The 12th October was my mother’s birthday in 1912. She died aged 88 in 2000 and would have been 99 today. My mother was an old fashion lefty. She was a strong believer in the Union, any worker’s union, and the ‘people’s right’. She never used the term human rights.
I find there are a couple of events that were signalled by the 12th October, which relate to the question of human rights and the rule of law.
On the 12th October 1692 Massachusetts Governor William Phips wrote a letter which apparently brought an end to the Salem witch trials:
“When I first arrived I found this province miserably harassed with a most Horrible witchcraft or Possession of Devils which had broke in upon several Townes, some score of poor people were taken with preternatural torments some scalded with brimstone some had pins stuck in their flesh others hurried into the fire and water and some dragged out of their houses and carried over the tops of trees and hills for many Miles together; it hath been represented to me much like that of Sweden about thirty years ago, and there were many committed to prison upon suspicion of Witchcraft before my arrival. The loud cried and clamours of the friends of the afflicted people with the advice of the Deputy Governor and many others prevailed with me to give a Commission of Oyer and Terminer for discovering what witchcraft might be at the bottom or whether it were not a possession. The chief Justice in the Commission was the Deputy Governor and the rest were persons of the best prudence and figure that could then be pitched upon. When the Court came to sit at Salem in the county of Essex they convicted more than twenty persons of being guilty of witchcraft, some of the convicted were such as confessed their Guilt, the Court as I understand began their proceedings with the accusations of the afflicted and then went upon other humane evidences to strengthen that. I was almost the whole time of the proceeding abroad in the service of Their Majesties in the Eastern part of the Country and depending upon the Judgement of the Court as to the right method of proceeding in cases of Witchcraft but when I came home I found many persons in a strange ferment of dissatisfaction which was increased by some hot Spirits that blew up the flame, but on enquiring into the matter I found that the name and shape of several persons who were doubtless innocent and to my certain knowledge of good reputation for which cause I have now forbidden the committing of any more that shall be accused without unavoidable necessity, and those that have been committed I would shelter from any Proceedings against them wherein there may be the least suspicion of any wrong to be done unto the Innocent. I would also wait for any particular directions or commands if their Majesties please to give me any for the fuller ordering of this perplexing affair. I have also put a stop to the printing of any discourse one way or the other, that may increase the needless disputes of people upon this occasion, because I saw a likelihood of kindling an inextinguishable flame if I should admit any public and open Contests and I have grieved to see that some who should have done their Majesties about this Provence better service have so far taken Council of Passion as to desire the precipitancy of these matters, these things have been improved by some to give me many interruptions in their Majesties service and in truth none of my vexations have been greater that this, than that their majesties service has been hereby unhappily clogged, and the Persons who have made so ill improvement of these matters here are seeking to turn it all upon me, but I hereby declare that as soon as I came from fighting against their Majesties Enemies and understood what danger some of their innocent subjects might be exposed to, if the evidence of the afflicted persons only did prevail either to the committing or trying of any of them, I did before any application was made unto me about it put a stop to the proceedings of the court and they are now stop till their Majesties pleasure be known. Sir I beg pardon for giving you all this trouble, the reason is because I know my enemies are seeking to turn it all upon me and I take this liberty because I depend upon your friendship, and desire you will please to give a true understanding of the matter if any thing of this kind be urged or mage to use of against me. Because the justness of my proceeding herein will bee a sufficient defence. Sir I am with all imaginable respect
Your most humble Servt.
William Phips
Make of it what you will.
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| Eastern State Hospital |
On the 12th October 1773, the first mental institution in the United States was opened for ‘Persons of Insane and Disordered minds’ in Virginia. The Eastern State Hospital, was founded in 1773 in Williamsburg, Virginia. Virginia also founded the first ‘Colored Asylum’ some 97 years later in 1870. It took some time to get the first one going. The Royal Governor of the colony of Virginia, Francis Fauquier, addressed the opening session of the House of Burgessess in Williamsburg for the first time on November 6, 1766, since he had dissolved it following the Stamp Act Resolves. He presented the relationship between the Mother Country and the colonists, and expressed high optimism for the future relations between these two parties. Before concluding his speech, he added the following statement: "It is expedient I should also recommend to your Consideration and Humanity a poor unhappy set of People who are deprived of their senses and wander about the Country, terrifying the Rest of their fellow creatures. A legal Confinement, and proper Provision, ought to be appointed for these miserable Objects, who cannot help themselves. Every civilized Country has an Hospital for these People, where they are confined, maintained and attended by able Physicians, to endeavor to restore to them their lost reason."
About a year after this speech was given, Governor Fauquier presented another to the House of Burgess on April 11, 1767 which included:
"There is a subject which gives me concern, on which I shall particularly address myself to you, as it is your peculiar province to provide means for the subsistence of the poor of any kind. The subject I mean is the case of the poor lunatics. I find on your journals that it was Resolved, That an hospital be erected for the reception of persons who are so unhappy as to be deprived of their reason; And that it was Ordered, that the Committee of Propositions and Grievances do prepare and bring in a bill pursuant to the above resolution. But I do not find that any thing more was done in it. It was a measure which I think could offend no party, and which I was in hopes humanity would have dictated to every man, as soon as he was made acquainted with the call for it. It also concerns me much on another account; for as the case now stands, I am as it were compelled to the daily commission of an illegal act, by confining without my authority, a poor lunatic, who, if set at liberty, would be mischievous to society; and I would choose to be bound by, and observant of, the laws of the country. As I think this is a point of some importance to the ease and comfort of the whole community, as well as a point of charity to the unhappy objects, I shall again recommend it to you at your next meeting; when I hope, after mature reflection, it will be found to be more worth your attention than it has been in this.”“I would choose to be bound by, and observant of, the laws of this country”, sentiments so often expressed by political leaders but so rarely (in my view) observed in such a manner.
It was also in the 12th October in 1871 that the Criminal Tribes Act was enacted by British rule in India, which named over 160 local communities ‘Criminal Tribes’, i.e. hereditary criminals. This Act (or rather series of Acts - there was a consolidation Act in 1924) was not repealed until 1949, after Indian Independence in 1947.
The Act came into force, with the assent of the Governor-General of India on 12th October, 1871. Under the act, ethnic or social communities in India which were defined as "addicted to the systematic commission of non-bailable offenses" such as thefts, were systematically registered by the government. Since they were described as 'habitually criminal', restrictions on their movements were also imposed; adult male members of such groups were forced to report weekly to the local police.
At the time of Indian Independence in 1947, there were thirteen million people in 127 communities who faced constant surveillance, search and arrest without warrant if any member of the group was found outside the prescribed area. Eventually the Act was repealed in August 1949 and former "criminal tribes" were denotified in 1952, when the Act was replaced with the Habitual Offenders Act 1952 of Government of India, and in 1961 state governments started releasing lists of such tribes. Today, there are 313 Nomadic and 198 Denotified tribes of India, yet the legacy of the Act continues to haunt the majority of 60 million people belonging to these tribes, especially as their notification over a century ago has meant not just alienation and stereotyping by the police and the media, but also economic hardships. A large number of them can still only subscribe to a slightly altered label, "Vimukta jaatis" or the Ex-Criminal Tribes.
By all means let’s get rid of the Human Rights Act, what could we be thinking by having one.
Thanks mum, for giving me an idea of the People’s Right.
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| From left to right: My mother, me, my brothers Paul and Ted, overlooking the town of Lourdes would you believe, c.1953 |
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