the civil rights movement, the rate of incarceration was nearly
constant (Cahalan 1986). And while black and brown communities were cer-
tainly recipients of undue criminal justice attention, policing, and violent force,
whites routinely made up the majority of people in prison (Cahalan 1986; John-
son, Dobrzanska, and Palla 2005). With this historical background, we might
have expected the criminal justice system to be the exemplar institution of the
postracial era, emerging out of the civil rights moment in the 1960s as a model
of racial equality, justice, and fairness. Something else happened, though.
Mass Incarceration
That something else is what is often called mass incarceration. Mass incar-
ceration is defined by David Garland (2001, 1) as “a rate of imprisonment . . .
that is markedly above the historical and comparative norm” for a given soci-
ety. With mass incarceration, imprisonment “ceases to be the incarceration of
individual offenders and becomes the systematic imprisonment of whole
groups of the population.”
Today, 25 percent of the world’s total prisoners are held in the United States,
though it has just 5 percent of the global population (Sentencing Project 2015).
Its rate of incarceration is far above any comparable nation, with almost 700
people incarcerated per 100,000 residents (see figure 1.1). The next highest rate
among OECD countries is Chile’s 256 per 100,000. (The Organization for Eco-
nomic Cooperation and Development, begun by the United States, Canada,
and European countries in the 1960s, includes thirty-five nations.) Among all
the countries in the world, the United States remains the leader, with Rwanda
coming in second with 492 people incarcerated per 100,000 (Sentencing
Project 2015). Indeed, the United States incarcerates more people than the top
thirty-five European countries combined! And the United States’ incarceration
rate does not include the 360,000 people incarcerated in immigrant detention
facilities in 2016 (Detention Watch Network 2018).
Th is level of incarceration is unprecedented compared not only to other
countries but also in the history of incarceration in the United States. Figure
1.2 shows the rate of incarceration, or how many people are incarcerated rela-
tive to the total population, in this case, per 100,000 people. Just like the total
number of people incarcerated, the rate of incarceration also substantially
increased and demonstrated that even with population increases, incarcera-
tion in the 1980s was both historically unprecedented and drastic. Between
1900 (when reliable national record keeping began) and the 1970s, the rate of
incarceration including jails was also relatively constant, averaging around 100
4 Race, Crime, and Justice
800
700
600
500
400
300
200
100
0
da
sia
il
lia
in
na
ce
ria
Sw k
en
a
az
an
ar
te
ad
di
a
ra
hi
st
an
ed
an
Sp
In
a
Br
m
an
Ru
st
C
St
Au
en
Fr
Rw
er
Au
C
d
D
ite
Un
Figure 1.1 International rates of imprisonment, per 100,000 residents. Source: Data from
Sentencing Project, Trends in U.S. Corrections, 2015.
600
500
400
300
200
100
0
19 5
19 9
33
19 7
41
19 5
49
19 3
19 7
19 1
19 5
69
19 3
19 7
81
19 5
19 9
93
20 7
01
20 5
20 9
13
2
2
5
5
6
6
7
7
8
8
0
0
19
19
19
19
19
19
19
20
Figure 1.2 State and federal imprisonment rate (excluding jails) in the United States per
100,000, 1925–2014. Sources: E. Ann Carson and Daniela Golinelli, Prisoners in 2012: Trends in
Admissions and Releases, 1991–2012, Bureau of Justice Statistics Bulletin (Washington, DC: U.S.
Department of Justice, December 2013 [revised September 2014]); Danielle Kaeble, Lauren
Glaze, Anastasios Tsoutis, and Todd Minton, Correction Populations in the United States, 2014,
Bureau of Justice Statistics Bulletin (Washington, DC: U.S. Department of Justice, December
2015 [revised January 2016]), www.bjs.gov/content/pub/pdf/cpus14.pdf; Margaret Warner
Cahalan and Lee Anne Parsons, Historical Corrections Statistics in the United States, 1850–
1984, NCJ-102529 (Washington, DC: U.S. Department of Justice, Bureau of Justice Statistics,
December 1986), www.bjs.gov/content/pub/pdf/hcsus5084.pdf.
per 100,000. Yet, after the 1970s, this rose to a global high of 755 per 100,000 in
2008 (the peak) and about 693 per 100,000 today.
