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    Sallust in Defense of History

    February 2, 2022 by Will Morrisey

    Sallust: The War with Catiline. Loeb Classical Library.

     

    Born in 86 B.C., Sallust became a member of the Roman Senate in his late twenties, then a tribune of the plebs a few years later. He therefore can be said to have had first-hand dealings with both the ‘few’ and the ‘many’ at an early age. No aristocrat, initially he seems to have inclined in favor of the plebs, a preference that may have contributed to his expulsion from the Senate for alleged corruption—the sort of crime which, had it been acted against universally, might have severely depopulated the Senate of his time. In the civil war that ensued a few years later, he sided with Julius Caesar—that noteworthy example of the rule of the ‘one’ who wins power by appealing to the many—obtaining an appointment as government of Numidia; for his pains, he was again charged with corruption, although this time his patron got him off the hook. He retired in 44 B.C., and in the ten years remaining to him he composed a substantial body of work, of which The War with Catiline and The War of Jugurtha survive extant. His five-volume history of Rome is lost.

    Why history? Sallust begins his book on the Catilinian conspiracy with a defense of historiography, a defense intended particularly for Romans, who at that time had written so much less of it than the Greeks. “All human beings”—the one, the few, and the many—who “are keen to surpass other animals had best strive with all their vigor not to pass through life unnoticed, like cattle, which nature has fashioned bent over and subservient to their stomachs.” Unlike animals, “all our vitality” resides in both soul and body, with the godlike soul properly ruling the beast-like body. “Therefore, it seems to me more right to seek renown, that we should employ the resources of intellect than of bodily strength, and since the life we enjoy is itself brief, to make the memory of ourselves as lasting as possible.” The best way to do that is to cultivate “manly virtue,” a “shining and lasting possession,” unlike “riches or beauty,” the renown for which doesn’t last. 

    Sallust thus begins his history with a justification of the life of the mind in ‘thumotic’ or aristocratic terms. For Plato’s Socrates, thumos rules the bodily appetites; while they love physical pleasures and fear pain, thumos or spiritedness loves honor and fame, detesting the way bodily appetites drag human beings down to the level of brutes. Logos or reason, in turn, rightly rules thumos, and through it the appetites. Hence the ‘philosopher-king’—king, at least, of his own soul, ruling it in accordance with reason, the distinctively human characteristic. Sallust, however, makes an appeal to the honor-lovers, the aristocrats or patricians: If you want fame, if you seek renown, if you would achieve something like godlike immortality, use your souls to achieve manly virtue. Unlike Socrates, Sallust puts the mind to the service of honor-loving spiritedness. Or, perhaps, that is his argument in justifying his own way of life, his own life of the mind, his historiography, to patricians, to men who scorn mere words and seek glory in great actions.

    He knows that the thumotic few have long debated the priority of soul to body or body to soul. “For a long time, there was a big dispute among mortals whether military sucess depends more on bodily strength or strength of soul.” It is true that both are needed to win battles, and the renown such victory brings. “In the beginning,” kings—for “that was the first title of rule on earth”—chose between the two ways of life, “some training their intellect and others their body.” At that time, a third choice. covetousness, wasn’t seriously considered by such men. “But after Cyrus in Asia and in Greece the Lacedaemonians and the Athenians began to subdue cities and nations, to suppose the lust for dominion a pretext for war, to consider the greatest empire the greatest glory, then finally men learned from perilous enterprises that qualities of intellect can accomplish the most.”

    Sallust makes several noteworthy observations in that sentence. The first kings confined their rule to poleis, to city-states. There, the question of strength of soul, and especially of the intellect, versus strength of body really was a question; city-states are small, and a man of exceptional physical strength, surrounded by friends or kinsmen nearly his equal in prowess might well rule the merely intelligent, as anyone who has experienced a high school gym class has learned. Ruling a vast empire is another matter; physical force doesn’t travel well, at least under the conditions prevailing in the ancient world, without long-range weapons. (And even such weapons require intelligence to design.) Second, the discovery of the superiority of mind to bodily strength in the pursuit of imperial rule and fame occurred both in Asia and in Europe; it was a ‘cross-cultural’ discovery, not limited to any one civilization but a discovery about human nature—one made, moreover, not by philosophers but by the rulers themselves and their subjects, proven in action, not in thought. The human mind proved itself in practice, not in the theory at which it excels more obviously. Finally, “covetousness” found its first expression not in commerce but in conquest and in ruling. It was not first of all a matter of ‘economics.’

    With this discovery, however, a new question or problem came to sight. Manly excellence of soul works well in war, as the great empire builders demonstrated. Surprisingly, it works less well in peace. If it did, “you would not see rule passing from hand to hand and everything in turmoil and confusion.” You would not see empires break up, rebellious provinces, palace revolutions, factions fighting each other in the streets. It is true that “rule is easily retained by the qualities by which it was first won”; a prudent emperor readily maintains his authority. But those very qualities decline with that very sustained imperial rule. As years wear on, “sloth has usurped the place of hard work, and lawlessness and insolence have superseded self-restraint and justice.” With this, “the fortune of princes changes with their character,” as men of real virtue overthrow their complacent superiors. 

    This is true not only in politics but in agriculture, navigation, and architecture. Success in those endeavors also “depends invariably upon manly virtue.” There, too, however, “many mortals, being slaves to appetite and sleep,” slaves to the bodily appetites, “have passed through life untaught and untrained,” living ways of life “contrary to Nature’s intent,” wherein “the body [is] a source of pleasure, the soul a burden.” Such men are “on a par” with one another in life and in death,” since “no record is made of either,” no fame distinguishes them or raises them above animals. They have achieved equality, but it is an equality of obscurity, of slavish subservience to their own mediocrity. “In the very truth, that man alone lives and makes the most of life, it seems to me, who devotes himself to some occupation, seeking fame for a glorious deed or a noble career.” Nature provides many paths to the same end, using the human characteristic closest to the gods, the power of the mind, to win the fame that constitutes the closest men get to divine immortality.

    Here the practice of history arises. “It is glorious to serve the Republic well by deeds; even to serve her by words is a thing by no means absurd; one may become famous in peace as well as in war.” That is, the peace of empire need not bring sloth in its train, nor factitiousness. For “both those who have acted and those also who have written about the acts of others receive praise.” The poet Homer, the historians Herodotus, Thucydides, and Polybius have won fame for themselves with their words by preserving the fame of doers in those words. Rome has had no such historian, before Sallust. In Rome, “by no means equal renown attends the narrator and the doer of deeds, nevertheless the writing of history is an especially difficult task: first, because the style and diction must be equal to the deeds recorded”—as with poetry, art should imitate nature—and also “because such criticism as you make of others’ faults are thought by most men to be due to malice and envy.” With the artistic challenge, the historian faces a moral challenge, not unlike that faced by the man of action, whose every move is prey to malicious and envious rivals. Further, men notoriously believe only what they want to believe, and what they believe they measure by their own capacities. “While everyone is quite ready to believe you when you tell of things which he thinks he could easily do himself, everything beyond that he regards as fictitious, if not false”—a lesson Thucydides had taught, centuries before. Whether you praise great men of action or blame them, you will endure much the same egalitarian animosity, the same growling of men who remain too near the level of beasts, as those you write about must endure. Sallust thus moves to win the sympathy of the few, the men who look down on those who teach, who work with words, instead of doing. 

