Barry Hough and Howard Davis A Study of Coleridge in Malta Coleridge’s Laws Translations by Lydia Davis With an Introduction by Michael John Kooy To access digital resources including: blog posts videos online appendices and to purchase copies of this book in: hardback paperback ebook editions Go to: https://www.openbookpublishers.com/product/24 Open Book Publishers is a non-profit independent initiative. We rely on sales and donations to continue publishing high-quality academic works. Coleridge’s Laws Barry Hough was formerly Professor in English Law at Bournemouth University and is now at the University of Buckingham. He is the author of numerous articles in the field of Constitutional and Administrative law and Employment law and of the leading monograph Street Trading and Markets and Fairs (Boston, UK, 1994). Barry Hough is also a contributor to four editions of J. Alder, Constitutional and Administrative Law (Basingstoke and New York) and to William Blake Odgers (ed.), High Court Pleading & Practice (London, 1991). Howard Davis is Reader in Public Law at Bournemouth University. As well as law and literature his other research and teaching interests relate to constitutional law and human rights, in particular the reception of European human rights law through the Human Rights Act 1998. His textbook, Human Rights Law Directions (Oxford, 2009) is now in its second edition. Michael John Kooy is Associate Professor at the Department of English and Comparative Literary Studies at Warwick University. His main research interests lie in British and European Romanticism, especially Coleridge, and in the relationship between philosophy and literature. Kooy is the author of Coleridge, Schiller and Aesthetic Education (Basingstoke and New York: Palgrave Macmillan, 2002) and he is currently completing a book called Coleridge and War , which assesses Coleridge’s wartime activities as a journalist and poet in relation to his political theology. Lydia Davis took her degree in Latin and Ancient History at Edinburgh University. Her PhD on British Travellers and the Rediscovery of Sicily, 16th- 19th Centuries was awarded in 2006. She has lived and studied in Rome and Sicily. She currently works for Hansard at the House of Commons. Samuel Taylor Coleridge (1819) drawn by C. R. Leslie, engraved by H. Meyer, published 1st April 1819 by Henry Colburn. Barry Hough and Howard Davis With an Introduction by Michael John Kooy Coleridge’s Laws A Study of Coleridge in Malta Translations by Lydia Davis Cambridge 2010 40 Devonshire Road, Cambridge, CB1 2BL, United Kingdom http://www.openbookpublishers.com © 2010 Barry Hough and Howard Davis (except Introduction and Translations) Introduction © 2010 Michael John Kooy Translations © 2010 Lydia Davis Some rights are reserved. This book is made available under the Creative Commons Attribution-Non-Commercial-No Derivative Works 2.0 UK: England & Wales License. This license allows for copying any part of the work for personal and non-commercial use, providing author attribution is clearly stated. Details of allowances and restrictions are available at: http://www.openbookpublishers.com As with all Open Book Publishers titles, digital material and resources associated with this volume are available from our website: http://www.openbookpublishers.com ISBN Hardback: 978-1-906924-13-3 ISBN Paperback: 978-1-906924-12-6 ISBN Digital (pdf): 978-1-906924-14-0 Acknowledgement is made to the National Library of Malta for generously permitting use of material in their possession and for allowing the reproduction of the ‘Bandi’ and ‘Avvisi’ in this volume. All paper used by Open Book Publishers is SFI (Sustainable Forestry Initiative), and PEFC (Programme for the Endorsement of Forest Certification Schemes) Certified. Printed in the United Kingdom and United States by Lightning Source for Open Book Publishers To Mary and to Stella Acknowledgements We would like to express our gratitude to the British Academy without whose financial support this book would not have been possible. Dr Elinor Shaffer’s keen interest in the project not only saw it through its early gestation but it also continued to guide, enrich and challenge our work as it progressed. Dr Michael John Kooy’s interest, advice and enthusiasm have also been great encouragement to us. We are particularly delighted that he accepted an invitation to write the Introduction to this book. The staff of the National Library of Malta, Valletta, and the National Archive of Malta, Rabat, have also