Enclosure of the Mind

“[T]he chief matter . . . being now not the fruits of the earth, and the beasts that subsist on it, but the earth itself; as that which takes in, and carries with it all the rest.
~ John Locke, Two Treatises of Government, 1689

“As long as we keep ourselves busy tilling the earth, there is no fear of any of us becoming wild.”
~ Michel Guillaume Jean de Crevecoeur, Letters From an American Farmer, 1782

“Inclosure came and trampled on the grave
Of labour’s rights and left the poor a slave …
And birds and trees and flowers without a name
I sighed when lawless law’s enclosure came.”
~ John Clare, The Mores, 1820

“Strangely enough they have a mind to till the soil and the love of possession is a disease with them. These people have made many rules that the rich may break but the poor may not. They take their tithes from the poor and weak to support the rich and those who rule.
“They claim this mother of ours, the earth, for their own and fence their neighbors away; they deface her with their buildings and their refuse. The nation is like a spring freshet that overruns its banks and destroys all that are in its path.”
~ Sitting Bull, Speech at the Powder River Council, 1877

The time has arrived when we should definitely make up our minds to recognize the Indian as an individual and not as a member of a tribe. The General Allotment Act is a mighty pulverizing engine to break up the tribal mass. It acts directly upon the family and the individual.
~ Teddy Roosevelt, Address to Congress about Dawes Act, 1901

The early modern period saw the legal push for land enclosure, privatization, and consolidation. It became a powerful force in the 18th century, which destroyed the ancien regime, destabilized the social order, and precipitated revolts and eventually revolution. This was central to Enlightenment thought in the creation or exacerbation of Jaynesian consciousness, post-bicameral nostalgia, Platonic/Cartesian anxiety, atomistic individualism, capitalist realism, social Darwinism, and WEIRD culture. In a short period of time, land reform, agricultural improvements, and technological advancements led to the first dependable grain surpluses, particularly the increase of wheat production, the sudden availability and affordability of white flour, and the industrial development of the high-carb standard American diet (SAD). Also, with colonial trade, tobacco, tea and sugar replaced local smoking herbs and herb-infused beer. Heading into the 19th century and continuing into the next, all of this combined might have contributed to the disappearance of the fairies and the emergence of a crisis of identity, followed by moral panic along with the rise of widespread mental illness and drug addiction and other diseases of civilization, which continues to worsen, not to mention increasing rates of such things as autism — all of it central to what one could call the agricultural mind, exacerbated by mass urbanization, industrialization, and big ag.

This is an ongoing line of speculation, but the land enclosure angle is somewhat new. We’ve previously written about the enclosure movement, privatization and the loss of the Commons, as it obviously is one of the most central changes in recent history, arguably key to understanding nearly all other changes in modernity. It coincided not only with capitalism, corporatism, and industrialization but also colonial imperialism and its vast trade network. There really is no way of comphrehending what all the fuss was about, from the English Peasants’ Revolt to the English Civil War to the American Revolution, without knowing how feudalism was forcefully and violently dismantled not by the peasants and serfs but by aristocrats and monarchs. Other economic practices and systems were seen as more profitable or otherwse attractive. Eliminating the feudal system of parishes and commons, for example, eliminated all of the inconvenient social obligations and traditional roles of noblesse oblige that constrained power according to the authorizng precedence of living tradition and custom. Part of the complaint of some aristocrats, including the more radical-minded like Thomas Jefferson, was that the ancien regime was perceived as oppressively confining to everyone, including the aristocracy. But to destroy that old order meant creating something radically new in its place, which would involve new subjectivities, identities, and roles.

That was the self-enforced task set before the Enlightenment thinkers and later reformers. Individuality and independence was praised, but some at the time admitted to or hinted at the fact that these were not natural law and human birthright. They had to be artificially created. First off, let’s set down a distinction: “Like social constructionism, social constructivism states that people work together to construct artifacts. While social constructionism focuses on the artifacts that are created through the social interactions of a group, social constructivism focuses on an individual’s learning that takes place because of his or her interactions in a group” (Wikipedia). Another way of thinking about this was described by Richard M. Doyle: “The philosopher Louis Althusser used the language of “interpellation” to describe the function of ideology and its purchase on an individual subject to it, and he treats interpellation as precisely such a “calling out.” Rather than a vague overall system involving the repression of content or the production of illusion, ideology for Althusser functions through its ability to become an “interior” rhetorical force that is the very stuff of identity, at least any identity subject to being “hailed” by any authority it finds itself response-able to” (Darwin’s Pharmacy). A social artifact, once socially constructed, offers an affordance that unconsciously enforces the authorization of social constructivism through the interpellation of calling out a particular behavioral subjectivity we become identified with in responding. So, to give a concrete example, we are enacting the propertied self when, after seeing a no trespassing sign, we don’t cross a fence. We’ve been hailed by the authorization of an implicit ideological realism that makes a claim over us, constraining not only our behavior but more importantly our identity. But that response has to be taught, modeled, and internalized — fences and walls, like roads and sidewalks, become the infrastructure emblazoned upon the mind.

This civilizing process was more starkly apparent at the beginning of modernity because so much of what we take for granted, within this dominant ideological realism, did not yet exist. To establish private landholdings was necessary to form the structure for the propertied self, far beyond mere self-ownership in not being a slave (i.e., liberty). The danger, to the emerging capitalist class, was that there were competing structures of identity with the communal self and bundled mind that continued to assert itself. Consider the elite intellectual William Godwin (1756–1836) who saw “associations as constructing their members’ subjectivities, not merely directing their energies incorrectly,” writes Robert Anderson. “In this sense, then, associations are analagous to what Louis Althusser calls Ideological State Apparatuses which provide material rituals and practice, which subjects recognize themselves. Unlike Althusser’s state apparatuses, which hail subjects as individuals, political associations, in Godwin’s view, construct a “common mass” subject, in which subjects are undifferentiated one from another. Since, as Sayer and Corrigan argue, the construction of subjectivity is central to the success of a nation-state, this function of political associations is no trivial matter” (“Ruinous Mixture”: Godwin, Enclosure and the Associated Self). Those like Godwin thought collectivities were a bad thing, since individualistic propertied elites such as himself represented the ideal in his utopian ideology. During this same era, George Washington warned of the threat of politcal parties and one wonders if he had similar worries on his mind, considering his treatment of the collective action of Shays’ Rebellion. Robert Anderson explains what this entails:

“The Enclosure Movement, which yokes the realms of the subject and of property, gives some historical grounding for Julia Kristeva’s theory of the abject, which describes the psychic imperatives that drive the subject to distinguish itself from a “common mass.” This force, I am suggesting, determines the movement towards the enclosure of both the commons and the “self.” It concerns an anxiety about the “clean and proper” (“le propre”) boundaries of the self (“le propre”). The subject is constructed through a process of exclusion and boudnary-defense which involves an attempt ot ensure the singularity and integrity of the self within its boundaries, and an attempt to protect those boundaries of the self—not merely the self, but the boundaries themselves. Abjection names the proces of “exclusion” through wich “‘I’ expell myself” from indifferentiation and wildness/animality. The abject, then, threatens to “engulf” the subject because it is a reminder of what it must push aside in order to live. We can se this at work in Young’s claim that enclosure transformed the country from “boundless wilds and uncultivated wastes” into “well-peopled” “inclosures . . . cultivated in a most husband-like manner . . . and yielding an hundred times times the produce.” It is to guard against the “ruinous Effects of a Mixture of opposite Interests” and the “untidiness” of common and use-rights, that enclosure takes place. It cleans and distinguishes le propre—the self, the property—from the “improper.” In his chapter on “The Principles of Property,” Godwin argues that property performs this very function. In spite of the great injustices it causes, the right to property is so “sacred” that no exertion or sacrifice to protect it can be too great (2.440-50). It creates an “essential” “sphere” which protects man from outside intervention, thereby freeing up a space for the operation of “private judgment,” which is necessary for the improvement of man” (2.433). This improvement is threatened if the self is not protected from being “resolve[d] . . . into one common mass” (1.289). Abjection, then, is the psychological engine for improvement.