    He turns to autobiography to increase this sympathy. As a young man, he entered public life, finding “many obstacles, or instead of modesty, incorruptibility, and honesty, shamelessness, bribery, and rapacity held sway,” captivating his ambitious young soul, in “my youthful weakness.” He went along to get along. He exited public life into enforced leisure. But “it was not my intention to waste [that] precious leisure in indolence and sloth,” the bane of peace, “nor yet to turn to farming,” like Cincinnatus, or to hunting—which he deems “slavish employments.” “On the contrary, I decided to return to an undertaking and pursuit from which the harmful craving for advancement had held me back, and to write of the deeds of the Roman people, selecting such portions as seemed to me worthy of record.” With a soul “free from hope, and fear, and partisanship,” he has chosen to write on the conspiracy of Catiline,” a history that deserves “special notice because of the novelty of the crime and of the danger arising from it.” History well written might change the course of events in his country, if citizens understand the way of tyrants, the unnatural way of their nature. 

    What was his nature, his character? A patrician, Lucius Catiline “had great vigor both of soul and body, but an evil and depraved intellect.” Sallust makes no attempt to account for the origin of that nature. It may be that some tyrants are born, not made. However it may have been with Catiline, “from youth up, he reveled in civil wars, murder, pillage and political dissension, and amid those he spent his early manhood.” “His soul was reckless, cunning, treacherous, capable of any form of pretense or concealment,” and he put it to use in a life of covetousness, but not the covetousness of a Cyrus or a Pericles. Like Aristotle’s tyrant, he bent his ambition toward gain for himself, not for his country, a country that already ruled the world, with nothing more to covet. A man of “violent passions,” he threw away his own property while seizing the property of others; “he possessed a certain amount of eloquence, but little discretion.” His was the wrongly ordered soul par excellence, one that “ever craved the excessive, the incredible, the impossible.”

    He saw the dictatorship of Lucius Sulla in the years 83 to 79 B.C. The Romans appointed dictators in times of emergency. “Seized with a great passion of seizing control of the republic,” Catiline understood that he could “make himself supreme” only if another crisis occurred. He couldn’t wait for one to occur by chance, however. Indebted by his own extravagance, vulnerable to prosecution for his crimes, his “fierce soul” was “spurred on, also, by the corrupt public morals, which were being ruined by two great evils of opposite character, luxury and avarice”—public parallels to his own private vices—he needed to foment such a crisis as soon as he could.

    Sallust here pauses to explain how “the public morals” of Rome had “ceased to be the noblest and best,” in accordance with “the institutions of our forefathers in peace and in war,” and thanks to the way those men “governed the republic” within the framework of those institutions, only now to “become the worst and most infamous” of countries, one in which a Catiline might arise. The city of Rome was founded by the Trojans, who arrived in an Italy populated by native, “rustic” folk who had no laws of government, living “free and unrestrained.” Although different in race, language, and way of life, these people “were merged into one with incredible facility,” thanks to its founding lawgivers. But the very prosperity of Rome, as it grew “in population, civilization, and territory,” fostered envy in the surrounding peoples, who “put [the Romans] to the test of war.” Their friends in Italy for the most part looked the other way, forcing the Romans into self-reliance. They “defended their liberty, their country, and their parents by arms,” becoming a powerful military republic. Their victories enabled them to turn to their erstwhile allies and political friends from a position of strength, “establish[ing] friendly relations” with them “rather by conferring than by accepting favors,” in liberty not dependency.

    The regime, “founded on law,” was a monarchy in name, an aristocracy in fact. The patricians were elders, called “Fathers,” their bodies “enfeebled by age,” their intellects “fortified with wisdom” at the service not of themselves but of “the welfare of the republic.” That is, even before embarking on empire, they had already answered the question emperors had settled, the question of whether the soul’s intellect or the body should be authoritative in human life. When the monarchic element of the regime so strengthened as to overbear the few, establishing tyranny, in 509 B.C. the patricians wisely “altered their form of rule,” changed the regime, by appointing two consuls with one-year terms, thereby checking and balancing what would later be called ‘executive’ power while ensuring that no one man or combination of two men could become ensconced in power over the Senate. This again shows the importance of the human mind; the bicephalous executive was designed to “prevent men’s minds from growing insolent through unlimited authority.”

    This reform affected the spirit of the whole population, not only the spirit of the one and the few. “Every man began to distinguish himself and to put his native talents forward.” The Roman regime now brought out what Sallust has called the best of human nature in all its citizens. The Romans used their minds to strive for fame. Although in perpetual danger from its enemies, the Romans’ “civitas, once liberty was won, waxed incredibly strong and great in a remarkably short time, such was the desire for glory that had arrived on the scene.” Its young men consented to the “vigorous discipline” of army life, learning and practicing the “soldier’s duties” enabling them to endure “the hardships of war.” For such men, “valor mastered all obstacles.” Their “greatest struggle for glory” came not from their battles with foreigners but “with one another,” as each strove to surpass the others in striking down enemies, in performing feats of military prowess. “This they considered riches, this fair fame and high nobility:” “this fame they coveted.” They sought “only such riches as could be gained honorably,” their aim being “unbounded renown” not luxury.

    And it is precisely in this that Rome has suffered. The goddess Fortuna “rules everywhere.” One expects Sallust to write that the strong Roman people found themselves overmatched by her, and for the historian to draw from this a lesson of humility. Not at all. Fortuna worked against Rome not in ordaining its downfall but by exercising her capacity to “make all events famous or obscure according to her pleasure rather than in accordance with the truth.” The Athenians performed “great and glorious deeds,” but the fame of those deeds surpasses their true worth “because” Fortuna would have it so. “Athens produced writers of exceptional talent” to laud them, men of “great intellect” who more than matched the deeds with “words of praise.” “The Roman people never had that advantage, since their most prudent men were always engaged with affairs; no one employed his intellect apart from his body; the best citizen preferred action to words and thought that his own brave deeds should be lauded by others rather than that theirs should recounted by him.” (Julius Caesar would become the exception to this rule.) Not only should Romans not denigrate their historians, but they should also understand that the fame they seek can last only in their words.

    In the Rome Sallust admires, the one whose history he would write, “good morals were cultivated at home and in the field…thanks not so much to laws as to nature,” the nature cultivated by the regime, animated by its spirit. Romans reserved their quarrels for their enemies, as “citizen vied with citizen only for the prize of merit.” With respect to money, “they were lavish in their offerings to the gods, frugal in the home, loyal to their friends,” exhibiting “boldness in warfare and justice when peace came.” In war, they observed the mean between extremes, exacting punishment on a soldier for attacking contrary to orders or for leaving the field of battle too reluctantly when so ordered. Thumos, yes, but thumos in right measure. When at peace, “they ruled by kindness rather than fear, and when wronged preferred forgiveness to vengeance,” centuries before Christianity would adjure them to do so. ‘Kind’ also means ‘nature.’ 