The current U.S. rates of incarceration are certainly unprecedented, unpar-
alleled, and anomalous. Yet measures of incarceration do not reveal the entire
story. As incarceration rates rose, so did probation and parole. Today, over
Race, Crime, and Justice 5
6 million people are under some sort of criminal justice supervision—a number
that shows just how widespread and entrenched the mass incarceration com-
plex is in U.S. society.
2,500
2,000
1,500
1,000
500
0
black white Latinx
Figure 1.3 Rates of incarceration (including prison and jails) by race and ethnicity, per 100,000.
Source: E. Ann Carson, 2018. Prisoners in 2016, US Department of Justice, Bureau of Justice
Statistics, table 6. www.bjs.gov/content/pub/pdf/p16.pdf.
men have a one–in-three chance (Mauer 2006). For black men ages 30–34, the
age group with the most concentrated incarceration, 6,412 men per 100,000
are incarcerated. For Latinos in that age bracket, the rate is 2,457; for whites, it’s
just 1,111 (Carson 2015).
While the number of black elected officials has increased from a few hun-
dred in the early 1960s to around 10,000 today, black politicians hold only 2
percent of the total number of elected offices in the United States (Brown-Dean
et al. 2015). The disparity is especially stark next to numbers of people incar-
cerated and suppressed by the criminal justice system cited earlier in this chap-
ter (Allen 2005). The election of Obama and the gains of the civil rights move-
ment were certainly significant, but they were set amid a larger expansion of
political disenfranchisement due to the effects of criminalization. Thus, politi-
cal gains by the black middle class have been relatively insignificant compared
to the much larger, often hidden processes by which black and brown commu-
nities became embedded within the criminal justice system.
This book tells the story of how the criminal justice system became the new-
est institution managing racial governance in the United States. The criminal
justice system is part of a broader legacy of state institutions—from slavery to
Jim Crow—through which race has been created, reproduced, and managed.
This book tells how this happened and explains why we should not be entirely
shocked by the events in Charlottesville in 2017. Instead, we argue, Charlottes-
ville represents an extreme example of what has been one of the most continu-
ous trends in the history of the United States—white racial domination.
Though Charlottesville is considered extreme and unrepresentative of the U.S.
populace, it is connected to the ways that white racial structures are subli-
mated through the institutions of everyday life. Even while many—including
whites—work toward a postracial future, the policies, practices, and assump-
tions underwriting state institutions reflect this racialized worldview.
This happened even though the policies and structures of state institutions,
including the justice system, are formally race neutral. Th is race neutrality,
however, is not divorced from the broader social context, and thus the race-
defined ways we think about crime are baked into the ways policies are imple-
mented, even in the seemingly postracial era. To demonstrate, let’s consider
how the criminalization of race happens through the emergence today of
seemingly race-neutral, “objective,” and “rational” approaches to policing.
Criminology and criminal justice practice today take a seemingly much more
objective and scientific approach to the study of crime than in generations past.
Police, for instance, have embraced forms of policing based on statistical mod-
els and evidence-based practices. This, we might hope, more evenly distributes
policing across the population, reflecting an even distribution of criminal
activity across racial lines (Hagan and Foster 2004; Beckett and Sasson 2007).
8 Race, Crime, and Justice
Yet, even one of the most celebrated and seemingly objective, rational
approaches to policing was embedded in a racialized imagination of the world.
One widely known example of this new form of policing is COMPSTAT,
which was developed in New York (McDonald and Greenberg. 2002; Smith and
Bratton 2001). COMPSTAT stands for “compare statistics” and is a police man-
agement practice of using statistical information to identify “hot spots” of
crime and then targeting enforcement accordingly. Prior to COMPSTAT,
policing was riddled with examples of racially discriminatory policing, and
police regularly used force to subjugate and oppress communities of color,
some of which we describe in subsequent chapters. COMPSTAT was intended
to allow police to focus on areas where they were most needed. As a result,
police embarked on a new model of policing based on crime rates and their dis-
tribution over urban areas.