“The history of enclosure bears out Kristeva’s argument that abjection is ultimately a reliance on the law, which “shapes the body into a territory protected by the “differentiations of proper-clean and improper-dirty” (72). Thompson reveals the extent to which “reasons of improvement” had acquired the status of legal terminology, in particular as a justification for the enclosure of the commons (“Custom” 134-60 passim). A. W. B. Simpson’s A History of Land Law articulates the historical change from “communal rights” of the commons to individual rights, which both made possible and were produced by the enclosure: “[t]he tenurial system converted the villagers [who used the land as common village property] into tenants, and the theory of the law placed the freehold of most of the lands of the manor in the lord. . . . Thus a theory of individual ownership supplants earlier more egalitarian notions” of property. And with this change, common rights came to be seen as having originated “in the grant of the lord,” rather than as a “customary rights associated with the communal system of agriculture practiced in primitive village communities.” In cases where enclosure was contested, however, court rulings often reversed the implicit chronology of “improvement” to suggest that enclosure was the natural state of property rather than an innovation.”

This demonstrates how the conservative authority of hierarchical individualism usurped the role of traditional authority of the ancestral commons, the latter a vestige of archaic authorization of the bicameral mind. The historical revisionism of the conservative project of individualistic privatization hints at the underlying reactionary mind that fuels the radical transformation through the invented tradition of ideological realism dressed up in robes from the wardrobe of moral imagination, proclaiming it has always been this way and putting a narratized spell of historical amnesia upon Jaynesian consciousness — and so individuality erases the evidence of its own origins, like the scaffolding removed from a cathedral after being built by thousands of laboerers over centuries. The threat of collective action of worker associations, labor unions, etc is not that they represent something radically and entirely new but that they are old impulses/habits carried over from the lingering habitus of the ancien regime and traditional communities that keep challenging the radical modernity of reactionary conservatism. The conservative counterrevolution is itself revolutionary, as it is also authoritarian. As noted many times before, the ideology of independence of hyper-individualism is inseparable from dependence of authoritarianism (as violently oppressive militarism, totalitarianism, imperialism, and statism) — concentrated and centralized power, concentrated and centralized land ownership, concentrated and centralized psychic energy (withdrawn form the common world-self and enclosed). It requires concerted political effort and monopolization of violence to break apart communal land and identity. The capitalist self of hyper-individualism began with the wealthy elite precisely because they were the initial beneficiaries of the enclosure movement. They were enclosing not only land but their own minds and selves from the ancient common mass of the lingering traces of the bicameral mind. Many were thinking about these issues.

Thomas Jefferson and Thomas Paine’s land reform proposals are as much, if not more, about selfhood and social identity as they are about economics (the elimination of entail and primogeniture was intended as a direct attack on aristocracy). Neither trusted an elite to control all land and all benefits from land but they (fatalistically?) accepted that the enclosure movement was irreversible or necessary for the society that was being created, even as they acknowledged the loss of freedom as demonstrated by Native Americans who could act freely precisely because they were acting within a commons (Benjamin Franklin also made such observations about the greater indigenous freedom and its attraction). These specific founders wanted to make all individuals either land owners (Jefferson’s yeoman farmers as republican citizens) or beneficiaries of land ownership (Paines’s citizens dividend), in both cases a response to the enclosure movement as it encroached in on the New World through land consolidation. Self-development had been limited to the elite, but what if self-development could be made available to all. The most radical challenge of Enlightenment thought was that all of humanity, even women and the poor and non-Europeans, shared a common human nature and that self-cultivated individuality was a universal potential, while others saw it as a necessary demand and obligation (develop an individual self or be punished). Like these two, Adam Smith thought inequality opposed a free society of individual citizens. And for this reason, Smith worried that, as opposed to agriculture, the new industrial labor might dumb down the population and so public education was necessary. Without land to cultivate as part of Jeffersonian republicanism, society would have to teach other methods of self-cultivation. Godwin likewise was concerned with education motivated by a belief that every individual should independently research, analyze, and assess everything for themselves; such deification of individualism being an impossible ideal, of course; but that apparently was of no great concern to him beause he was of a less practical bent, as opposed to Jefferson and Paine’s aspirations to offer real world solutions. From Godwin’s perspective, the point was to create and enforce individualism, including actively destroying collectivities, and then everything else would presumably fall into place.

Godwin opposed the commoners re-creating the ancient practice of the commons for the very reason it was such a natural and deeply entrenched impulse within the shared psyche. Later on, it would be the same reason collective adoptions had to be illegalized to destroy Shaker communities, collective land ownership had to be constrained to weaken Hutterite communities, and collective labor unions had to be busted to shatter working class communites. Individualism isn’t created only one time in the past but must be constantly re-created through the policies and actions of government, the punishment and coercion of law, and the encouragement of incentives and subsidies. Individualism is such a weak, unstable, and unnatural state that it would break apart without constantly being shored up and defended. The modern psyche is ever seeking to return to its origins in the bundled mind of bicameralism, animism, or some other variant. The inherent failure of individualism is regularly affirmed by how individualist realism is entirely dependent on collectivist institutions of state governments, state-created corporate charters, etc — such as giving greater rights, privileges, benefits, power, autonomy, and representation to corporate persons than to most individual humans. We are suffused with an authoritarian collectivism that is the actual system behind the charade of individualism. As with Edmund Burke, Godwin’s fear of combinations, mixings, and associations — the undifferentiated masses — expressed a fear of the impure and disorderly; like an obsessive-compulsive child forever lining up her toys and panicking whenever anyone touches them. This is the demand for principled consistency in the WEIRD mind, but the only principle is order for the sake of order, as demonstration of hierarchical power to assert the authority that authorizes ideological realism. It must be an enforced order because the ancient organic orders of tribe, kinship, village, commons, etc or the grassroots organizing of communities and workers can’t be trusted because it can’t be controlled hierarchically through centralized authority and concentrated power. When the last traces of bicameral voices have been silenced, conservatives see hierarchy as the only authority left to command authorization, be it the hierarchy of Klan, church, military, or something similar.