    It was only “when our country had grown great through toil and the practice of justice” that Fortuna “began to grow be savage and to bring confusion into all our affairs.” The regime of military republicanism needs adversaries to continue in the spirit of courage, moderation, and justice. Under the austere conditions of danger, “leisure and wealth” were desirable, but under the conditions of world empire they were “a burden and a curse.” Longterm rest imperils the regime of active warrior-citizens by turning their ambition toward wealth and rule not over foreigners but over one another. Avarice ruins honor, integrity, and “all the other noble qualities,” replacing the virtues of the few with insolence, cruelty, impiety—the thumotic impulses gone wrong. Romans began “to set a price on everything.” They began to conceal their corrupt natures from one another, pretenders to the virtues they once openly displayed, showing “a good front rather than a good heart.” They surreptitiously, each in his own heart, raised not the battle standard of Rome but “the standard of self-interest.” 

    Because their ethos had been a warrior ethos, their souls initially “were activated less by avarice than by ambition.” But after the rule of Lucius Sulla had “brought everything to a bad end from a good beginning, all men began to rob and pillage.” This occurred not only through his bad example, bringing out the selfishness which had by now risen dangerously near the surface of Roman souls, but because he corrupted the army. Having led it to Asia, to lands ruled by despots wallowing in luxury, he secured the loyalty of his soldiers to himself, not to Rome, but “allow[ing] it a luxury and license foreign to our ancestral customs”; “those charming and voluptuous lands…easily demoralized the warlike spirit of his soldiers.” The most active and austere segment of the Roman people “learned to indulge in women and drink, to admire statues, paintings,” stealing exquisite vases from private houses and public places, pillaging shrines, and “desecrat[ing] everything, both sacred and profane.” If “prosperity tries the souls of even the wise,” why would it not ruin the souls of soldiers? This is how Sulla made an army of Rome his own private army.

    These men returned to Rome with their trophies and, worse, their newfound vices. “As soon as riches came to be held in honor,” mingling with ambition and the desire for glory and for rule, virtue no longer became a source of honor among honor-lovers. “Luxury and greed, united with insolence, took possession of our young manhood,” those the would-be tyrant needs to boost himself into power. Their ancestors had “adorned the shrines of the gods with piety,” not gold leaf; they had adorned their homes with glory, having taken nothing from the vanquished but “the license of doing harm” to Rome. They lived mindfully, doing honor to their human nature. “The men of today, on the contrary, basest of creatures,” no longer fully human, “with supreme wickedness are robbing our allies”—not only their vanquished enemies—of “all that those most courageous men in the hour of victory had left them; they act as though the only way to rule were to wrong.” They have destroyed friendship among themselves and with Rome’s allies, weakening Rome both internally and abroad.

    In the new Rome, men level mountains and extend their villas on jetties into the seas, abusing nature and squandering money for the gratification of their own pleasure. “Men played the woman, women offered their chastity for sale.” Driven by such “self-indulgence,” young men ran themselves into debt, turning to crime to pay the bills. 

    “In a city so great and so corrupt Catiline found it a very easy matter to surround himself, as by a bodyguard, with troops of criminals and reprobates of every kind.” What Sulla had done in Asia Catiline did in Rome, militarizing vice. A self-ruling republic requires a self-ruling citizenry, but the would-be tyrant wanted neither. This is why “most of all Catiline sought the intimacy of young men,” as “their souls, still pliable as they were and unstable, were without difficulty ensnared by his deceits.” After “carefully studying the passion which burned in each, according to his time of life, he found harlots for some or brought dogs and horses for others,” thus “mak[ing] the dependent and loyal to himself,” borrowing the technique from Sulla. Dependency on ‘the one’ replaced self-governing liberty among the many and the few in the rising generation.

    Catiline himself seems to have needed no such seduction. “Even in youth [he] had many shameful debaucheries,” notably with a woman named Aurelia Orestilla, “in whom no good man ever commended anything save her beauty,” as Sallust finely phrases the matter. In order to clear his way into her household, Catiline murdered her stepson. Sallust suggests that Catiline may have hastened his political conspiracy because “his guilt-stained soul, at odds with gods and men, could find rest neither waking nor sleeping so cruelly did conscience ravage his overwrought mind.” That is, the tyrannical mind, impassioned by the prospect of physical pleasure but then tormented by what remains of its true nature, drives itself insane. “His very glance showed the madman.”

    To blood his young hounds, he kept them busy with crimes, including murder, preferring “to be vicious and cruel rather than to allow their hands and souls to grow weak with lack of practice.” This is the perversion of martial discipline, impossible without an ethos of military discipline to pervert. This is how the military republic can be re-founded as a tyranny. Catiline now needed only the opportunity, the circumstances in which he could make his move with a chance of success.

    He made that decision, however, not in liberty but out of necessity. Both he and the veterans of Sulla’s campaign he counted on for backing were deeply in debt, thanks to their extravagances. There being no foreign lands for them to conquer, they could only plunder Rome itself, becoming “eager for civil war.” The great general Pompey was in Syria and would not be able to return in time to counter the planned coup. Most of the senators suspected nothing, except those who were in on the plot. “All was tranquil and secure; this was a straightforward opportunity for Catiline.” One of the few great men of the time, Marcus Licinius Crassus, may have been in on it, too. Rival of Pompey, “he was willing to see anyone’s power grow in opposition to the power of his rival, fully believing meanwhile that if the conspiracy should be successful, he would easily be the principal man among them.” Catiline would then prove a useful tool, easily discarded if broken in the work.

    Catiline first attempted to murder his way to power. In 66 B.C., after having been charged with extortion and prevented from standing for the consulship because he hadn’t met the deadline for announcing his candidacy, he and his co-conspirator Publius Autronius met with “a reckless young noble,” Gnaeus Piso, who proposed that they arrange for the murder of the two newly elected consuls and several of the senators. Then Catiline and Autronius could seize the consulships, sending Piso to grab two Spanish provinces ruled by Rome. “Had Catiline not been over-hasty in giving the signal to his accomplices in front of the senate-house, on that day the most dreadful crime since the founding of the city of Rome would have been perpetrated.” But thanks to one of his own vices, impatience, Catiline ruined the scheme by calling for action before a sufficient number of conspirators had assembled to carry it out effectively. Curiously, Piso’s ‘punishment’ consisted of being sent off to Spain with military powers; the senators wanted to get him away from them and to use him as a counterbalance to Pompey, now in Spain and himself feared by the senators. Piso was murdered there, perhaps by “the barbarians” there or by some “old and devoted retainers of Pompey.” Thus ended the first Catiline conspiracy.