shown us kindness and tireless assistance in locating sources. Dr Maroma Camillieri, Dr Charles Farrugia, and Dr Joseph Amodio have each provided us with tireless and valuable assistance. Richard Ireland and Robert Ireland each of the University of Wales, Aberystwyth also provided their scholarly expertise in interpreting some of the obscure Latin used in some of the witness statements. Our thanks are also due to Craig Willox of the Department of Law, Bournemouth University, for his assistance with the manuscript. Contents Illustrations ix Abbreviations xi Foreword xii Preface xiv Introduction (by Michael John Kooy) xvi 1. The Battle of Self 1 2. Coleridge’s Malta 50 2.1. Maltese Social Political and Economic Context 51 2.2. The Maltese Economy 58 2.3. British Model of Government on Malta: the “Continuation” Strategy 65 2.4. Maltese Institutions 69 2.5. The Public Reputation of the British Administration 1802-1806 98 3. The Constitutional Position of the Civil Commissioner 107 3.1. Colonial Policy and the Civil Commissioner 108 3.2. Legal Restraints on Power 127 3.3. Political Constraints 135 3.4. Conclusion 140 4. Coleridge’s Proclamations and Public Notices 143 4.1. Coleridge’s role: the “Most illustrious Lord, the Public Secretary“ 143 4.2. The Nature of Bandi and Avvisi 151 5. Thematic Analysis of the Proclamations and Public Notices 164 5.1. Reconstruction 166 5.2. Distribution of Prize 173 5.3. Taxation 186 5.4. Public Order and Crime 199 5.4.1. The Anti-Semitic disturbances 208 5.4.2. Immigration and the Detection of Crime 230 5.5. Corruption 239 viii Coleridge’s Laws 5.6. Consumer Protection 243 5.6.1. The Regulation of Spirits in the Bando of 22 March 1805 244 5.6.2. The Avviso 12 June 1805 257 5.7. Regulation of Trade 259 5.8. The Harbours 263 5.9. Passports 267 5.10. Military Discipline 275 6. An Assessment of the Proclamations and Public Notices 288 6.1. Constitutional Questions 304 6.2. Coleridge’s Laws and the Rule of Law 308 6.3. Enforcement and Forms of Punishment 314 Appendix 1. Translations of the Proclamations and Public Notices (by Lydia Davis) 325 Appendix 2. The British Occupation of Malta 353 References 362 Index 366 Illustrations Cover: Detail from Figure 5. Frontispiece: Samuel Taylor Coleridge (1819) drawn by C. R. Leslie, engraved by H. Meyer, published 1st April 1819 by Henry Colburn [private collection]. 1. A view of Valletta from South Street with the Marsamxett or Quarantine Harbour on the left [B. Hough, 2007]. 2. San Antonio Palace, now the official residence of the President of Malta, at St Anton, Attard. During the Maltese uprising 1799-1800 Captain Ball used it as his residence. He returned when he became Civil Commissioner in 1802. Coleridge spent much of his time there [B. Hough, 2006]. 3. The interior of the President’s Palace, Valletta. It would not have been less opulent when Coleridge resided there [B. Hough, 2007]. 4. The Governor’s [Civil Commissioner’s] Palace with the Treasury Building in the background (now the Casino Maltese). Coleridge moved from the Civil Commissioner’s Palace in Valletta to the Treasury in late 1804. Coleridge described his garret room as a “sky- chamber” with a painting of the four winds on the ceiling “& the pencil of Blast from each of the curly-wigged Nobodies” CN 2 2370. The room was destroyed by enemy action during the Second World War. Lithograph by C. de Brocktorff [1838] [private collection]. 5. Aquatint bearing the inscription: “To the R.t Hon.ble. Lord Viscount Nelson, K.B. Duke of Bronte &c. &c. &c., This Print of the commencement of the gallant defence, made by His Majesty’s Sloop Arrow of 23 Guns & 132 Men, Richard Budd Vincent Esq.r Commander; and His Maj: Bomb Vessel Acheron of 8 Guns and & Page 27 28 35 35 x Coleridge’s Laws 57 Men, Arthur Farquhar Esq.r Com.r against the French Frigate, L’Hortense and L’Incorruptible of 44 Guns & 550 Men each, including troops of the Line, which took place on the Morning of the 4.th of Feb.y 1805, off Cape Palos; for the preservation of a Valuable Convoy is by Permission most humbly Dedicated by his most obliged humble Servant, George Andrews. [&] To the R.t Hon.ble. Lord Viscount Nelson, K.B. Duke of Bronte &c. &c. &c.,” Painted by F. Sartorius. Engraved by J. Jeakes. Published Oct. 21. 1805, by G. Andrews, No. 7, Charing Cross [private collection]. 6. Coloured aquatint of the sinking of His Majesty’s Sloop Arrow. Painted by F. Sartorius. Engraved by J. Jeakes. Published Oct. 21. 1805, by G. Andrews, No. 7, Charing Cross [private collection]. 