Hierarchy, though, can only accomplish this if it has been narratized and internalized, by way of the interpellation of symbolic conflation where an ideological realism recedes from consciousness in becoming the calcified frame of thought and perception. This was what made the enclosure movement essential in reifying an abstract ideology. It had to be imprinted upon not only the human psyche but the land itself, the literal ground of psyche as our embodied sense of place. The early land reforms rigidified boundaries, regimented land ownership, and systematized infrastructure — roads were straightened and waterways channelized. As the echoes of the living bicameral voices of ancestral spirits were transformed into the written word as the “dead hand” of corpses (i.e., widespread literacy), the soil became mere dust and land mere property with the earth being mapped and bounded. Some traditions such as Quaker living constitutionalism sought to hold onto the remnants, as part of the memory of a former British communalism. The living landscape invoked by Australian Aborigines maybe was not so different than the English practice of beating the bounds and wassailing that reinforced a collective enclosure of a shared subjectivity. Once the commons were gone, there were no bounds of the commons left to be ritually beat as a community nor communal lands inabited by spirits to be wassailed. Land reform was social reform and moral reform. Godwin’s described education of the mind like the cultivation of enclosed land, which reminds one that Lockean land rights were defined not merely by use but by cultivation or improvement of enclosed land (including John Locke’s consitutional defense of slavery; propertied self going hand in hand with the embodied self literally being property to be owned; though Locked suggested a vague qualification about how much could be enclosed, which meant the rich could accumulate vast tracts of land as long as theoretically somewhere there is still land available for others), wherease the pre-Lockean land rights of Roger Williams acknowledged that any use of even non-enclosed land proved (demonstrated and expressed) ownership, which might simply have been an invocation of the old Charter of the Forest, “guaranteeing the right to commoning (recovered in 1217), which in turn recognized subsistence rights, e.g., the right to widow’s estovers (wood needed for housing repairs, implements, etc.), and to subsistence usufructs (the temporary use of another person’s land)” (Carolyn Lesjak, 1750 to the Present: Acts of Enclosure and Their Afterlife); some of the practices continuing into 19th cenury American property law and still barely hanging on today in certain Western countries.

It is intriguing to think about how recent this happened, but first consider where it began. “In the Middle Ages, fifty per cent or more of the land was commons, accessible to everybody,” says Mark Vernon (Spiritual Commons). Then the enclosures began. “Overall, the pace of enclosure rose dramatically after the 1760s as landowners turned to parliament for the legitimization of their claims,” writes Nina Mcquown. “Michael Turner estimates that more than twenty percent of the area of England was enclosed by act of parliament between 1750 and 1819, the vast majority of these acts occurring after 1760 (32). A high concentration—twenty-one percent of the whole of acreage enclosed by parliament—was enclosed in the decades between 1770 and 1780 and in the years of high grain prices during the Napoleonic wars (Yelling 16).11 Although enclosure continued until the end of the nineteenth century, by 1815 only small and discontinuous patches of common fields remained” (“Rank Corpuscles”: Soil and Identity in Eighteenth Century Representations). Then some further details from Gary Snyder: “between 1709 and 1869 almost five million acres were transferred to private ownership, one acre in every seven. After 1869 there was a sudden reversal of sentiment called the ‘open space movement’ which ultimately halted enclosures and managed to preserve, via a spectacular lawsuit against the lords of fourteen manors, the Epping Forest.” To put that in context, following the Englsh Civil War, the Glorious Revoluion reinstated the monarchy in 1688, but there now was a powerful Parliament. That Parliament would be the agent of change, beginning to take strong actions in that next century. Not only were the commons privatized for the colonies were legally constructed as for-profit corporations, along with the creation of quasi-governmental corporations like the East India Company. This led to the complaints by the colonists in demanding the king stand up to Parliament, but the monarchy no longer held the reigns of power. Capitalism was now running the show.

Even then the Charter of the Forest as the founding document of the Commons, having been established in 1217, didn’t officially end until 1971. It almost made it to the end of the Cold War and a new millennia. One might suspect the Commons seemed too communist to be allowed to survive. If it had been maintained, the people might have gotten the wrong idea about who the country belonged to. Even as the politics of it is more than relevant, what made the enclosure movement a revolutionary moment was the transformation of the Western mind. The real issue was the enclosure of the common identity and moral imagination. That is why, as colonial imperialism took hold and expanded, the rhetoric so heavily focused on the symbolic ‘wilderness’ left remaining. Though the “percentage of wastelands—forests, fens, sheep walks, and moors—enclosed and improved during the period of parliamentary enclosure was relatively small,” writes Nina McQuown, they “loomed large in the imaginations of the propagandists responsible for encouraging the expansion of both enclosure and the innovative agricultural practice that it was thought to support.” Carolyn Lesjak writes that, “If enclosure in the 16th century was largely “by agreement” and, in fact, condemned by both the church and the government, who sided with the commoners’ claims regarding “common rights,” by the 1750s the government had taken the lead and over the course of the period from 1750-1830 passed over 4000 Acts of Enclosure, resulting in over 21% of the land (approximately 6.8 million acres) being enclosed (see Ellen Rosenman’s BRANCH essay on “Enclosure Acts and the Commons”). By the end of the century, virtually all the open fields in Britain were gone.” Everything had to be cultivated, even what was deemed useless. All material was to be fodder for improvement and progress, at least in the new mythos. “After the 1760s,” McQuown explains, as the “British improvers turned the logic and language of colonialism inward, towards the wastes,” they also turned inward to colonizing the uncultivated mind.

This makes one realize how false it is to blame everything on the later political revolutions and freethinking radicals. The enclosure movement actually began much earlier around the 14th century, around the time of the English Peasants’ Revolt. Even Parliaments’ legal justifications and enforcement happened generations before the Boston Massacre and Boston Tea Party. This reform of land, self, and mind unsurprisingly preceded and then overlapped with the early modern revolutions. John Adams famously wrote that, “What do We mean by the Revolution? The War? That was no part of the Revolution. It was only an Effect and Consequence of it. The Revolution was in the Minds of the People, and this was effected, from 1760 to 1775, in the course of fifteen Years before a drop of blood was drawn at Lexington. The Records of thirteen Legislatures, the Pamphlets, Newspapers in all the Colonies ought be consulted, during that Period, to ascertain the Steps by which the public opinion was enlightened and informed concerning the Authority of Parliament over the Colonies.” His only error was limiting his scope to the colonies and not pushing it further back. Enclosure of land became reform of mind became revolution of society became rupture of history. The cultivation of farming that once followed astrological cycles of return (i.e., revolution) had ground down the bones of the dead into dust. Humanity was uprooted from the past and temporally dislocated in an abstract narrative, as cyclical time became linear and nostalgia became a disease. The colonists surely experienced this most clearly in how the early waves of colonists largely consisted of the most destitute landless peaseants, many recently evicted from the commons and feudal villages, often arriving as slave-like indentured servants and convict labor — one can imagine the desperation and despair they felt, as being sent to the early colonies was practically a death sentence.

The colonial era may seem like a distant time from the present, but we can sense how the world we now live in was shaped then. Most Westerners remain landless peasants. The commons that once defined a communal experience of reality only remain like the shadows of a nuclear blast, the traces of a living world that remains our ancient inheritance, however cut off we have become. It may seem the egoic boundaries of our individualism have toughened into place like scars, like the crust of parched earth. We feel tired and anxious from the constant effort of mainaintiaing the walls of our mind, to keep the self separate from the world. It takes only a moment’s lapse when our guard is let down before we begin to sense what we have lost. An aching tenderness remains below. We are so hungry for connection that simply stepping into the commons of a forested park can feel like a spiritual experience for many people today. Yet such moments are mere glimpses too often quickly forgotten again. We have no shared experience, no living memory to draw from. We have no solid ground to stand upon. And the path to a different world that existed in the past has been gated shut. Or so it seems. But is that true? Where else could we be but in the world? Nature knows no boundaries nor does the human psyche, if we root down deep enough into our own soil. There is no sense of self without a sense of place for we mould ourselves out of the clay, as we breathe the dust of our ancestors.