    As yet uncharged with any crime against the government—evidently, he had covered his tracks—Catiline addressed his co-conspirators, whom he lauds as “brave and faithful to me.” He tells them that his soul therefore “has had the courage to set on foot a mighty and glorious enterprise.” This recalls Sallust’s teaching, that the soul should rule the body for the sake of honor. Catiline, too, understands this, in his own perverse way. Indeed, “I perceive that you and I hold the same view of what is good and bad; for agreement in likes and dislikes—this, and this only us what constitutes firm friendship.” Just so, but one must consider the like-mindedness he invokes. It consists of fear (consider “under what conditions we shall live if we do not take steps to emancipate ourselves”); a desire for liberty that is really license (emancipation from debts brought on by their own extravagance); resentment (we, the “energetic, [the] able” have been reduced to the status of “the common herd,” ruled “a few powerful men” who control a vast empire); libido dominandi (we are the ones who would be “the objects of fear” for our current rulers, were they subservient to us); impatience (“How long will you endure this, O bravest of men?”); hope (“victory is within our grasp”); contempt (“we are in the prime of life,” but they are in a condition of “utter dotage”); spiritedness in the cause of justice defined in terms of envy (“what mortal with the spirit of a man can endure that our tyrants should abound in riches?”); desperation (we have nothing to lose); ‘wokeness’ (“Awake then!”); pride (“use me as your leader or as a soldier in the ranks,” as “my soul and my body shall be at your service”); and shame (surely, I do not “delude myself and you are content to be slaves rather than to rule”). He takes the vices of his like-minded, like-impassioned followers and ascribes them to their enemies, right down to the claim that the ‘exploitive’ few who rule Rome cannot even rule the riches they have amassed—exactly the fault of Sulla’s ‘Asianized’ soldiers.

    Catilinean like-mindedness lacks mindfulness, except insofar that it ‘awakens’ or brings to consciousness a perfect storm of passions, supposedly in service of his confederates but designed to render them subservient to himself. A tyrant would rule for himself, but he cannot rule by himself. He needs allies, the more impassioned the better. Stooping to conquer their minds, he perorates, “Use me either as your leader or as a soldier in the ranks”—small chance of that—either way, “my soul and my body shall be at your service.” Sallust has presented exactly the kind of speech an aspiring tyrant would make. If you hear a man speak like this, he tells his fellow Romans, understand his real nature and his means of persuasion. He hasn’t yet the power to enforce; he must begin with persuasion. He uses his own mind to reinforce the passions of his followers, attaching them to himself even as the Roman generals had already begun to attach their soldiers to themselves, not to Rome. A military republic cannot easily or quickly be redirected into commercial republicanism, but its military republican virtues he had described at the beginning of his book can be perverted toward license and tyranny, redefining liberty as the fulfillment of libido dominandi, introducing the harshest spirit of imperialism inflicted on followers into Roman politics itself.

    The men wanted to know how all of this could be done. Catiline answered by telling them what they need to do to achieve “the prizes of victory.” These included (he assured them) the abolition of debts, the proscription of the current authorities, secular and religious, and “plunder.” After “heaping maledictions upon all good citizens,” he demonstrated his intimate knowledge of each man, praising them by name and reminding each of his particular interest in the enterprise, whether it was escape from poverty or prosecution, or the fulfillment of hitherto thwarted ambition. “When he saw that the souls of all were aroused, he dismissed the meeting.” He may or may not have sealed their allegiance by having them drink a concoction compounded of human blood and wine—themselves agents of heatedness— although Sallust admits he has “too little” evidence to confirm that this actually happened. Whether factual or not, the story makes sense in that it bespeaks a new, decidedly uncivil religion in Rome, replacing the old religion of Jupiter and Juno, Mars and Venus. The purpose of these “solemn rites” was to render each conspirator “more faithful” to the others, sharing “the guilty knowledge”—the content of minds—of “so dreadful a deed.” By refusing to insist on the truth of this detail, Sallust himself exemplifies the way a true, rational mind thinks, inviting a sober form of faith in his readers, trust in his own reliability as a historian.

    The problem with conspiring with evil men is that one or more of them may lack even the modest degree of virtue required to keep his mouth shut. Quintus Curius, “a man of no mean birth but guilty of many shameful crimes” and expelled from the Senate for them, preened himself in the presence of his mistress, Fulvia, who retained some traces of the old Roman patriotism. Having “had no thought of concealing such a peril to her country,” she gossiped about the conspiracy to “a number of people,” while concealing the name of her lover. The senators became sufficiently alarmed to bestow the consulate upon Marcus Tullius Cicero, whose ancestors had achieved no office distinguished enough to cause him to merit such an honor under ordinary circumstances. “But when danger came, jealousy and pride fell into the background.”

    Despite Cicero’s election, “Catiline’s frenzy did not abate.” He stashed arms “at strategic points throughout Italy”; borrowed still more money and sent it to one of his allies, Manlius, who would command troops in the planned civil war. He appealed to slaves in Rome, avid for emancipation, to prepare to set fires in Rome—the imagery of fire, again—at the appointed moment. He enlisted the assistance of Sempronia, a woman “who had often committed many crimes of masculine daring”—but nonetheless refined, “able to play the lyre and dance more skillfully than a virtuous woman need do.” “There was nothing which she held so cheap as modesty and chastity,” “her lust [being] so ardent that she pursued men more often than she was pursued by them,” but she “could write verses, raise a laugh, and use language which was modest, or tender, or wanton,” being possessed of “a high degree of wit and charm.” She, too, enjoyed a sort of life of the mind.

    With such friends in his train, Catiline spent the year scheming against Cicero, “who, however, did not lack the craft and address to escape” the traps set for him. Indeed, Cicero induced blabbermouth Curius to reveal Catiline’s plot. He also took the precaution of agreeing to offer his consular colleague, Antonius, a richer province than the one he had received as a reward for winning high office. Cicero also prudently “provided himself with a bodyguard of friends and dependents.” Sallust’s Cicero understands politics, ‘low’ as well as ‘high’; he isn’t Shakespeare’s windbag. When Catiline attempted to gain election to the consulship the following year, he lost.

    Having failed in Roman politics, politics in the capital city, Catiline moved to activate his military strategy with the provinces. He sent Gaius Manlius, Septimus of Camerinum, and Gaius Julius, among others, to various parts of the empire to prepare for civil war. He would soon turn to them because a plot to murder Cicero failed, thanks again to Curius’ timely warning. [1] Gaius Manlius was particularly successful in gathering support for rebellion because the Etrurians he rallied had been abused by Sulla during his governorship of the colony. In this case, the many had just complaints. (Not to be uncatholic in his recruitment, he also enlisted local “brigands” in the cause.) When Cicero reported these stirrings to the senators, they voted him emergency powers as dictator. 

    The thirty-first, central section of The War with Catiline recounts the reaction of the now-corrupt Romans to their peril. In the earlier centuries of the republic, shared danger had reinforced self-discipline and noble rivalry in service of fame and the public good. Now, “in place of extreme gaiety and frivolity, the fruit of long-continued peace, there was sudden and general gloom.” “The women, too, whom the greatness of our country had hitherto shielded from the terrors of war, were in a pitiful state of anxiety, raised suppliant hands to heaven”—suddenly remembering Roman pietas —bewailed “the fate of their little children, asked continual questions, trembled at everything, and throwing aside haughtiness and self-indulgence, despaired of themselves and their country.” 

    In response to Cicero’s condemnation of him in the Senate [2], Catiline denied everything, asserting that he ought to be believed because he, a man of high birth, could not possibly benefit from revolution in Rome, whereas Cicero, whom he lyingly described as a resident alien, was suspect. The senators were hearing none of that and shouted him down. Invoking the imagery of fire Sallust has attributed to Catiline throughout, the accused man, “in a transport of fury,” screamed “Since I am cornered by my enemies and driven to desperation, I will put out the fire which consumes me by general devastation.” His hope of fighting passion-fire quite literally with fire in the streets were frustrated when the slaves he had engaged to set fires throughout the city were prevented from doing so by watchmen deployed by Cicero, who knew about this tactic from his interviews with Curius. 