With COMPSTAT, authorities could identify hot-spot neighborhoods
where crime concentrated (Braga and Bond 2008). Th is move made policing
more “rational” and less tied to stereotypes and subjective assumptions consid-
ered a product of earlier models of policing. This also moved policing into what
many considered a color-blind or postracial era, where police are deployed
strategically in response to crime rates and not because of the racial threat of a
particular community.
COMPSTAT, for many, is an achievement of the values of democracy, equal-
ity, and justice in policing. Yet, the data used to produce crime maps in COMP-
STAT is not reflective of objective rates of crime. The data in COMPSTAT is
based primarily on reports of crime to the police, not on actual crime taking
place. Thus, the data is in actuality a measure of police activity, not of crime.
Consider how the data is compiled. COMPSTAT does examine all reports
of crime, but most crime is reported to the police in one of two ways. The first
way is when people call the police to report a crime. This leaves out the many
crimes that go undetected or unreported. Measures of crime victimization
show the actual crime rate is almost three times higher than measures of police
activity indicate (Beckett and Sasson 2007). COMPSTAT data primarily
focuses on crime that happens in public places—those hot spots of criminal
activity. Much crime, however, happens behind closed doors, in private spaces.
These types of crimes are least likely to be reported. For instance, if a person is
assaulted in public by an unknown assailant, the person is likely to call the
police. However, if the person is assaulted by a loved one in their home, there is
a good chance that the person will not call the police. Data plotted on crime
maps thus overrepresents crimes people are more likely to report to the
police—that is, crimes committed by strangers—but these are the crimes we
are least likely to be victimized by (e.g., Bachman and Saltzman 1994).
The second source of reports of crime is from police patrolling and making
arrests as a result of their surveillance. Police patrols, however, are not evenly
distributed across a jurisdiction. Consider this question: where in an urban
Race, Crime, and Justice 9
area are police most likely to be found, outside of police stations? Most people
would suggest a neighborhood that likely is poor and less white; few would
respond with a predominantly white, wealthy neighborhood. It would be quite
strange to find regular police patrols in these neighborhoods. But police don’t
encounter crime on patrol in neighborhoods they aren’t surveilling, so crime in
wealthier, whiter neighborhoods often goes undetected. Consequently, where
police patrol largely determines who gets targeted, surveilled, and arrested—
and thus, which places end up in police data. COMPSTAT thus has a circular
effect: increased police activity in a neighborhood results in higher rates of
crime which then justifies further policing in those same places.
New York’s COMPSTAT is often seen as a rational and objective source of
evidence for police activity, yet this evidence also reinforces a racially disparate
experience of criminal justice agencies. A notable recent example was the use
of “stop and frisk.” Stop and frisk was developed as part of the COMPSTAT
crackdown on crime and was used extensively by the New York Police Depart-
ment to stop and search almost anyone. The intention was to combat weapons
and drug crimes, but relying on COMPSTAT data, the police focused their
efforts on “high-crime neighborhoods”—where the population was more likely
to be black or brown and lower income (Ward 2014).
With COMPSTAT and other criminological technologies, the “objective” or
“rational” coding of space thus hides deeply contextual, relational, and embed-
ded forms of knowledge. What is “objective” is actually the result of highly
mediated processes—such as determining what constitutes crime, what types
of crime are the most deserving of attention, and how to respond to crime.
These processes all have important consequences for who gets policed, how
they get policed, and why they get policed. Without a doubt, COMPSTAT is
considerably more sophisticated and often based on much larger and different
types of data than earlier policing efforts. Yet, the result is the same—the
deployment of police in the very same communities and against the very same
individuals that have historically borne the brunt of policing.
The story of COMPSTAT is a microcosm of the story we tell in this book
about race and crime. It’s a story that considers how good intentions, racial
redress, and an entire national history predicated on equality and liberty result
in centuries of racial subjugation. Thus, even though criminal justice agencies
embraced newly emerging scientific techniques of crime investigation, the
problem of racialized mass incarceration continued. Indeed, we argue that
what we see when we look at criminal justice is not the workings of a funda-
mentally just but somewhat flawed criminal justice system in need of reform.
Rather, it is the effect of the systematic equation of race and crime and the
criminalization of race in the United States, a history that began several centu-
ries ago.