Landscape is memory, and memory in turn compresses to become the rich black seam that underlies our territory.

Alan Moore, Coal Country, from Spirits of Place

Ever place has its own… proliferation of stories and every spatial practice constitutes a form of re-narrating or re-writing a place… Walking [into a place] affirms, suspects, tries out, transgresses, respects… haunted places are the only ones people can live in.

Michel de Certeau, The Practice of Everyday Life

* * *

Southern United States: An Environmental History
by Donald E. Davis, pp. 136-7

Without question, Kentucky’s early reputation as a hunter’s paradise influenced public opinion about all those residing in the uplands during the early settlement period. In a world that equated agricultural improvements with civilization, Native Americans living in the backcountry were seen by most Anglo-Europeans as representing the lowest evolutionary stage of human development—hunter. So needing a rationale for conquering and subdividing the largely forested frontier, Kentucky and other Ohio Valley Native Americans became hunters in the minds of most Europeans, even though they were also accomplished agriculturalists. Not surprisingly, after frontier settlers had later adopted many of the same subsistence techniques and hunting practices of their Shawnee, Creek, and Cherokee neighbors, they too were ridiculed by authorities for their “backward” and “primitive” ways. The British military commander for North America, Thomas Cage, was already of the opinion in 1772 that white backcountry settlers “differ little from Indians in their manner of life” [Davies 1972-1981, V. 203]. Perhaps more to the point is frontier historian Stephen Aron, who, in paraphrasing Cage’s letter to the Earl of Hillsborough, wrote that backcountry residents “dressed like Indians, comported themselves like Indians, and indiscriminately consorted with one another like Indians [Aron 1996, 14]. Hunting was blamed as the principal cause of the problem by both religious reformers and the ruling elite, who in their missionary visits and public appeals, tried to promote the latest agricultural reforms among the backwoods populace. Agreeing with the reformers, Crevecoeur, the celebrated author of Letters from an American Farmer, wrote that “as long as we keep ourselves busy tilling the earth, there is no fear of any of us becoming wild; it is the chase and the food it procures that have this strange effect” [Crevecoeur 1957, 215].

“Ruinous Mixture”: Godwin, Enclosure and the Associated Self
by Robert Anderson

In this argument, I turn on its head Godwin’s claim that the right to private property “flows from the very nature of man.” While Godwin argues that the right to property is “founded” on the “right of private judgment” which “flows from the very nature of man” (2.169-70), I will argue that this argument runs counter to his notion that private property “unavoidably suggests some species of law” to guarantee it (2.439). To be more specific, I argue that Godwin’s defense of the “sacred” and “essential” “sphere” surrounding the self (1.1.70, 1.257), which is necessary to potect it from being “resolved . . . into the common mass” (1.289), draws upon the conceptual framework which informs the rhetoric of the Enclosure Movement. In particular, I note his argument that cutting off the individual from the “common mass” is necessary for “improvement”—another term for enclosure. [….]

Part of his “extensive plan of freedom” involved the socialization of the self and (ideally) property and the rejection of all restraints on individual liberty; his “reprobation,” I argue, stems from this same defense of private judgment, which can be said to serve the conservative interests of the powers that be.

  1. The Subject of the Commons

Political associatons came of age in the latter part of the eighteenth century in response to the upheavals wrought by the industrial revoltion. Associations were contesting the state’s efforts to regulate subjectivites. Albert Goodwin recounts that in 1790 in the industrial center of Sheffeld, for example, “the master scissorsmiths,” apprehensive of the collective power of striking scissor grinders, “called a general meeting of the town’s merchants and manufacturers ‘to ooppose the unlawful combinations of the scissor grinders and the combinations of all other workmen.'” The same anxiety about the collective strength of the poor which led the Sheffield city leaders to oppose combinations also led to attempts to eradicate collective landholding arrangements by enclosing the commons. Following the passage of the Private Enclosure Act of 6 June 1791, in whch 6,000 acres of commons were redistrbuted among the wealthy “local land-holders, tithe-owners and large freeholders,” an angry mob, comprising both peasants and industrial laborers, rioted, threatening to destroy “the lives and properties of the freeholders who had approved the enclosure” (165-67). The fact that the mob opposing enclosure included industrial laborers as well as peasant farmers whose land was being appropriated reveals the close connections between enclosure and industrial capitalism. Sayer and Corrigan make the connecton between enclosure, capitalism, and subjectivity in this period more explicit.

But the great catastrophe which above all pervades the eighteenth century is the acceleration of the great “freeing” of labour (and thus making labour-power) that divides wage-labouring from generalized poverty; the long movement from service to employment, from provision to production/consumption, from political theatre to the individualism . . . of the vote: enclosures.” (96)

As Marx argues, enclosure ensures that workers, expropriated from their means of subsistence, are thrust into relations of dependence on the capitalists.

Goodwin goes on to relate that the response of the commoners and laborers also took forms more organized and intellectual than rioting. “When ‘5 or 6 Mechanicks’ began to meet . . . to discuss ‘the enormous high prices of Provisions,'” they initiated the creation of political societies, associatons, for the (self-) education of the working classes (166). They attempted, in the words of one charter, “to persuade their benighted brethren to defend themselves against private and publiic exploitation by the assertion of their natural rights” (qtd. in Goodwin 167). Political societes provided laborers with an organized forum—an institution—to exert influence on the opinions of their fellow laborers, and by extension, on society at large. Godwin opposes political associations on just this account. The “interference of an organized society” to influence “opinion” is “pernicious” (2.2280. “[E]ach man must be taught to enquire and think for himself,” uninfluenced by either “sympahy or coercion,” guided only by “reason.” The “creeds” of politcal associations, on the other hand, encourage “each man to identify his creed with that of his neighbour” (1.288). He goes on to argue that sympathy, like a disease, is especially contagious among undisciplined laborers: “While the sympathy of opinion catches from man to man, especially among persons whose passions have been little used to the curb of judgment, actns may be determined upon, which the solitary reflections of all would have rejected” (1.294). Like the unenclosed commons, sympathy threatens the distinctions upone which general improvements is predicated: the “mind of one man is essentally diistinct from the mind of another. If each do not preserve his individuality, the judgment of all will be feeble, and the progress of our common understandng inexpressibly retarded” (1.236).

1790, the year the Sheffeld master scissorsmiths moved to oulaw the combinations of “grinders” and “workmen,” was also the year in which Edmund Burke published his Reflections on the Revolution in France. Burke reserved his greates hostility—and fear—for the “confusion” of the “swinish multitdude” (314). Reflections reveals the extent to which concerns about the collective power of the masses, the upheavals of the industrial revolution, and anxiety about the French Revolution are intertwined. The “French Revolution,” he argues, was brought about “by the most absurd and ridiculous . . . by the most contemptible instruments. Everything seems out of nature in this strange chaos of levity and ferocity, and all sorts of crimes jumbled together with all sorts of follies.” And further, it is a “monstrous tragi-comic scene, the most opposite passions necessarily succeeded, and sometimes mix with each other in the mind; alternate contempt and indignation; alternate laughter and tears; alternate scorn and horror.” Burke’s concern about the inappropriate mixture driving the French Revolution invokes a common rhetoric for disparaging forms of life among peasants and the laboring population. It appears, as I will argue, in condemnations of the “waste” and the “ruinous . . . Mixture of opposite Interests” in the subsistence economy of the commons, and in Godwin’s critique of the tumult of political associations—both of which are seen as threats to individual integrity and “progress.” It also appears in his analysis of the “mechanism of the human mind.”