    Catiline fled Rome, instructing those followers remaining in the city “to make ready murder, arson, and other deeds of war” within the city, preparatory for his own return at the head of a rebel army. His ally, Manlius, wrote to a loyal Roman general, who had been sent into the provinces to quell the rebellious forces, invoking the gods and men alike as witnesses to their grievances. We are crushed by debts imposed “by the violence and cruelty of the moneylenders”; there is precedence for the forgiveness of debts by senatorial decree. “We ask neither for power nor for riches, the usual causes of wars and strife among mortals, but only for liberty, which no true man gives up except with his life.” With no little effrontery, he concluded with a plea to the general “to restore the protection of the law.” For his part, the general could only reply that if the rebels had any request to make of the Senate, they must disarm themselves “and set out for Rome as suppliants.”

    Catiline deployed the same rhetorical appeal on behalf of the many in a letter to the Senator Quintus Catulus. No longer denying that he had rebelled, he instead argued for the “justice” of his rebellion. “Provoked by wrongs and slights, since I had been robbed of the fruits of my industrious labor”—true enough, as his criminal plots had come to ruin—I “followed my usual custom and took up the general cause of the unfortunate.” A true social justice warrior, he has “adopted measures which are honorable enough considering my situation.”

    These measures, Sallust informs us, included arming the provincial populace Manlius had roused to revolt, joining Manlius in his camp, taking care to bring with him “the fasces and other emblems of authority”—actions that earned him and his chief accomplice designation as “enemies of the state” by the Senate, which decreed that the consul Antonius bring an army against him while Cicero remained to keep watch over Rome itself. “At that time,” Sallust remarks, “the rule of the Roman people, it seems to me, was by far the most pitiable. Although the whole world, the rising to the setting of the sun, had been subdued by arms and was obedient to Rome, although at home there was peace and wealth, which mortals deem the foremost blessings, nevertheless, there were citizens who from sheer perversity set out to destroy themselves and the state.” Lamentably, no one stepped forward to desert Catiline’s conspiracy, symptomatic of “a disease of such intensity as the plague which had infected the souls of many of our citizens.” “Eagerness for change,” animated by envy of wealthy men, hatred of everything old and of “their own lot” as spendthrift debtors who had “squandered their patrimony in disgraceful living,” animated the souls of men with as little respect for the republic” as “they had for themselves.”

    Worse, the disease infected even hitherto respectable citizens. Previously, during the consulship of Pompey and Crassus, “the greater part of the nobles strove with all their might, ostensibly on behalf of the senate but really for their own aggrandizement. For, to tell the truth in a few words, after that time, whoever disturbed the state under the guise of honorable slogans—some as though defending the rights of the people, others so that the senate’s influence might be dominant—under pretense of the public good, each in reality strove for his own power.” Neither the party of the few nor the party of the many “showed moderation in their strife; both parties used victory ruthlessly.” When the pretended populist, Gnaeus Pompey, was sent to wage war overseas, “the strength of the plebians lessened” for a time, but once this new prospect of revolution came to view, “the old contest aroused their passions once again.” Sallust’s remark about the self-interest of both the few and the many should be kept in mind as he proceeds to recount the actions and words of the Romans.

    Catiline’s ally, Lentulus, continued his recruitment of “anyone he thought ripe for revolution by disposition or fortune.” Among these he counted the Allobroges, a Gallic people, debt-burdened and, being Gallic, “by nature prone to war.” He detailed a man named Publius Umbrenus to approach their envoys in Rome. The envoys were receptive but cautious. They engaged in what our contemporaries would call a process of rational choice utility maximization: recognizing the superior power of the Republic, they saw a chance to gain rewards from Rome “in place of [the] unsure hope” of success with the conspirators. Through the Roman noble who served as their patron in the city, they informed Cicero of the plot.

    Cicero then conspired against the conspirators. Pretend to join them, he advised; that way, their guilt will be brought “out into the open” and there will be evidence sufficient to convict them in the eyes of the senators. This they did, and the plotters moved their plans ahead. Once Catiline arrived near Rome with his army of provincials, they would publicly charge Cicero with fomenting civil war. Their people in Rome would then set fire to “twelve strategic points in the city” in the hope that the “ensuing confusion” make it easier to attack Cicero and other key senators. Additionally, the restive sons of aristocratic families “were to kill their fathers.” All of this would make Rome vulnerable to attack by Catiline’s waiting forces.

    Duped by Cicero’s counterplot, the conspirators were arraigned before the Senate. Cicero was ambivalent about the matter, “rejoic[ing] in the knowledge that the disclosure of the plot had snatched the republic from peril” but worried because main conspirators were “citizens of such high standing.” “He believed that their punishment would produce trouble for him personally, that failure to punish them would be ruinous to the republic.” He chose the patriotic course and the in the event, the senators judged them guilty. As for the plebeians, they proved fickle, changing from their “desire for revolution” to denouncing Catiline and praising Cicero. Sallust takes the disclosure of the plan for arson as decisive to them, since fires would burn their own property.

    Part of Cicero’s apprehension proved valid. A witness came forward, claiming that the exceptionally wealthy and powerful Crassus was part of the conspiracy. This was too much for some of the senators to believe, and the ones who did believe the man kept silent because they were in debt to Crassus. As for Crassus himself, he blamed Cicero, claiming that he had induced the witness to perjure himself. The enmity of Crassus would indeed produce trouble for Cicero, later on.  

    Subordinates of the convicted conspirator Lentulus attempted to “rouse workmen and slaves in the neighborhoods of Rome to rescue him from custody, while others sought out leaders of mobs who had made it a practice to cause public disturbances for a price.” When Cicero learned of this, he convened the Senate in order to hasten the determination of the punishment of all the main conspirators. Consul-elect Decimus Junius Silanus arose to argue for a harsh punishment. Caesar opposed this, delivering a carefully worded speech, reasonable on its face if perhaps self-serving under the surface. 

    He began with an appeal to the rule of the rational part of the soul over the passions. “All men who deliberate upon difficult questions,” he told his colleagues (in what then was the world’s greatest deliberative body) “had best be devoid of hatred, friendship, anger, and pity,” since affects hamper the soul’s attempt to “discern the truth.” What kind of reasoning, then? “No one has ever served at the same time his passions and his best interests.” Sallust has already told his readers that Romans by that time inclined toward conceiving of their best interests as their self-interest. Caesar gives two examples of such “bad decisions [made] under the influence of wrath or pity”: in the Macedonian war, Rome was deserted by the Rhodians, its putative allies, yet “our ancestors let them go unpunished so that no one might say that war had been undertaken more because of the wealth of the Rhodians than their misconduct”; in the Punic wars, despite “many abominable deeds” done to Romans by the Carthaginians “never did likewise when they had the opportunity,” but maintained their “dignity” against strict justice. Both of these claims undergird an appeal to the Romans’ honor, their reputation, not their virtue. Further, Caesar overlooks the punishment that was imposed upon the Rhodians, who were deprived of their territories on a strategic mercantile territory in Asia Minor. The “best interests” of Rome, then, evidently require ranking dignity over the virtues.