7. The Porte des Bombes, a gateway into Floriana and thus into Valletta from the countryside of Malta. Lithograph by C. de Brocktorff [1838] [private collection]. 8. St John’s Cathedral, Valletta. Lithograph by C. de Brocktorff [1838] [private collection]. 9. The presence of studded wheels on this Calesse suggests that Coleridge’s Bando had not fully succeeded by the late 1830s. Lithograph by C. de Brocktorff [1838] [private collection]. 10. The Avviso of 22nd May 1805 announcing the convictions of Borg, Hasciach and Bonello [B. Hough, 2009]. 11. The letter from the official of the Corte Capitanale which reveals that the Civil Commissioner had instructed the judge to sentence Fortunata Tagliana to exile in Gozo [B. Hough, 2009]. 12. The Naval Arsenal in the Grand Harbour, Valletta. Lithograph by C. de Brocktorff [1838] [private collection]. 13. The Grand Harbour from Valletta towards Fort St Angelo and Vittoriosa. Kalkara creek lies to the left of the Fort whereas Dockyard creek lies to the right. The British naval dockyard first operated from the latter [private collection]. 14. Memorial to Sir Alexander Ball, 1757-1809, Lower Barrakka Gardens, Valletta [B. Hough, 2007]. 42 43 53 57 172 213 219 264 266 361 Abbreviations CL : Griggs, E.L., Collected Letters of Samuel Taylor Coleridge , 6 vols., Oxford: Clarendon Press, 1956-71 CN : Coburn, K., The Notebooks of Samuel Taylor Coleridge 1804-1808 , New York: Bollingen, 1961 EOT : Erdman D.V. (ed.), Essays on His Times in ‘The Morning Post’ and ‘The Courier’ , in The Collected Works of Samuel Taylor Coleridge, volumes, 3: 1-3 (General Editor: Kathleen Coburn), London: Routledge and Kegan Paul, 1978 Kew: British National Archive, Kew NAM: National Archive of Malta, Rabat, Malta NLM: National Library of Malta, Valletta, Malta Foreword “I have the public Memorials to write & worse than all constant matters of Arbitration” 1 Coleridge’s Bandi (Proclamations) and Avvisi (Public Notices) 2 appear to be of a minor, regulatory character dealing with such matters as licensing, cartwheels, mooring ropes, foreigners and excise duties. In fact, these legal and administrative texts reveal how Coleridge used and controlled government information to advance the dominant strategic purpose of British rule. They were intended not only to alter behaviour, but also to influence public opinion and secure the legitimacy of British rule. As we shall discover, the British in Malta were explicitly directed by the British imperial government to achieve popularity with the Maltese and to ensure the stability of the islands as a British possession. A series of policies and decisions, whether ill-advised in conception or operation, some resulting from the incompetence of administrators, or the deliberate hoodwinking of the British by the Maltese, led to a temporary, but profound, decline in British popularity. Confidence in the British and, in particular, in the Civil Commissioner, Sir Alexander Ball, whose autocratic constitutional authority made him the embodiment of British purposes and values, was at a dangerously low ebb by the spring of 1805. Coleridge was compelled, not least in the laws and public notices, to mount a propaganda offensive to “re-engage” with the Maltese public. He had to portray a selfless, benign administration that, according to Coleridge’s narrative, prioritised Maltese interests, and acted merely to ensure the well-being of the local population. In fact, Malta, at that time, exposed the difficulties administrators faced when confronted with the inherent conflict of interest in the colonial project. In many instances, British imperial goals were not invariably 1 To Mrs S. T. Coleridge, 21 July 1805 in Collected Letters of Samuel Taylor Coleridge , ed. E.L. Griggs, 6 vols. (Oxford: Clarendon Press, 1956-71), 2, 1169-70. Hereafter referred to as CL 2 “Bando” and “avviso” in the singular. Forward xiii congruent with Maltese interests. The de-stabilising tensions, springing from this divided colonial relationship, had to be managed because, as the British knew, a disaffected Maltese population could be capable of violent insurrection. They had responded to a call to arms as recently as 1798 to evict the unpopular French occupiers from their islands. A decline in popular support threatened continued British possession. In securing the long-term strategic goals of British rule, Coleridge was required to assume a weighty burden of responsibility. The evidence of depression, stress, over- work and addiction shown in