“Rank Corpuscles”: Soil and Identity in Eighteenth Century Representations
by Nina Patricia Budabin McQuown

The teleology of improvement could even stretch towards man’s transcendence of matter itself. This idea is amply represented in a notorious reverie from Godwin’s first edition of An Enquiry Concerning Political Justice (1793), where Godwin projects the complete domination of matter—not only the matter of the soil, but also and especially the matter of the body—as the eventual outcome of human progress, beginning with its progress in agriculture. His logic traces a line from improved agriculture to a human transcendence of appetite, illness, and death: “[t]hree fourths of the habitable globe is now uncultivated. The parts already cultivated are capable of immeasurable improvements” (2: 861), he offers, and if we can gain control “over all other matter,” Godwin suggests,

“why not over the matter of our own bodies? If over matter at ever so great a distance, why not over matter which . . . we always carry about with us, and which is in all cases the medium of communication between that principle and the external universe? In a word, why may not man one day be immortal?” (2: 862)

Godwin’s questions are only the most succinct statement of the radical hope that is at the center of late eighteenth-century bourgeois liberalism, which, as Kramnick has argued, linked agricultural improvement to “middle-class disdain for the past, for history, and for custom” (Kramnick, “Eighteenth-Century Science” 9). For reformist thinkers, in all areas of human ambition, improvement was articulated as a break with the past and an optimistic orientation towards the future.

Even so, reformers relied on an analogy between human self-ownership and landownership that draws on inherited parallels between human bodily-economy and the social system.5 Reformers saw an obvious parallel between agriculturally improved land and the human subject, who, cut off by self-reliance from the prejudice of contemporaries as well as the inherited prejudices of the past, could “cultivate” himself towards perfection, so that, as Robert Anderson puts it, “[t]he moral economy and political economy merge in the social and semantic fields covered by ‘improvement’” (630). In the works of both Godwin and Priestley, both subjectivity and soil are divided into discrete properties whose content is to be determined by one and only one owner, protected by the integrity of the individual conscience from absorption into the “common mass” of human thought and opinion (620).6 Enclosure of both self and soil meant divestment from the influence of history—those ancient patriarchs and their prejudices—as much as from the influence of the rights of commonage. If earlier authors imagined the soil as disseminating ownership of England’s past, bearing it physically into the bodies of nationals, later eighteenth-century reformist authors often render the soil as a failed medium for the transmission of historical experience and lingering subjectivities. Such failure is, paradoxically, reinscribed as improvement. Priestley destroys the “foundation” for the prejudicial thought of the past, and Charlotte Smith, as we will see in the conclusion to this chapter, insists on a failure of communication between the present and an incomprehensible past that is buried well below reach of the ploughshare, and is in any case unworthy of transmission. Smith and Priestley deny the relevance of the past to the present because both prefer to build on a different foundation.

This chapter examines late eighteenth-century reformist representations of the soil primarily in the field of agricultural writing. It offers an analysis, first, of Arthur Young’s writing in support of the enclosure of waste soils in several works of the 1770s and 1780s. In contrast to the revolutionary rhetoric of Priestley, Godwin, and Smith, Arthur Young is usually thought of as a political conservative for his response to the French Revolution.7 Yet to call Young a conservative is to fail to appreciate common ground he shared with the likes of progressives such as Godwin and Priestley in his advocacy for enclosure and against tithes and poor rates. Moreover, in the field of agriculture at least, Young was hardly an advocate for the careful and conservative restoration of the edifice of the past. For Young, the waste spaces of Britain must be rendered into an inviting blankness empty and available enough to rival the magnetism of America’s putatively untouched interior. We start by acknowledging the ways that his arguments for the enclosure of wastelands require the figuration of Britain as Locke’s tabula rasa, ripe for human improvement, and move on to a specific discussion of Young’s descriptions of moor soils as the prototypical waste, where we find him forcibly unearthing and dispersing the evidence of other histories and interests in the soil in order to make the past available for improvement towards a progressively more fertile future. In Young’s improvement and enclosure propaganda, we can see that eighteenth-century agricultural writing does not, like Dryden’s translation of the Georgics and Defoe’s Tour in this dissertation’s chapter two, simply mediate, reframe, or cover up relics that it cannot fit into an acceptable narrative of British history, or, like Powell and Philips, allow the concept of recirculation through the soil to provide an alternative, inarticulate, and immediate relation to the past. Nor does Young, like Smollett or Tull, suggest sequestration from the violating agency of decay. Instead, Young offers an improvement that actively un-earths the past. The coherence of Young’s improved Britain is based not on a hermeneutics of repression, where fragmented and conflicting histories are buried out of sight, but on the agricultural improver’s active recycling of the past into fertile soil that will produce a better future. His texts acknowledge the tangles of historical and legal relics and material and customary restraints in and on the soil in order to enact their exhumation and dispersal. By claiming and controlling the power of putrefaction to break down and disseminate relics, Young’s improver takes over the soil’s work of decay. He releases the value of the past for the production of future goods.

In fact, Young’s program—which became the program of the new Royal Agricultural Society in 1793—was so successful that by the end of the eighteenth century, the landscape of Britain was entirely changed. With private enclosures replacing open fields formerly held in common, it was divided into subdivisions set apart by hedgerows, ditches, walls, and straight(er) roads. Where Godwin imagined a mind that could be enclosed and cultivated like soil through improvements, the poet John Clare asserted that by the first decades of the nineteenth century, that the British landscape had indeed come to imitate the private boundaries of the individual conscience. In this poem on the enclosure of his native village in Northhamptonshire, “The Moors,” for example, Clare shows,

“Fence meeting fence in owners’ little bounds
Of field and meadow, large as garden grounds,
In little parcels little minds to please,
With men and flocks imprisoned, ill at ease.”
(46-49)

For Clare as for others, the consonance of a private landscape and a private subjectivity came with a sense of loss, both of individual rights, and of continuity with the past, whose paths “are stopt—the rude philistine’s thrall / Is laid upon them and destroyed them all” (64-5). The sense that improvement had turned out to mean the parceling up of experience into discrete and discontinuous blocks led, for Godwin, to his eventual anxiety that the possibility of future progress had also been lost. How can men whose lives are so strongly separated engage in the communication that leads to human perfection? This anxiety motivates Godwin’s An Essay on Sepulchres (1809), a text in which Godwin ultimately abandons his advocacy for a historical soil, and proposes that dirt—literally the dust of the buried corpses of great men—could be the foundation of improvement by materializing cultural and historical continuity. Godwin’s Essay proposes a different kind of soil-fertility, land that fruits out in knowledge, experience, and sentiment instead of only food. Yet Godwin’s essay is unable to imagine an immediate and therefore openended relation between human bodies and the dust of the dead. He strives to secure stable access to corpses that are also subjects, with particular memories and ideas to represent to their living interlocutors. Intent on controlling the legacy that the past leaves for the future, Godwin can only approach the dead through the medium of their representations—both the texts they leave behind and the monuments he wants to erect at their gravesites. Ultimately, his Essay offers less a plan for the stable continuity of experience across generations, than a revelation of the limits of what representations and mediums can accomplish when they refuse the immediate agency of soil.

