Who Is a Terrorist? “Terrorism” in the Long 18th Century

The Emperor Napoleon in His Study at the Tuileries. jacques-Louis David, 1812.

The Emperor Napoleon in His Study at the Tuileries. jacques-Louis David, 1812.  [Source]

Who is a terrorist?

Dzhokhar Tsarnaev, the surviving Boston marathon bomber, will be tried as a civilian and not as an enemy combatant.  Tsarnaev is an American citizen, but he’s also a suspected terrorist – hence debate over the mode of trial, and a related controversy over his Miranda rights. We tend to reflexively identify terrorists as international operatives, despite instances of (and increasing anxiety over) “homegrown” terrorists.  But what we call homegrown terrorism – plotting within a target nation – is in fact somewhat closer to the original English use of the word, which dates from the eighteenth century, and which was coined to describe the (potentially violent) thwarting of political participation.

“Terrorist” first entered the English language in Edmund Burke’s Letters on a Regicide Peace, written and published throughout 1795 and 1796 –the politician and philosopher’s extended argument against England ending its war with France, and his last reaction to the French Revolution. It came directly from the French “terroriste” and “terrorisme,” both of which came into use in 1794, during the most violent phase of the Revolution. The French Constitution of 1795 had been widely opposed; riots were put down by a young Napoleon Bonaparte.  “Twenty thousand regular Troops garrison Paris,” wrote Burke. “Thus a complete Military Government is formed…To secure them further, they have a strong corps of irregulars, ready armed. Thousands of those Hell-hounds called Terrorists…are let loose on the people.” He concluded: “The whole of their Government, in its origination, in its continuance, in all its actions, and in all its resources, is force; and nothing but force.”

Terrorism here is associated with government coercion, with wielding illegitimate power – illegitimate because it had no consent from the people: “This year’s Constitution…is the only one which in its very formation has been generally resisted… It never had a popular choice even in show.”

Burke’s usage was echoed by Jeremy Bentham some twenty years later in his Plan of Parliamentary Reform. Bentham listed “the Terrorist” as a figure “by whom freedom of suffrage is destroyed…The terrorist is he who obtains his seat by the motive of fear…he who repels, quells, subdues, or excludes any competitor.” For Bentham, too, terrorism represented a perversion of the political process.

In this emphasis on the nature of unsanctioned power, however, we can see that the emotional resonance of the word was the same then as now: unpredictability, violence, and fear.

 

An 18th-Century Argument Against the Death Penalty

Murder in the Carriage (Probably a Design for The Tyburn Chronicle) by Samuel Wale, 1721-1786, British

Murder in the Carriage (Probably a Design for The Tyburn Chronicle) by Samuel Wale, 1721-1786, British. Yale Center for British Art, Paul Mellon Collection.

Cesare Beccaria (1738-1794), Enlightenment philosopher and Italian jurist, is back in the news. Lawyers for convicted murderer Jody Lee Miles in Maryland have used his argument against the death penalty.

Beccaria thought punishment was effective when it was certain and swift, but not necessarily when it was violent. “If I can demonstrate that it is neither necessary nor useful,” he wrote, “I shall have gained the cause of humanity.” The emotional appeal may be compelling, but it actually hinges on an important argument about rights and power: Beccaria didn’t think the state had the right to punish by death. No individual had the right to take another’s life, and if the state derived its authority from the people, capital punishment amounted to “a war of the whole nation against one citizen.” You can read the whole thing – along with his exception for treason, which provided the loophole in the Maryland constitution – in his Essay on Crimes and Punishments. (It’s interesting to note how his reasoning on the subject of government power also leads him to side with the gun rights lobby.)

Beccaria’s was very much an Enlightenment project – an attempt to remake corrupt institutions by explaining and justifying the limits of their power. It was Beccaria who first explored the concept of “utility,” later codified in Utilitarianism. He was a major influence on English philosopher and liberal Jeremy Bentham, who gave us the Panopticon. If you’re interested in exploring the eighteenth-century justice system first hand, at least in the English context, check out London Lives. It documents the crime and social policy that Beccaria and Bentham were concerned with.