his Notebooks attest to his struggle to fulfil the demanding expectations of him in his public office as well as overcoming the well-known problems in his private life. Preface In 1804-1805 the English poet and philosopher Samuel Taylor Coleridge stayed in Malta. He had travelled to Malta in pursuit of a cure for his drug addiction. He might have hoped for a petty colonial sinecure to defray the expenses of his travels. When, in January 1805, he became the acting Public Secretary under the Civil Commissioner, Sir Alexander Ball, he found himself burdened with a significant public role at the heart of government. Donald Sultana, in his major work Samuel Taylor Coleridge in Malta and Italy , 1 has written the fullest and most detailed general account of Coleridge’s life on the Island. This book, though indebted to Sultana’s study, has a more modest focus. It is a study of the Malta period predominantly from a legal and constitutional perspective. Its concern and focus is upon the “laws”, the legal instruments (Bandi and Avvisi), that were drafted and promulgated by Coleridge in his official capacity. Sultana deals with a selection of these, but this book aims to be a comprehensive study. These instruments (“Coleridge’s Laws”) are given full descriptions and analyses, both critical and contextual. Their content is considered in the context of Maltese politics, economy and society and also of the British imperial ambition for the Island. This is done against the background of the Maltese constitution and the expectations of the rule of law that British rule might have brought. The approach has been to go to the original sources relating to these laws, both in Malta (at the National Library, Valletta and the National Archive, Rabat) and in Britain (at the National Archive). Assistance for the Malta part of the enquiry was given by grants from the British Academy, which the authors are pleased to acknowledge. Similarly, the assistance of the staff at the National Library and National Archive in Malta was of very great help, not only in identifying the texts of Coleridge’s laws but, also, in bringing to the authors’ attention material from the relevant period from which some extremely interesting evidence was obtained (see, in particular, 1 D. Sultana, Samuel Taylor Coleridge in Malta and Italy (Oxford: Blackwell, 1969). Preface xv Chapter 5: public order and crime theme). As we shall see, the British centralised model for the government in Malta vested supreme legislative, executive and judicial powers in the Civil Commissioner. The Public Secretary, whose role Coleridge assumed, served as the head of the Executive, and implemented the Civil Commissioner’s policies. The Public Secretary represented the authority of the Civil Commissioner in the day to day administration. The office (which had formally been merged with that of Treasurer in 1803) had burdensome and wide ranging responsibilities involving such matters as the supervision and direction of policy in a dozen government departments (which the Public Secretary also had to audit), the administration of oaths, the arbitration of disputes, the issue of passports, some advocacy in the Court of Vice- Admiralty, as well as drafting the complex laws and public information notices which are the concern of this book. As we shall see, these instruments were not only used to create new law or bring some matter of importance to public attention but as a wider political engagement with the Maltese people, intended to manipulate and alter public opinion and behaviour. Coleridge found himself in office at a critical time for the British, whose popularity underwent a decline as public expectations were disappointed, and poorly conceived policies failed. Sir Alexander Ball’s government had to arrest this decline or risk not achieving its primary objective – securing the “attachment” of the Maltese to British rule. Government information – propaganda – became critical to the public standing of the British administration and, ultimately, to the future British presence on the Island. How government information was communicated by Coleridge and how he used it to serve the dominant strategic goals of British imperial policy is an important matter which this book considers. As a corollary, we shall also explore the limited freedom Coleridge had to pursue the constitutional and rule of law values he had advocated in his journalism. We shall also see how his conceptions of political morality subordinated to British policies for