The Early Modern 99%
by Harry C. Merritt

Reverberations of battle are the soundtrack to developments in England at the time, where King Charles I would be executed the following year and his kingdom transformed into a commonwealth. During the course of the film, the educated and principled Whitehead is forced into labor together with the alcoholic Jacob and the simpleton Friend by O’Neill, a rogue Irishman seeking self-enrichment. […]

Not just England was in turmoil at this time — much of Europe and the growing number of territories it ruled across the globe experienced extraordinary upheaval during the sixteenth and seventeenth centuries.

Though the “General Crisis of the Seventeenth Century” thesis originally developed by Marxist historian Eric Hobsbawm has since been challenged and amended, a number of broad themes can still be distilled. Religious dissent and political radicalism challenged the authority of both the Catholic Church and monarchs who ruled by the grace of God. Conflicts like the Thirty Years War descended into endless nihilistic pillage and slaughter before lending themselves to the creation of the modern state system. The ruthless quest for precious metals and profits fueled the conquest of Native American peoples and the establishment of the Atlantic slave trade.

Perhaps one of the most powerful conceptualizations of this period can be found in Peter Linebaugh and Marcus Rediker’s book The Many-Headed Hydra: The Hidden History of the Revolutionary Atlantic. According to Linebaugh and Rediker, the ruling classes imagined themselves to be the latter-day incarnation of Hercules, laboring to bring order to a chaotic world. The embodiment of their enemy was the mythological Hydra, whose many heads represented its multifarious elements: religious dissenters, radical commoners, rebellious African slaves, fiercely independent Native Americans, and freethinking women.

In the Americas and on the Atlantic, “the plebian commonism of the Old [World]” encountered “the primitive communism of the New World” and formed a hybrid, alternative vision that set itself against the emergent order of modernity. Late in A Field in England, a hallucinating Whitehead declares, “I am my own master”; this realization is precisely what the ruling classes feared most in the Hydra.

Despite its multitudes, the Hydra was ultimately unsuccessful at challenging the emerging capitalist, colonialist order of modernity. In the centuries since, it would be difficult to imagine a group that parallels the Hydra in its diversity, utopianism, and in the threat it poses to the ruling classes — that is, until today. The emergence of the 99% as a social grouping that has come to be dreaded and despised by members of the 1% reproduces the dynamics and the discourse of that era.

While a new era of globalization erodes the economic security of the vast majority of the US, the 1% and their political supporters insist that they work harder than the rest of us and thus their ownership of nearly half of the world’s wealth is for the greater good. Recently, we have been treated to numerous declarations from members of the 1% suggesting that they are under threat from the 99%.

These shrill cries about impending repression — invoking Nazism seems popular — reveal the degree to which the 1% identify with one another and fear the masses. Like the Hydra, the 99% is a rhetorical construction rather than a social formation with clear class consciousness. Its very diversity constitutes its greatest weakness. The repeated spread, defeat, and resurrection of movements like Occupy Wall Street and Spain’s indignados resemble the scattered but persistent revolts of the Hydra. Today’s Occupy activists should recall that a revolutionary conspiracy by a group of New York City laborers — black and white, slave and free — emerged in 1741 out of a waterfront tavern just blocks from today’s Zuccotti Park. With goals that are simultaneously utopian and practical, these movements appeal to both the basic needs and the deepest desires of common people around the globe. […]

Alain Badiou sees “the invariant features of every real mass movement: egalitarianism, mass democracy, the invention of slogans, bravery, the speed of reactions” embodied in both Thomas Müntzer’s movement of the 1500s and in Tahrir Square of the 2010s. As disparate groups occupy public spaces from Cairo to Madrid to New York, asserting their rights and presenting an alternative vision of their societies, we should not forget the members of the Hydra who fought against the exploitation of the ruling classes in favor of another world during the early modern period.

Some will argue that our present time is too distant to draw many practical lessons from this period. But that does not mean we cannot look to its events, personages, and symbols for inspiration. By coincidence, the rainbow flag used by today’s LGBT and peace activists bears a striking resemblance to the rainbow flag Thomas Müntzer once used to rally the German peasantry — a fitting symbol in any period for uniting a diverse coalition and insisting that another world is possible.

The Effect of Land Allotment on Native American Households During the Assimilation Era
by Christian Dippel and Dustin Frye

Toward the end of the 19th century, with the conclusion of the Indian Wars and the closing of the frontier, reformers and the U.S. government turned their attention towards the cultural assimilation of Native Americans, ninety percent of whom were living on the reservations created in the previous decades. This is signified by the famous 1892 quote: “kill the Indian in him, and save the man.”1 Assimilation efforts were centered on land allotment policies that broke up tribally owned reservation lands into individually owned homestead-sized land allotments. As the Bureau of Indian Affairs (BIA) commissioner noted: “if there were no other reason [for allotment], the fact that individual ownership of property is the universal custom among civilized people of this country would be a sufficient reason for urging the handful of Indians to adopt it.” Allotment was the cornerstone of federal Indian policy beginning with the passing of the General Allotment (or ‘Dawes’) Act in 1887 until it ended with the passing of the Indian Reorganization (or ‘Howard-Wheeler’) Act (IRA) in 1934 (Carlson, 1981, p18).

When a reservation was opened for allotment, all families on the reservation were given allotments, and these allotments were held in a trust managed by the local Indian agent (the BIA’s local superintendents in charge of a reservation). Trust-status meant allottees could not sell or collateralize an allotment. In order to obtain full ‘fee-simple’ legal title for their allotment, allottees had to be declared “competent” by the BIA agent (Carlson, 1981; Banner, 2009; Otis, 2014). In short, Indian allotment was designed as a conditional transfer program aimed at cultural assimilation. The first ‘treatment arm’ was an unconditional transfer program: receiving an allotment gave the allottee the unconditional right to use the land for their own purposes, as well as the right to leasing rents. The second treatment arm was only obtained conditional on proving one’s “competence.” Allotment’s conditional transfer arm (full title) was worth almost 20 times annual per capita incomes in our data, orders of magnitude larger than modern-day conditional transfer programs. Our paper is an investigation into how individual households responded to the incentives created by this program.

We hypothesize that individual allottees responded to the allotment policy’s incentive structure by signalling cultural assimilation to the BIA agents in order to be able to obtain full property rights over their allotments. First evidence of this comes from an annual panel of reservation aggregate data from the BIA’s annual reports from 1911 to 1934. In addition to schooling, these data include very direct measures of assimilation or assimilation-signalling, namely the number of “church-going Indians” and of those “wearing civilized dress.” We combine these data with the universe of Indian allotments, which the Bureau of Land Management (BLM) has digitized with geo-location and issuance year. In a within-reservation over-time comparison, we find that school-attendance, the number of church-going Indians and the number of those wearing civilized dress increased in lock-step with the expansion of allotment, even after controlling for potential changes in school and clerical infrastructure.

1 Quote from a speech by Capt. Richard Pratt, founder of the first Indian boarding school. Appendix-Figure A1 shows one of the many “before/after” pictures one finds in association with the Assimilation Era.