The cause is not racist police, nor other racist criminal justice officials, but
rather the ways in which the narratives of white racial domination have been
10 Race, Crime, and Justice
Coloniality
Racial inequalities today are the result of practices that began in the colonial
era and make up what we call coloniality. This term, coined by Aníbal Quijano
(2000), refers to the processes by which colonial-era mechanisms of power
were subsumed and integrated into the social order. Coloniality has been
described as the “darker side of modernity,” where “human lives became
expendable to the benefit of increasing wealth, and such expendability was jus-
tified by the naturalisation of the racial ranking of human beings” (Mignolo
2007, 41). Coloniality consists of two dominant practices: (1) violent geographi-
cal appropriation of resources, places, and people and (2) racial and patriarchal
knowledge production.
Sovereign Force
Colonialism was ultimately a geographical project—centered on the conquest,
acquisition, and shaping of space, place, and people. Closely linked to the idea
of colonial conquest is the notion of sovereign force. Sovereignty refers to the
power of a ruler over land and territory. In a monarchy, the king is sovereign
and holds sway over the land, while in a democracy, the people’s rule is sover-
eign. Sovereign force refers to the process by which rulers use instruments of
violence—conquest, war, and even the criminal justice system—to rule over
others. In colonial conquest, sovereign force meant the violent appropriation of
people and places for the health, wealth, and continued domination of the sov-
ereign. In this book, we will examine how sovereign force—or what we will
call more simply state power—is used to protect the health, wealth, and
Race, Crime, and Justice 11
continued appropriation of people and places for the continuity of white racial
domination.
Knowledge Production
Colonialism is also about what we say and think about colonized places, or
what we call, in shorthand, practices of knowledge production. Knowledge
production refers to the methods by which truth claims are asserted and the
processes by which those claims are bolstered and disseminated. Knowledge
production is going on around us all the time, such as when someone makes a
truth claim about another person and then disseminates that to others. This is
often called “gossip.” But it is a practice of knowledge production, with a
method of dissemination. It also, importantly, has a broader impact, shaping
the relational structures between friends, which can even alter the future
social, political, and economic contexts of those involved. For instance, con-
sider how a rumor can lead to someone losing social standing. In this book, we
are concerned with the practices of knowledge production about race and
crime and how these practices shape the social, cultural, political, and eco-
nomic contexts of colonial conquest, both historically and today.
Knowledge production was integral to colonial conquest. Colonialism initi-
ated the Age of Enlightenment, as contact with new places and people resulted
in an explosion of interest in the mapping, classification, and ordering of places,
people, animals, and plants (Mitchell 2002). Colonialist appropriation and
practice continued not because the use of sovereign force continued to expand
but because the techniques of classification and ordering produced evidence
for the colonial order.
It was much easier, for instance, to appropriate the bodies of black people
when Africa was classified, even by very smart people like the philosopher
Georg Hegel, as a place “properly understood” as the “Unhistorical, Undevel-
oped Spirit, still involved in the conditions of mere nature” (1857, 103). Think-
ing of an entire continent and its people as “mere nature” meant that they could
be transplanted, weeded, cultivated, and even abandoned and killed, just as one
would treat a flower bed. Th is knowledge production about Africa allowed
whites to reconcile claims of equality with racial subjugation, even as this sub-
jugation was intended to “liberate,” “civilize,” and otherwise enact seemingly
benevolent outcomes.
CHAPTER VII.
Tristram.
The earliest English romances, or novels of chivalrous adventures,
are couched in metre. Among the first is "Sir Tristrem" (usually
spelled Tristram); certainly this has been the most popular in
modern times. Sir Walter Scott edited it, from the copy in the
Auchinleck Manuscript (a collection of early poems once in the
possession of Boswell of Auchinleck, father of Dr. Johnson's Boswell).
[1]
Sir Walter was persuaded that "Sir Tristrem" was written from local
Celtic tradition, by the famed Thomas of Ercildoune, called the
Rhymer. Thomas, who dwelt at Ercildoune (Earlstone on Leader
water), was a neighbour, as it were, of Scott at Abbotsford; he died
between 1286 and 1299, and he had great though obviously
accidental fame, as a prophet.