    In this case, Caesar continued, we should again prefer our “good name” to righteous indignation. “What is the aim of that eloquence” which denounces the conspirators by invoking “the horrors of war”? We senators hold “great power” (magno imperio); men such as us hold a “lofty station” visible to “all mortals,” unlike the many. With the eyes of all upon us, we enjoy “the least freedom of action” of any class of men because we are judged more harshly. “That which is called wrath” among ordinary men is termed haughtiness and cruelty in persons having power.” While admitting that rage at the Catiline treason is just, inflicting a just punishment will provoke just such a claim; people will remember the punishment more vividly than they remember the crime because “most mortals remember the recent past.” Therefore, just punishment of the conspirators is “contrary to the best interests of our republic,” which (Caesar seemed to know) the senators incline to mingle with their own “best interests.” And it is not even just, as death will relieve the malefactors of the “grief and wretchedness” of life in confinement.

    Not one for oversubtlety, Caesar invoked “the immortal gods” in opposing Silanus’ proposal. Setting the “bad precedent” of capital punishment for treason will invite our successors to turn the tables on us. Covetous men will accuse and convict innocents because they want to acquire their houses. To be sure, “I fear nothing of this kind in Marcus Tullius or in these circumstances, but in a great polity there are many and various geniuses”; some consul in the future, given the near-dictatorial power Cicero wields, may have “no limit” to his actions and no one to “restrain him.” He concluded his speech by proposing the exile of the conspirators from the city, the confiscation of their assets, and their imprisonment in several towns throughout Italy. 

    This speech persuaded the senators, until Marcus Porcius Cato (‘Cato the Younger’) spoke. “My judgment is very different,” he began, bluntly. Our first concern should be to guard the city against the remaining conspirators, not to consult with one another regarding the punishments appropriate for those we now have in custody. Without the city, which remains in danger, there will be no capacity to judge or to punish. With sharp irony, he “call[ed] upon you, who have always valued your houses, villas, statues, and painting more highly than the nation”: If you want to remain free “from disturbance for indulging your pleasures, wake up at last, and lay hold of “the reins of government.” Caesar’s invocations of the wrongs of Rome’s allies or are wealth” stray from the point, which is, “our liberty and our lives are in doubt.” I, Cato, “have often deplored the luxury and avarice of our citizens,” thereby making enemies. But that was when we were prosperous and could afford such complacency. “Now, however, at issue is not the question whether our ethics are good or bad, nor how great or magnificent the empire of the Roman people is, but whether all this, of whatever sort it appears to be, is going to be ours or belong to the enemy along with rule over our very lives.” Knowing the less than noble character of the patricians of his time, Cato concentrated their minds on the low but solid ground of survival, while at the same time shaming them in their decadence.

    He then made a critical point about language. “In these circumstances, does someone mention to me clemency and compassion? To be sure, we have long since lost the true names for things.” The right use of words requires moral as well as intellectual rigor. “It is precisely because squandering the goods of others is called generosity, and recklessness in wrongdoing is called courage, that the republic has been placed in a crisis.” If it is “the fashion of the time” to be “liberal at the expense of our allies” and “merciful to robbers of the treasury,” at least do not be “prodigal of our blood, and in sparing a few scoundrels bring ruin upon all good men.”

    In Caesar’s appeal to self-interest in the guise of prudence, Cato recognized an unstated atheism. When Caesar said that a life in prison is worse than death, he tacitly denied “the tales which are told concerning the inhabitants of Underworld.” As for his proposal to disperse the prisoners to prisons throughout Italy, this would only risk their rescue by their fellow plotters or by hired mobs; indeed, such audacity has “greater strength where the resources to resist it are weaker.” Caesar’s advice is therefore “utterly worthless, if Caesar fears danger from the conspirators”; moreover, “if amid such universal dread he alone is not afraid, there is all the more reason for me to fear for your sake and my own,” implying that the alternative to Caesar’s overconfidence is a secret alliance with the conspirators. Not only Caesar’s atheism but the scope of his ambition may lurk beneath the surface of his rhetoric. Better to deter the conspirators who remain at large by vigorous action, for “if they detect even a little weakness on your part, they will all fiercely make their presence immediately felt.” The real source of our ancestors’ greatness was not in arms or even their dignity but in their nobility, seen in their industriousness at home, their just rule abroad, and “in counsel a soul liberated from the enslavement of misdeed and of passion.” With us, including Caesar, our intellects and our language fail us because our character has failed, as we live in “extravagance and greed, public poverty and private opulence, lauding wealth and pursuing idleness,” and for that reason making no distinction “between good men and bad,” a moral relativism that frees “ambition [to] appropriate all the prizes of merit.” No philosophy is needed to understand this, and so Cato exclaims “No wonder!” No need for Socratic dialectic, here. “Each of you takes counsel separately for his own personal interests”—instead of truly deliberating in common for the public good—and “when you are slaves to pleasure in your homes and to money or influence here, this gives impetus to an attack upon the defenseless republic.” Hypocrisy of words, words bent away from the shape of truth, results from hypocrisy of character.

    Nor will piety do, if misunderstood. True, “the immortal gods,” invoked by Caesar, “have often saved this republic in moments of extreme danger.” But the gods don’t respond to “vows” or to “womanish entreaties.” The gods help those who help themselves “by means of watchfulness, vigorous action, and good counsel.” But “when you surrender yourself to sloth and cowardice, it is vain to call upon the gods; they are offended and hostile.” Thus “in the days of our forefathers” a general commanded that his son be executed after the young man, in a display of “immoderate valor,” “fought against the enemy contrary to orders.” In light of that, “do you hesitate what punishment to inflict upon the most ruthless traitors?” No: punish them “after the manner of our forefathers.” And so the senators did. 

    At this point Sallust intervenes to deliver judgments in his own voice. “Now, for my own part, while reading and hearing of the many illustrious deeds of the Roman people at home and in war, on land and sea, a desire happened to stir in me to give thought to what factor in particular had made possible such great exploits,” whereby “a handful of men had done battle with vast enemy legions,” waging war against “powerful kings” with “small resources,” enduring “the cruelty of Fortune.” The Greeks had been more eloquent; the Gauls had won more “martial glory.” What was it, then, that made Rome great? “It became clear to me after much deliberation that many things were in motion and that all had been accomplished by the distinguished courage of a few of the citizens, and that as a result of this, poverty had triumphed over riches, and small numbers over a multitude. But after the civitas was corrupted by luxury and sloth, the republic still sustained the vices of generals and magistrates by its very magnitude, and just as the vigor of parents is exhausted by childbearing, so many storms had exhausted Roman virtue, and there was no one great in virtue remaining in Rome.” 