Metaphorical Space and Enclosure in Old English Poetry
by Benjamin S. Waller

A Language Older Than Words
by Derrick Jensen, pp. 101-6

Only recently—especially after teaching at a university for a few years— have I come to understand why the process of schooling takes so long. Even when I was young it seemed to me that most classroom material could be presented and assimilated in four, maybe five, years. After you learn fractions and negative numbers in first or second grade, what new principles are taught in math until algebra in junior high? It’s the same with science, art, history, reading, certainly writing. Nearly everything I learned those years—and this was true for my friends as well—was gleaned through books and conversations outside class. It’s true to the point of cliché that most of the “crap” we learn in high school, as Simon and Garfunkel put it, is a bland stew of names, dates, and platitudes to be stored up the night before each test, then forgotten the moment the test is handed in.

During high school, I believed the primary purpose of school was to break children of the habit of daydreaming. If you force them to sit still long enough, eventually they tire even of sinking turn-around fadeaways at the buzzer to win NBA championships. Having sat in the back of the class lining rockets over the left field fence for the better part of thirteen years, I was ready to move on.

I’ve since come to understand the reason school lasts thirteen years. It takes that long to sufficiently break a child’s will. It is not easy to disconnect children’s wills, to disconnect them from their own experiences of the world in preparation for the lives of painful employment they will have to endure. Less time wouldn’t do it, and in fact, those who are especially slow go to college. For the exceedingly obstinate child there is graduate school.

I have nothing against education; it’s just that education— from the Greek root educere, meaning to lead forth or draw out, and originally a midwife’s term meaning to be present at the birth of—is not the primary function of schooling. I’m not saying by all this that Mrs. Calloway, my first-grade teacher, was trying to murder the souls of her tiny charges, any more than I’ve been trying to say that individual scientists are necessarily hell-bent on destroying the planet or that individual Christians necessarily hate women and hate their bodies. The problem is much worse than that, it is not merely personal nor even institutional (although the institutions we’ve created do mirror the destructiveness of our culture). It is implicit in the processes, and therefore virtually transparent.

Take the notion of assigning grades in school. Like the wages for which people later slave—once they’ve entered “the real world”—the primary function of grades is to offer an external reinforcement to coerce people to perform tasks they’d rather not do. Did anyone grade you when you learned how to fish? What grades did you get for pretending, shooting hoops, playing pinball, reading good books, kissing (“I’m sorry, dear, but you receive a C”), riding horses, swimming in the ocean, having intense conversations with close friends? On the other hand, how often have you returned, simply for the joy of it, to not only peruse your high school history textbook, but to memorize names and dates, and, once again for the joy of it, to have a teacher mark, in bright red, your answers as incorrect?

Underlying tests as given in school are the presumptions not only that correct answers to specific questions exist, but that these answers are known to authority figures and can be found in books. Tests also generally discourage communal problem solving. Equally important is the presumption that a primary purpose of school is to deliver information to students. Never asked is the question of how this information makes us better people, or better kissers, for that matter. Systematically—inherent in the process—direct personal experience is subsumed to external authority, and at every turn creativity, critical thought, and the questioning of fundamental assumptions (such as, for example, the role of schooling on one’s socialization) are discouraged.

If you don’t believe me, pretend for a moment you’re once again in school. Pretend further that you have before you the final test for a final required class. If you fail this test, you fail the class. While you may have enjoyed the process of schooling, and may even have enjoyed this class, you enjoyed neither enough to warrant repetition. Pretend the test consists of one essay question, and pretend you know the instructor well enough to understand that if you mimic the instructor’s opinions you’ll get a higher grade. If you disagree with the instructor—pretend, finally, that you do— you’ll be held to a higher standard of proof. What do you do? Do you speak your mind? Do you lead with your heart? Do you take risks? Do you explore? Do you write the best damn essay the school has ever seen, then return next year to retake the class? Or do you join with thousands—if not millions—of students who face this dilemma daily and who astutely bullshit their way through, knowing, after all, that c stands for Credit?

Grades, as is true once again for wages in later life, are an implicit acknowledgment that the process of schooling is insufficiently rewarding on its own grounds for people to participate of their own volition. If I go fishing, the time on the water— listening to frogs, smelling the rich black scent of decaying cattails, holding long conversations with my fishing partner, watching osprey dive to emerge holding wriggling trout—serves me well enough to make me want to return. And even if I have a bad day fishing, which, as the bumper sticker proclaims, is supposed to be “better than a good day at work,” I still receive the reward of dinner. The process and product are their own primary rewards. I fish; I catch fish; I eat fish. I enjoy getting better at fishing. I enjoy eating fish. No grades nor dollars are required to convince me to do it. Only when essential rewards disappear does the need for grades and dollars arise.

It could be argued that I’m missing the point, that the product of the years of homework and papers and tests are not the physical artifacts, nor the grades, nor the bits of information, but instead the graduates themselves. But that’s my point exactly, and we must ask ourselves what sort of product is that, from what sort of process.

A primary purpose of school—and this is true for our culture’s science and religion as well—is to lead us away from our own experience. The process of schooling does not give birth to human beings—as education should but never will so long as it springs from the collective consciousness of our culture—but instead it teaches us to value abstract rewards at the expense of our autonomy, curiosity, interior lives, and time. This lesson is crucial to individual economic success (“I love art,” my students would say, “but I’ve got to make a living”), to the perpetuation of our economic system (What if all those who hated their jobs quit?), and it is crucial, as should be clear by now, to the rationale that causes all mass atrocities.

Through the process of schooling, each fresh child is attenuated, muted, molded, made—like aluminum—malleable yet durable, and so prepared to compete in society, and ultimately to lead this society where it so obviously is headed. Schooling as it presently exists, like science before it and religion before that, is necessary to the continuation of our culture and to the spawning of a new species of human, ever more submissive to authority, ever more pliant, prepared, by thirteen years of sitting and receiving, sitting and regurgitating, sitting and waiting for the end, prepared for the rest of their lives to toil, to propagate, to never make waves, and to live each day with never an original thought nor even a shred of hope.

In Letters From an American Farmer, Michel Guillaume Jean de Crévecoeur noted: “There must be in the Indians’ social bond something singularly captivating, and far superior to be boasted of among us; for thousands of Europeans are Indians, and we have no examples of even one of those Aborigines having from choice become Europeans.”

Benjamin Franklin was even more to the point: “No European who has tasted Savage Life can afterwards bear to live in our societies.” It was commonly noted that at prisoner exchanges, Indians ran joyously to their relatives while white captives had to be bound hand and foot to not run back to their captors.

It is small wonder, then, that from the beginning, whenever we have encountered an indigenous culture, we have had the Lord our God— replaced now by economic exigency—tell us that “thou shalt smite them; and utterly destroy them; thou shalt make no covenant with them, nor shew mercy unto them.” What seems at first aggression is in fact self preservation, a practical staunching of what would otherwise be an unmanageable and embarrassing flow of desertions.

The same self-preservation motivated my father’s actions when I was a child. To preserve the person that he had become, he had to smite and utterly destroy all who reminded him of what could have been, and of the person he once was, far beyond conscious memory, before his parents, too, out of self-preservation destroyed him. So he lashed out with fist, foot, voice, penis, all so he could forget, all so we could never know, ourselves, that alternatives to fear existed. Had he been able to destroy the stars to so destroy me, he would have done it. Had he been able to destroy the stars, as even now we are destroying the seas and forests and grasslands and deserts, he would have succeeded, I am sure, in destroying me.