The poem on Tristram begins with the words,
I was at Erceldoune
With Thomas spake I there,
There heard I rede in roune
Who Tristram gat and bare,
(that is, "I heard who the father and mother of Tristram were")
Who was King with croun;
And who him fostered yare;
And who was bold baroun.
As their elders ware,
Bi yere:—
Thomas tells in toun,
This auventours as thai ware.
The English poet uses this difficult stanza in place of the simple
rhymes of a French original which knew nothing of Ercildoune. In
similar stanzas, of French origin as usual, the whole romance is told.
Throughout "Tomas" is mentioned as the source of the story—"as
Tomas hath us taught".
There are fragments of an earlier French romance in which Tomas is
also quoted as the source, and an early German version, by Godfrey
of Strasbourg refers to Thomas of Britanie.
Scott was well aware that the story of Tristram was popular in
France long before the time of Thomas of Ercildoune, but he liked to
believe that Thomas collected Celtic traditions of Tristram from the
people of Leaderdale and Tweeddale, though they, by 1220-1290,
were English in blood and speech.
In the romance, Tristram is peerless in music, chess-playing, the fine
art of hunting, and of cutting up the deer; and his main virtue is
constancy to Iseult, wife of his uncle, King Mark. This unfortunate
prince is not the crafty avenger of his own wrongs, as in Malory's
"Morte d'Arthur," but a guileless, good-natured being, constantly and
ludicrously deceived. Iseult is treacherous and cruel, but everything
is forgiven to her, and, as the manuscript, is defective, we do not
know how the poet handled the close of the tale, the episode of the
other Iseult "of the white hands". Scott finished the tale in the metre
and language of the original. Tristram is dying in Brittany, only Iseult
of Cornwall can heal him, as only Œnone could heal Paris. Tristram
sends for her, the vessel is to carry white sails if it bears her; black,
if it does not. The idea is from the Greek saga of Theseus. The
second Iseult, wife of Tristram, falsely reports that the sails of the
vessel are black. Tristram dies, and Iseult of Cornwall falls dead
when she beholds him.
Swiche lovers als thei
Neer shall be moe,"
concludes Sir Walter.
Havelok.
In "Havelok" we naturally expect, thinking of our historical hero
Havelock, to find a true English romance. The scene is partly in
England, the tale is of a Danish king's son kept out of his own by
one of the most fearsome guardians of romance (who chops up the
hero's little sisters), is saved by the thrall Grim, who was ordered to
murder him, and, after adventures as a kitchen lad, marries an
English princess who is in the hands of another usurper. The story is
truly English in sentiment and style. The poet curses Godard, the
murderous oppressor of Havelok, in a thoroughly satisfactory
fashion. The noble birth of the hero is recognized by the "battle-
flame" of the ancient Irish romances; the flame with which Athene
crowns Achilles in Homer shines round Havelok. This light warns
Grim not to drown Havelok, and teaches the oppressed lady whom
he wins that her wooer is no kitchen-knave but a prince in disguise.
The story has abundance of spirit, and may be read with more
pleasure than the romance of the perfidies of Iseult. It is written in
no affected and entangled rhymes, but in rhyming couplets.
King Horn.
In "King Horn" we have a novel that must have been reckoned most
satisfactory. The course of true love is interrupted by accidents
which caused the utmost anxiety to the readers, who probably
looked at the end to see "if she got him". "He" was Prince Horn, son
of Murry, King of Saddene; the realm is "by west," and is invaded by
Saracens. They spare Horn, for his beauty's sake, but launch him in
a boat with his friends, Athulf and Fikenhild; his land they overrun,
and disestablish the Church, being themselves professors of the
Moslem religion. Horn drifts to the shore of the realm of Westerness,
under King Aylmar. Here the king's daughter Rymenhild, falls in love
with Horn, but cannot have an opportunity of declaring her passion.
In the romances the lady, as a rule, begins the wooing. By
Athelbrus, the steward, Athulf is brought to her bower, apparently in
the dark, for she addresses him as Horn.
"Horn" quoth she, "well long
I have thee loved strong."
Athulf undeceives her; Horn is brought, in the absence of King
Aylmar: Rymenhild again speaks the secret of her heart, and when
Horn alludes to their unequal ranks, she faints away—one of the
earliest faints executed by any heroine in English fiction. Horn kisses
her into consciousness, and she devises that he shall be knighted.
