Tag: punishment (page 1 of 2)

Fierce Intelligence

The intelligence report from Patrick Campbell’s Highland venture, Autumn 1746

Our last post explored some examples of the Highland cantonment schemes proposed by British government officials after Culloden, their locations largely selected based upon a combination of local banditry, general lawlessness, and noted recalcitrance toward the policies of the Whig administration of George II – defiance often manifested by varying levels of Jacobitism. Some of the loyalists who were responsible for influencing the creation of these garrisons had witnessed the violence and disorder firsthand – like Donald Campbell of Airds, whose own property was savaged, ironically, by soldiers of the British army.1 Nonetheless, the unpredictable and complex lattice of malleable alliances, divergent loyalties, and partisan politics in certain remote areas of Scotland essentially guaranteed that some kind of official program of regulation would be instituted after the brutal coda of yet another armed rising.2

Access and control were collectively the name of the government’s game in eighteenth century Scotland. The Western Highlands bore the brunt of unconscionable retaliation and enforcement after Culloden not because it provided the largest number of rebels who bore arms (it did not), but because it was so difficult to regulate due to the remoteness of its communities and the severity of its weather and terrain. While the isolated villages and steadings in many regions of the Highlands provided distance and shelter for their occupants, that same isolation also enabled heritable chiefs to maintain control of their clans with little interference, as well as allowing currents of Catholicism to endure within a rapidly reforming Scottish populace.3 ‘The old way of life’ may have been desirable for some heritors, but plenty of others were progressive improvers with interests in both imperial ventures and global mercantile investments.4 This alone adequately disproves the popular myth that the Forty-five was a conflict of atavism versus progress.

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State of Distress

Donald Campbell of Airds’ scheme for ‘civilizing’ the Cameron lands, 3 October 1746

Much of the enduring memory and emotion of the final, failed Jacobite challenge blooms from the British government’s retributive and bloody response in the aftermath of Culloden. In what Allan Macinnes calls the ‘exemplary civilizing’ of remote areas of Scotland, a calculated campaign of violent suppression was waged upon recalcitrant communities whether or not they were directly involved in active rebellion.1 Whether tantamount to genocide, as some scholars have argued, the cantonment schemes established in Culloden’s wake and the retaliatory expeditions against communities singled out by government intelligence networks undeniably had a disastrous effect upon ‘Scottish Highland’ culture, though these depredations were not by any means meted out only in the Highlands.

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Points of Order

John Sharpe’s memorandum of various judicial processes to be completed, 20 January 1747

To-do lists are not only productivity tools for busy modern lives. They were also used extensively by eighteenth-century British government officials to keep pressing topics close in mind, and some even fashioned their memoranda as checklists to ensure they did not miss anything especially important. We see this practice in a document from the British National archives, where Sir John Sharpe, Solicitor to the Treasury during the Jacobite prosecutions after the Forty-five, lists a number of tasks to complete in the winter of 1746-7.1 It is a particularly interesting archival document because it gives us some idea of what critical topics of conversation concerning the prosecution of Jacobites kept government officials occupied. The fact that this task list was written nine months after the Battle of Culloden demonstrates just how much judicial red tape still existed well after the last rising itself had burned out.

Paraphrasing Sharpe’s list of to-dos, we may look in on numerous important points of policy as well as how Jacobite prisoners under charges of treason were processed and treated:

Item #1

Considering the method of how to send prisoners-of-war in French service back to France.

Sharpe notes that he needed to speak at length with Sir Everard Fawkener, the Duke of Cumberland’s secretary, about a peculiar issue: just how to discern which of the prisoners-of-war were really from France, and which were actually born within the Three Kingdoms. This was an important distinction because both the rights and the treatment of prisoners facing charges of treason were different depending on whether they were ‘subjects of the crown’ or legitimate foreigners under the protection of Louis XV. Perhaps unsurprisingly, more than a few of the captured Scottish and Irish soldiers in French service feigned foreign provenance in hopes that it might secure them a lighter sentence – or even freedom altogether. After the recapture of Carlisle by the British army, for example, a Jacobite adjutant in Lord Kilmarnock’s cavalry troop masqueraded as a French officer until a corporal from Hamilton’s Dragoons revealed him to be an Irishman with whom he had already been familiar.2 The Lord Justice Clerk Andrew Fletcher, however, saw no difference between those born in Britain or beyond, stating that anyone should be answerable to charges of high treason if they ever ‘had Residence in the King’s Dominions before the Rebellion’.3 

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