In the eighteenth century, de Crévecoeur wrote, “As long as we keep ourselves busy tilling the earth, there is no fear of any of us becoming wild.” Though the wild outside diminishes each day, as do intact cultural alternatives, the fear of these alternatives remains. The fear shall remain so long as we live the way we do, and so long as there are alternatives we must avoid. The alternatives shall remain so long as there is life. We should not be surprised, then, that our culture as a whole must destroy all life and that we as individuals must not dwell upon the horrors we visit not only upon others but upon ourselves, that we dwell instead upon the daily earning of our bread, and beyond that pile upon ourselves project after project to keep ourselves always occupied, always unconscious of the fact that we do not have to live this way, always blindered to alternatives. For if we looked we might see, if we saw we might act, and if we acted we might take responsibility for our own lives. If we did that, what then?

The Communist Commons

There is a nexus of issues: property and ownership, land and Lockean rights, the Commons and enclosure, free range and fences. This has been a longtime interest of mine. It goes back to the enclosure movement in England. It led to tumultuous conflict in England and Ireland. This then set the stage for the issues in the American colonies that brought on revolution. The issues remain unsettled going into the 19th century.

There are many angles to this, but I would first offer some background. Traditional European society, as with other traditional societies, was built on various notions of shared land and shared rights. This was well established in the land known as the Commons and guaranteed as part of common law and the rights of commoners (what in the colonies came to be thought of as the rights of Englishmen), established by precedent which is to say centuries old tradition involving centuries of legal cases, going back to the early history of the “Charter of the Forest” and Quo Warranto.

In writing about Thomas Paine’s ‘radicalism’, I noted that it particularly “took shape with the Country Party, the “Country” referring to those areas where both the Commons survived the longest and radical politics began the earliest; the strongholds of the Diggers and Levellers, the Puritans and Quakers; the areas of the much older Celtic, Anglo-Saxon, and Scandinavian ancestries.” From another post that was even more scathing, it is made clear what are the consequences of the true radicalism of early capitalism in privatizing what was public: “The land enclosure movement shredded the social contract and upended the entire social order. It was the most brazen act of theft in English history. It was theft from the many to profit the few.”

This is how millions of English and Irish serfs were made landless and impoverished. In droves, they headed for the cities where many of them died of sickness and starvation. Others were imprisoned, hung, put into workhouses, or sent overseas as indentured servants. Yet more died along the way. Once they were inseparable from the land they lived on, but now their lives were cheapened and so their lives became brutal and short. The earliest indentured servants rarely lived long enough to see the end of their indenture. Those like Thomas Paine saw all of this firsthand and experienced some of it on a personal level.

This is the world out of which the American Revolution was fomented and a new nation founded. The issues themselves, however, remained unresolved. This should be unsurprising, considering Europeans had been fighting over these issues for millennia. Still, for most of history, there was a shared worldview. John Locke wrote about the right of land being based on who used it and improved upon it, but this was simply what most people took as common sense going back into the mists of the ancient world. Feudal serfs thought they had a right to the land that they and their ancestors had lived and worked on for centuries. Native Americans assumed the same thing. Yet Lockean land rights, without any sense of irony, was implemented as rhetoric to justify the theft of land.

Even so, the old worldview died slowly. The notion of private property is a modern invention. It remained a rather fuzzy social construct in the centuries immediately following the Enlightenment thinkers. This was particularly true in the American colonies and later on the frontier of the United States, as claims of land ownership were an endless point of contention. The same land might get sold multiple times. Plus, squatter’s rights had a Lockean basis. Use was the primary justification of ownership, not a legal document.

In early America, there was such vast tracts of uninhabited land. It was assumed that land was open to anyone’s use, unless clearly fenced in. Even if it was known who owned land, law initially made clear that others were free to hunt and forage on any land that wasn’t enclosed by a fence. Both humans and livestock ranged freely. It was the responsibility of owners to protect their property and crops from harm: “Livestock could range freely, and it was a farmer’s responsibility to fence in his crops and to fence out other people’s animals!” This was the origin of the open range for cattle that later on caused violent conflict in the Wild West when, like the wealthy elite back in England, ranchers enclosed public land with claims of private ownership. Barbed wire became the greatest weapon ever devised for use against the commons.

This struggle over land and rights was an issue early on. But the ancient context was already being forgotten. The traditional social order was meaningless in this modern liberal society where claims to rights were individualistic, not communal. Not long after the American Revolution, James Fenimore Cooper had inherited much family land. It apparently wasn’t being used by the property owner and, according to custom, the locals treated it as a public park. Cooper was offended at this act of trespass defended in the his neighbors making a Lockean-like claim of their use of the land. It wasn’t fenced in, as law required, to deny use by the public.

There was a simple reason for this early attitude toward land. It was an anti-aristocratic response to land accumulation. The purpose was to guarantee that no one could deny use of land that they weren’t using. This meant someone couldn’t buy up all the land in monopolistic fashion. Land had one purpose only in this worldview, in terms of its usefulness to humans. Basically, use it or lose it. And many people did lose their land according to such claims of use. That remains true to this day in US law. If a neighbor or the public uses your land for a certain period of time without your challenging their use, a legal claim can be made on it by those who have been using it. In many states, a squatter in a building can go through a legal process to make a claim of ownership.

The conflict involving Cooper and his neighbors was a minor skirmish in a larger battle. It only became a central concern with the large numbers of immigrants putting greater pressure on land ownership. This was exacerbated by conflicts with Native Americans, such as President Andrew Jackson’s forced removal of multiple tribes that had sought to gain legitimacy of legal rights to their land such as building houses and farming, along with assimilating to American culture. This act was the blatant betrayal of Lockean land rights and of the entire justification of law. These tribal members were free citizens of the United States who had both legal title and Lockean claim.

Tensions grew even worse after the Civil War. That was when settlers claiming land ownership came into conflict with both Native Americans and open range cowboys. Then as the railroads encroached, many squatters were kicked off their land, Lockean land rights be damned once again. Interestingly, Abraham Lincoln as a young lawyer worked for the railroad companies in kicking these poor people off their own land. As president, Lincoln wasn’t any kinder to the Native Americans, for the progress of capitalism superseded all quaint notions of rights and ownership.

Another point of conflict was Emancipation (see Ballots and Fence Rails by William McKee Evans). All of the freed blacks became a major problem for the racial order, not unlike how feudal serfs had to be dealt with when feudalism ended. Emancipation also caused disarray in relation to land and property. The Civil War decimated the South. In the process, a large number of Southerners were killed or displaced. There was no one to tell blacks what to do and so they went about living their own lives, squatting wherever they so pleased as long as it wasn’t occupied by anyone else. There was plenty of land for the taking.

This was intolerable to the white ruling class, despite it being entirely within the law. Fraudulent charges were brought against blacks with accusations of trespass, theft, and poaching. It was assumed that anything a black had couldn’t rightfully be theirs and so everything was taken from them, even property they had bought with money made with their own labor. Blacks were often forced off their land and made to return to their former plantations, now as sharecroppers… or else made into forced prison labor, since the law only made private and not public slavery illegal.

All of this led to property laws becoming more narrow and legalistic. Over time, further restrictions were placed on the public use of lands. The Depression Era was the last time when large numbers of Americans were able to live off of the commons. My mother’s family survived the Depression by hunting and foraging on public land and on open private land, as did millions of other Americans at that time. Yet conflicts still happen, such as the Bundy standoff where ranchers thinking they were cowboys in the Wild West pointed guns at federal agents over a disagreement about grazing rights on public lands. It’s amusing that these right-wingers, however misguided in their understanding of the situation, were fighting for the public right to the commons.