The king consents, giving him a ring which secures him from "dread
of dunts," sends him to win glory. Horn at once kills a hundred
Saracens. But Fikenhild, his false friend, finds Horn consoling
Rymenhild for a dream of a great fish that burst her landing net.
Fikenhild, in jealousy, warns King Aylmar, who discovers Horn and
his daughter embracing. Horn is exiled, and bids Rymenhild wait
seven years, and then marry if she will. Like the daughter of "that
Turk," in "The Loving Ballad of Lord Bateman," she "takes a vow and
keeps it strong".
At another court Horn, now styled Cutberd, not only slays giants, but
encounters and routs the very Saracens who had invaded his father's
dominions. The king of the country offers Horn his daughter and
realm: he, however, is true to his vow, but, at the end of seven
years, Rymenhild is betrothed to a king. She sends a boy to Horn
with a message. In returning with Horn's reply the boy is drowned;
the princess finds his dead body. Disguised as a palmer, like Ivanhoe,
Horn returns to Westerness, and, like Odysseus, sits on the ground
at the palace, as a beggar. Rymenhild does not recognize him, asks
him if he has met Horn, and is shown her own ring. Horn, she is
told, is dead. She had secreted a knife to kill her bridegroom, like
the Bride of Lammermoor. Then Horn reveals himself, the pair are
wedded, but he has still to recover his own kingdom. This he does,
but Fikenhild has carried off Rymenhild. Disguised as minstrels, Horn
and his friends surprise him in his new castle, and all ends happily.
"Horn" is a fair example, happily short, of the novels of the period,
which, in essence, are like all good novels that end well. Assonance
(rhyme of vowels but not of consonants) occurs in the verse:—
He lokede on his rynge,
And thogte on Rymenhilde.
It is not necessary to analyze the plots of all the romances: two or
three enable us to estimate the kind of fiction that was popular with
ladies in bower.
Beues of Hamtoun.
"Sir Beues of Hamtoun" is another English romance, concerning the
son of the Earl of Southampton and his wife, a princess of Scotland.
The Earl is old, and his bride proposes to the Kaiser to kill the Earl
and wed herself. The Emperor promptly invades England and cuts
off the head of the good Earl. The Scottish traitress orders the
murder of her son, Beues, but is deceived by her agent, and Beues
knocks down the Kaiser.
The boy is sold and sent to Armenia, where he refuses to worship
Apolyn (Apollo). The pagan king has a fair daughter, Josian, who
becomes the mistress of Beues, while he has a conquered giant,
Ascopart, for page. After a thousand adventures, Beues and Josian,
being true lovers, make a good end, and die together. The English
writer, prolix as he is, has shortened his French original, in places,
made additions in others, and generally writes with freedom.
Guy of Warwick.
The same happy end, simultaneous death, rewards the hero and
heroine of "Guy of Warwick". The hero's unexplained forgetfulness of
his lady, Felice, is borrowed from the ancient popular tale in Scots,
"The Black Bull of Noroway," where the forgetfulness is explained.
Many stock incidents of the romances come from popular tales
("Märchen") of unknown antiquity. Felice is a very learned and rather
hard-hearted maiden, and Guy, when in love, faints frequently. The
romance contains every kind of adventure with dragons, lions, and
human foes, and as much religion as devout damsels could desire,
or even more, for Guy, in a devout mood, deserts the learned Felice
for a life of chastity and military adventure. As usual he returns in
the guise of a palmer.
King Alisaundre.
The history of Alexander with all manner of romantic and fabulous
additions, under the name "King Alisaundre," is in rhyming couplets
of eight syllables to each line; the couplets are often irregular, as in
Coleridge's "Christabel," and the story, like most of the English
romances of this period, is borrowed through the French, from a late
fabulous Greek work.
This kind of versified romance endured till Chaucer thought it
tiresome, and parodied it, in "Sir Thopas". These rhyming English
romances, in various forms of verse, were made for ladies and
gentlemen who, already, were not able to read the more artistic and
elaborate French romances for themselves; but were very well able
to take pleasure in stories of true love and miraculous adventures.