    This defense of the virtue of the few, of aristocracy, inclines toward Cato’s side of the argument. However, Sallust immediately adds that “within my own memory there were two men of towering virtue, though of opposite character, Marcus Cato and Gaius Caesar.” They were “almost equal” in ancestry, age, and eloquence, equal in “greatness of soul and in renown,” but “each of a different sort. “Caesar was considered great because of his benefactions and lavish generosity, Cato for the uprightness of his life.” Consequently, liberal Caesar provided “refuge for the unfortunate,” severe Cato “destruction for the wicked.” In peace, Caesar worked hard, remained vigilant and often “devoted himself to the affairs of his friends at the neglect of his own,” but he really desired “a major command, an army, a new war in which his merit might be able to shine forth.” Cato instead “cultivated moderation, decorum, and above all sternness,” vying not “in riches with the rich, nor in factitiousness with the factious but with the strong in virtue, with the moderate in moderation, with the innocent in integrity. He preferred to be, rather merely to seem, virtuous,” and “hence the less he sought renown, the more it overtook him.” It is well known that in his youth Sallust allied himself with Caesar. Having retired from political life, he now offers the verdict of his mature judgment.

    Cicero ordered preparations for the execution of the conspirators. Lentulus thereby “found an end of his life befitting his character and his deeds,” as did the others. As for Catiline, still backed by his ally, Manlius, and two legions of poorly armed troops outside Rome, he first attempted to retreat over the mountains into Transalpine Gaul. The Romans cut off that route with three legions already on guard in the Picene district; meanwhile, troops under Antonius’ command pursued him from Rome. Trapped, with no choices but surrender or defiance, he chose defiance, exhorting his men in a speech blaming Lentulus’ failure to foment sufficient disorder in Rome for their plight and invoking their “brave and ready soul.” “We must hew a path with iron “to win “riches, honor, glory, and on top of that, liberty and your native land.” Our enemies only “fight on behalf of the power of a few men.” Coming as it does after Sallust’s praise of aristocratic virtue, this description of a ‘populist’ or ‘democratic’ argument shows that Sallust’s history takes up Aristotle’s theme of the claims to rule by the few and the many, in this case a ‘few’ that has largely declined from true aristocracy, the ‘rule of the best,’ to oligarchy, the rule of the merely rich. Catiline hopes that he can inspire the many to rise up to the virtues of the few who ruled Rome in generations past. So far, however, he has failed to triumph precisely because the many have declined in virtue as badly as the few. He would fortify their remaining aspirations to virtue and their desire for material and political goods with the claim of necessity: “In battle the greatest danger always threatens those who show the greatest fear; boldness serves as a rampart.” And so, “your soul, youth, and valor encourage me, not to mention necessity, which makes even the timid brave.” 

    In the battle, Catiline’s men faced off against the seasoned professional troops led by Marcus Petreius, Antonius’ deputy commander who was pressed into battlefield leadership by his boss, who was suffering gout. Both sides fought courageously. “When Catiline saw that his troops had been routed and that he had been left with a few comrades, mindful of his birth and his former standing, he plunged into the thickest of the enemy and while fighting there was run through.” None of his men had retreated, as “all had fallen with wounds in front.” No freeborn citizen was taken prisoner. The Roman army “had gained no joyful or bloodless victory,” as “all the most resolute had either fallen in the battle or come away with severe wounds.” Therefore, the surviving victors were “affected with exaltation and mourning, lamentation and gladness.”

    The regime of the few rich thus preserved itself, not because its troops were any more courageous than the regime’s enemies but because they were better armed and more experienced in battle. A commander with better resources, appealing to the many, might have prevailed. Eventually, Caesar did. Cato won the debate, Caesar the empire.

     

    Note

    1. Not that Cataline gave up his hopes of murdering Cicero, the one man in Rome who as “a serious obstacle to his plans,” as a man of genuine virtue.
    2. Cicero: “First Oration against Catiline.” In this brilliant speech, Cicero not only presents the evidence against Catiline and his confederates but recommends a course of action superior to the ones proposed by Caesar, some years later. Cicero urges the Senate not to jail the conspirators, as Caesar would advocate, but to expel Catiline from Rome, along with the other conspirators, let them concentrate their forces outside the city, then deploy the superior Roman legions to crush them.

    Filed Under: Nations

    Bonaventure on the Distinction between “Conscience” and “Synderesis”

    January 26, 2022 by Will Morrisey

    Bonaventure: Conscience and Synderesis. Arthur Stephen McGrade, John Kilcullen, and Matthew Kempshaw translation. In McGrade, Kilcullen, and Kempshaw, eds.: The Cambridge Translations of Medieval Philosophical Texts.  Volume II: Ethics and Political Philosophy. Cambridge: Cambridge University Press, 2001.

     

    The Franciscan theologian Bonaventure flourished in the middle of the thirteenth century, eventually serving as Minister General of the Franciscan order and Cardinal of Albano, having first come to prominence in Paris as a lecturer on Peter Lombard’s Sentences. Conscience and Synderesis is a commentary on Lombard’s book.

    Following the structure of that book, Bonaventure divides his commentary into two articles, the first on conscience and the second on synderesis. He calls conscience “a certain directive rule of the will,” whereas synderesis “is called the spark of conscience.” Synderesis thus seems to be something like what Aristotle calls the “efficient” or originative cause of conscience, its archē. 

    He intends to answer three questions about conscience: Is it in the cognitive part of the soul or the affective part? In its origin does it exist by nature or is it acquired? And in its effects “does every conscience obligate?” Or can one rightly refuse to obey it?

    There are five arguments for conscience as existing in the cognitive part of the soul. First, Ecclesiastes 7:22 describes conscience as something that knows; in that passage, the prophet observes that a wise man knows that even righteous men have sinned by cursing others. Second, Damascene calls conscience “the law of our understanding,” and Scripture “directly respects the understanding,” presumably in the sense that divine Revelation tells the truth to human souls. The third argument is etymological: the word for knowing, scientia, is built into conscientia. Conscius means awareness of something in a sciens or knower, a person who has experienced a cognition. Fourth, conscience could be right or wrong. Since making a mistake “relates to a habit or act of understanding”—a passion in itself cannot make a mistake, although of course it can be misdirected by a part of the soul that is mistaken—it “seems that conscience resides in a cognitive power.” Finally, cognition acts in certain ways. It reads, judges, directs, witnesses, and argues. These are all rational acts, not (for example) sense perceptions or appetites. “But all these acts are attributed to conscience, for conscience is a book in which we read, conscience judges inwardly, conscience witnesses, conscience argues, and conscience rule and directs.”

    There are five arguments for conscience as existing in the affective part of the soul. A passion cognizes nothing; a habit is ingrained, unchanging once established, hence unlike knowledge, which changes readily and substantially. But if conscience is cognitive, and “the cognitive power is concerned with everything,” both action and contemplation, conscience would “extend not only to moral matters but also to things taught in the various disciplines, which is obviously false.” Second, understanding is to the true what affect is to the good. Conscience has to do with the good; it is a matter of agapic love, of caritas. Third, “the law of the flesh fights against the law of the mind”; both are “motive powers,” not cognitive. Conscience has to do with motive, with fighting the good fight, and hence ranges itself “on the side of the affective.” Fourth, conscience can cause remorse, “a certain grief and passion.” Finally, “the pleasant and the painful reside in an affective power; for example, “the damned will be in great pain from the gnawing worm of conscience.” 