securing Malta as a politically stable military base. Falling outside the compass of this book is the fundamental question: how did Coleridge’s troubled experiences of government inform and enrich his later literary and philosophical work? It is, however, hoped that this book together with the first comprehensive translations into English of the Bandi and Avvisi will be of value to scholars in this respect. Barry Hough and Howard Davis January 2010 Introduction Coleridge and the Rule of Law by Michael John Kooy Coleridge and law? Of all the professions Coleridge had dealings with during the course of his life – poetry, divinity, journalism, education, medicine – he had least patience with law. Though, as a young man, he once contemplated taking up law, 1 and later regretted not having done so, 2 he tended to regard law as a profession driven by an anti-metaphysical bias, 3 a prejudice that acquaintances like the jurists James Mackintosh and John Stoddart probably did little to dispel (Henry Crabb Robinson, friend of the German Romantics and later a lawyer, was a notable exception). Coleridge did of course study law, but on his own. There are references throughout his work to Manu, Montesquieu, Blackstone, among others, some as early as 1794, 4 and he even had a copy of the Code Napoléon (which he annotated). Coleridge read law as an autodidact, and often in relation to his other interests such as theology, in the case of Warburton’s Divine Legation of Moses , or politics, in relation to the several versions of the French constitution he liked to comment on. What is consistently characteristic of Coleridge’s relation to law is his suspicion of the kind of people who write laws. A stout defender of the constitution and so far as we know a law-abiding subject, he nonetheless made it a point relentlessly to harangue British legislators, both during his 1 CL 1, 131. 2 CL 3, 470. 3 CL 2, 703, 861. 4 CL 1, 251. Introduction xvii radical years, when such actions risked indictment, and later, when his respectability allowed him to get away with it. Here he is in 1814, in a letter to his friend and Courier editor Daniel Stuart: ... our Parliament at home, or the faction of Landholders, are mad or id EOT ic. The Corn Law Debates are more disgraceful than even the Bullion – I again affirm, what I have often affirmed, that take away from the Legislature the Merchants & Manufacturers, & I will stand on Blackfriars or Westminster Bridge, & take the first 800 decently drest men that pass over, & would pledge my life for more intellect, more real knowledge, than is congregated in the two Houses. 5 Like most of Coleridge’s jeux d’espirit , this comment carries with it a complex subtext not entirely denied by the irony of its tone: beneath the healthy intolerance of corruption and parliamentarians’ self-interest lies a cynicism about the whole process by which statute law comes into being. Part of Coleridge really does believe that a handful of arbitrarily chosen ordinary men would make better legislators than the ones currently in post. It’s one of the ironies of biography that this fanciful selection of legislators from among Westminster Bridge pedestrians describes, fairly nearly, what had happened to him ten years earlier in Malta. Landing at the port in Valletta on the morning of 18 May 1804, Coleridge, decently dressed and English, was picked up and introduced to the Civil Commissioner, Sir Alexander Ball. Hampered by a vacancy high in his administration, Ball promptly appointed him to his administration. Within a few months of his arrival on the Island Coleridge was drafting and then promulgating statute law for the native inhabitants. It’s hard to imagine a more unlikely candidate for the post, or one whose prejudices so clearly pointed against such a task. And yet he stuck with it for nine difficult months. How successfully he carried out that work is the subject of this remarkable book. Parts of the Malta story have been told before, notably by Donald Sultana in his detailed study Coleridge in Malta and Italy , but never quite like this. The story Hough and Davis tell makes for some disturbing reading. There is goodwill in the governor’s palace, but also political naiveté , administrative incompetence, and a fairly persistent disregard for the rule of law. Hough and Davis’s work will change how we understand Coleridge’s politics and how we read his oeuvre . It will also contribute to how historians understand the early period of British rule in Malta. 5 CL 3, 497.