The romances set a fashion which was continued in the endless
heroic novels in prose, French, and English, down to the end of the
seventeenth century. The Middle Ages had no taste for novels of
ordinary life, about people of their own time. These, in England, do
not begin to appear till the reign of Queen Elizabeth, and then nearly
a century and a half passed before they became really popular.
If much has been said about these old romances it is because they
have so powerfully impressed themselves on the fancy of all later
English poets, from Shakespeare and Milton, who dreamed of an
epic on Arthur, and delighted in the sonorous names of Arthur's
knights, to Tennyson and William Morris.
The romances, composed of fancies from so many sources and
times, Greek, Celtic, Roman, and French, and English, are like that
Corinthian bronze composed of gold and silver, copper and lead, all
molten together at the burning of Corinth. In this rich metal poets of
later times have moulded figures in their own fashion.
[1] Scott's edition of 1819 is the fourth, while other romances in
verse are to be read in the volumes of learned societies. No doubt
people bought the book for the interesting essays and notes of Sir
Walter; few of them would look at the old romance itself.
CHAPTER VIII.
Pearl.
In the manuscript volume containing "Gawain and the Green
Knight," is the singular poem, "Pearl," which has been described as
the "In Memoriam" of the fourteenth century. It is, indeed, an elegy
by one who has lost a "Pearl," probably a Margaret, who dies before
she is two years old. The poet bewails his loss, and speaks, in a
vision, with his Pearl, concerning religion and the future life. The
poem (edited, paraphrased, and annotated by Mr. Gollancz) was
praised by Tennyson as "True pearl of our poetic prime".
"Pearl" is written in stanzas of twelve lines, with some resemblance
to the form of the Italian sonnet (in fourteen lines), with which the
author may have been familiar. The system of rhyming may be
roughly illustrated thus,
Pearl that for princes' pleasure may
Be cleanly closed in gold so clear,
Out of the Orient dare I say,
Never I proved her precious peer;
So round, so rich, and in such array,
So small, so smooth the sides of her were,
Whenever I judged of jewels gay
Shapeliest still was the sight of her.
Alas, in an arbour I lost her here,
Through grass to ground she passed, I wot,
I dwine, forsaken of sweet love's cheer,
Of my privy Pearl without a spot.
The same rhymes persevere through the first eight lines, as in a
sonnet, the rhyme of the second, fourth, sixth, and eighth lines
continues in the ninth and eleventh; a new rhyme appears in the
tenth and twelfth lines: and throughout there is much alliteration. In
stanzas 1 to 5, "pearl withouten spot" comes always as a "refrain" at
the close, and other refrains end each set of five or six stanzas, as in
the old French ballade. The form is thus difficult and highly artificial,
the making of the poem was, as Tennyson says, "the dull mechanic
exercise" to deaden the pain of the singer.
The poet, fallen on the grassy grave of the lost child, lies entranced,
but his spirit floats forth to a strange land of cliffs and woods, where
the leaves shine as burnished silver, and birds of strange hues float
and sing. He comes to a river crystal-clear, whose pearls glow like
sapphire and emerald, but that river has no ford, and may not be
crossed by living man. On the farther shore he sees a maiden clad in
white and in pearls, fresh as a fleur-de-lis; she is the Blessed
Damosel, the Lady Pearl. Her locks are golden, and her crown is of
pearls and gold. She tells the dreamer that she is not lost: his Pearl
is in a coffer; safely set in the garden of Paradise. She comforts him
with the hope and comfort of Christ. Henceforward her discourse is
religious: he strives to cross that River, and to reach the shining city
of the Apocalypse; but he wakes on the grave of his child; and
consoles himself with the promise of the Communion of the Saints.
The machinery of the Dream, and the River, are borrowed (as all
poets then borrowed), from the famous French "Roman de la Rose"
(1240) with its allegorical characters. This fashion of poetry, always
beginning with a dream, in which the dreamer has visionary
adventures with allegorical personages, became a kind of literary
epidemic, terribly tedious and conventional, as time went on.
The poet has given to his lay the charm of sorrow not without hope,
and a dainty grace of artifice that is not insincere; "of his tears are
pearls made".
As to the author of "Pearl," there is much difference of opinion.
Nothing in the two edifying poems in the same manuscript,
"Cleanness" and "Patience," makes it improbable that he wrote
them. "Gawain and the Green Knight" is a very different
composition, yet of lofty character; the author of "Pearl" may have
written it, just as the author of "The Lotus Eaters" wrote "The
Northern Farmer," and "The Charge of the Light Brigade".
Huchown.
With a number of other poems, "Pearl" has been claimed for a Scot,
Huchown, Sir Hugh of Eglintoun, an Ayrshire laird, known as a
fighting man, a diplomatist, and a judge, in the reign of David II of
Scotland; he "flourished" between 1342 and 1377. Or perhaps
Huchown was a priest, nobody knows.
The process of argument is this; some forty-three years after Sir
Hugh died, in 1420, a Scottish writer of history in rhyme, Wyntoun,
produced his "Orygynale Cronykil" (his spelling is original enough).
He says that "Huchown of the Awle Ryale," wrote learnedly, on the
Brut and Arthur themes, in his "Geste Hystorialle," that is a rhymed
romance named "Morte Arthur". Wyntoun also says that Huchown
made the "Gret Gest off Arthure" (apparently the "Morte Arthur"),
the "Awntyre off Gawaine" (perhaps "Gawain and the Green Knight,"
or perhaps the "Awntyrs of Arthur"), and the "Pystyll of Swete
Susane" (a poem still extant, on Susannah and the Elders, the story
in the Apocrypha).
Some claim for Huchown not only these pieces, but "Pearl,"
"Cleanness," and "Patience," and long poems on Alexander the
Great, and the Tale of Troy, and much more. Huchown, on this
theory, must have been a professional poet, yet he has been
identified, we saw, with Sir Hugh of Eglintoun, a soldier, diplomatist,
and man of affairs.
It is certainly improbable that a man so busy as Sir Hugh of
Eglintoun wrote such a huge mass of poetry unless he were as
energetic as Sir Walter Scott.
The great alliterative "Morte Arthur" wanders from the true way,
pointed out in the ancient Welsh verses on "The Graves of Heroes,"
and by Layamon. "The Grave of Arthur" is no mystery to honest
Huchown; of the King it cannot be said "in Avalon he groweth old,"
he does not dwell with "the fairest of all Elves": he is buried at
Glastonbury, a fable invented late, in the honour of that beautiful
and desolate home of old religion.
Huchown shows that he was intimately familiar with minutiæ of
English law, which Sir Hugh of Eglintoun was more likely to know
than an obscure parish priest. Many other curious arguments in
favour of Sir Hugh of Eglintoun as author of the "Morte Arthur" have
been set forth (by the learned ingenuity of Mr. George Neilson, who
also claims for him "Pearl"), but we still marvel how a busy man like
Sir Hugh, living in a rough age, found time for all his labours.
The "Pistyl of Susan" adds little, save in one passage, to the laurels
of Huchown. It is a tale of Susannah and the Elders, told in stanzas,
both alliterative and rhyming, of eight lines, followed by one short
line of two syllables, then come three, rhyming lines of three feet,
and a fourth rhyming to the first in this set: thus,
And told
How their wickedness comes
Of the wrongous dooms
That they have given to gomes (men)
These Judges of old.
The garden of Susan is described in a manner both copious, florid,
and inconsistent with botanical science, but there is a touching
scene between the falsely-accused Susan and her husband.
Huchown is also credited with the "Awntyrs (Adventures) of Arthur";
which contains a curious appearance of the ghost of Guinevere's
mother to Sir Gawain and "Dame Gayenour," Guinevere. This is
certainly "the gryseleste gaste,"—the grisliest of ghosts, but she has
all of Huchown's delight in theology and edification, prophecy,
heraldry, and hunting. The metre is not unlike but is not identical
with that of "Susan".
By Scottish critics the "Morte Arthur" and "Susan," at least, are
claimed for the Ayrshire bard, Sir Hugh, and, if they are right,
Scotland was civilized enough, and fortunate enough, to have a
considerable poet before Barbour, author of "The Brus" (1376), a
rhymed history of King Robert Bruce, the great hero of his country.
But the literature of Scotland is more conveniently to be treated in a
separate chapter.
CHAPTER IX.
CHAUCER.
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