    Bonaventure resolves the question by classifying conscience as a form of cognition, not as cognition simply, in the broadest sense. He begins by remarking that just as the term “understanding” can be understood in three ways—as the power to understand, as a habit, and as a principle that is understood—so “conscience” can be taken “as the thing of which one is aware” (“the law of our understanding,” as an earlier theologian put it), as a habit (“that by which we are aware”), and as “the power to be aware” (a “natural law written in our consciences”). Bonaventure chooses the definition of conscience as a habit, that by which we are aware; this is what the term is “more commonly taken” to mean. By this definition conscience must be “a habit of the cognitive power,” since awareness is a cognitive capacity, not an affect. [1]

    However, there are two ways of knowing. There is “speculative” or theoretical knowledge: knowledge of natural laws, for example. And there is practical knowledge, which aims at right action. Aristotle draws this distinction, saying that theoretical and practical understanding are equally matters of cognition, but they have different aims. Theoretical knowledge is knowledge ‘for its own sake,’ aiming only at the satisfaction of the human desire to know. Practical knowledge is knowledge of ‘what to do’; it “dictates and inclines to movement.” An example of theoretical knowledge is ‘Every whole is greater than its part’; an example of practical knowledge is ‘God should be honored.’ The habit of knowledge simply is called scientia; the habit of practical knowledge is called conscientia. Conscience “does not perfect the speculative power in itself but as it is joined in a certain way to affection and activity.”

    Therefore, in reply to the five arguments claiming that conscience is not cognitive, Bonaventure says that insofar as conscience is a power it is a power “applied to knowing about conduct or morals.” As a habit, it can be either natural or acquired, and as such it can go right or wrong, either purifying or defiling the soul. Insofar as it is good it “dictates and inclines to good and draws back and flees from evil.” That doesn’t make it “affective,” only that “it has a certain concomitance with will and affection.” And while it is unquestionably true that the law of the flesh is opposed to the law of the mind, the law of the flesh “presupposes a disordered representation of carnal things in fantasy and cognition”; it has a cognitive element, albeit a mistaken one. The remorse we feel after violating conscientious knowledge is of course affective, but that feeling is not itself conscience. Similarly, the painful and pleasurable feelings we experience in response to our thoughts and actions may well be conscientious but are not conscience itself. The conscience testifies and judges, the feelings of remorse or rejoicing follow from those cognitive perceptions.

    It might be suggested that the question of conscience as Bonaventure addresses it points the way to a distinction between Christian Aristotelianism and classical philosophy generally. The classical philosophers understand the soul as a natural entity with a firmly established and well-articulated set of characteristics. In the relatively simple description offered by Socrates in Plato’s Republic, the soul has three parts: logos or reason, thumos or spiritedness, and the epithumia or appetites. In Christianity, the human soul proves more malleable. The first human being was made in the image of God, but the image has little of the Original’s firmness. Eve is readily beguiled by the Serpent; as far as the reader can tell, Adam simply goes along with her offer of the forbidden fruit of moral knowledge. Even the chosen nation, Israel, wavers repeatedly between obedience and disobedience to God’s commands. And in the New Testament, the soul appears as a battleground on which much more powerful forces, divine and demonic, struggle for rule. This may explain why in Christian thought, including that of Bonaventura, Socratic thumos is replaced by the will. Spiritedness has a firm object: it loves honor. (In Augustine, closer to Platonism than many Christians, this takes the evil forms of pride and love of domination.) In Christianity, however, the will tends to waver, even before its corruption in the Garden of Eden. Will is ‘free’; it can incline one way or another, depending upon which external spiritual forces seize control of it. Bonaventure’s treatment of conscience as a natural habit as it were borrows some of the solidity of Aristotelian ‘naturalism’ for Christian purposes.

    Bonaventure moves next to the question of whether conscience is an innate or an acquired habit. There are six arguments for its innateness. In Romans 2:14-15 the Apostle Paul remarks that gentiles without the divine law are nonetheless “a law unto themselves because they show that the work of the law is written in their hearts, their conscience bearing witness to them.” Scripture itself testifies that “conscience bespeaks a habit naturally inscribed in the human heart.” Augustine concurs; human beings have “a natural judicatory” within them, a standard of conduct. Another Father of the Church, Isidore, teaches that “natural right is that which nature has taught animals,” and if animals have so been taught, “much more has it taught human beings, who excel all animals.” Further, “the cognition of natural right is nothing other than conscience.” Moreover, “we have a natural instinct to seek blessedness and honor” from our parents; since we could not be this way “without some prior cognition,” and conscience is a kind of moral cognition, conscience must be innate. As a consequence of these first four arguments, Bonaventure remarks that since human beings cognize natural law, that cognition must occur “either by acquisition or by nature. If the former, it is similar to “the political virtues.” If by nature, “the cognition of natural law is nothing other than conscience. Finally, “natural right binds the will naturally.” But to be bounded, the will needs to know what it is that it is to do; “understanding precedes affect.” Conscience is the cognition of natural right or law.

    Against the claim that conscience is innate, opponents make six arguments of their own. In On the Soul, Aristotle compares “the soul at birth” to a blank tablet with nothing inscribed on it. (By this reading, Aristotle anticipates Locke.) If so, the soul can have “no innate cognition.” Augustine adds a Platonic argument: Yes, the soul has knowledge in it at birth but “burdened by the weight of the body, it forgets the things it used to know.” However, Augustine cites this argument in his Retractions. “He would not retract this unless he held it to be false,” and indeed Augustine did convert from Platonism to Christianity, necessitating exactly this kind of retraction. The opponents’ third argument is more elaborate. To know something complex, we first need to know the simple elements that compose it, the “incomplex.” For example, we can’t know a principle “unless we have cognition of its terms.” So far, this accords with Aristotle’s Posterior Analytics. But—and here again, the opponents come across as proto-Lockean—we know the “incomplexes” only through the senses; no one understands color without sight, and to lose a sense is “necessarily [to] lose knowledge.” Therefore, “all cognition of complexes” too “is necessarily acquired and taken from sense.” Conscience being “a cognition of a complex”—of what Locke calls a complex idea—namely, natural right—conscience must be an acquired habit, not an innate, natural one. Similarly, if conscience aims at practice, at conduct not theory, and “things pertaining to conduct are as difficult or more difficult to know than those pertaining to simple contemplation,” conscience must be an acquired habit, a thing gained from experience not simple sense perception. Sense perceptions, moreover, are infallibly correct, although we may misinterpret them. Since conscience can err, it must be an acquired not a natural habit. Finally, “natural habits are present in everyone and at all times, because those things are natural which are the same for all and which go with a nature inseparably. But consciences are not the same in all,” nor are they present in the same person at all times. The opponents give the example of a person entering a religious order who develops “a conscience that forbids acting against the counsels [of perfection], a conscience one did not have before.” Therefore, conscience is acquired, not natural.

    Dismissing the Platonic argument that both Augustine and Aristotle have refuted, Bonaventure isolates “three opinions among the learned about the origin of cognitive habits,” all of which hold that they are both natural and acquired. These opinions “differ, however, in assigning the ways in which these habits are innate and acquired.”

    The first formulation distinguishes the “active understanding” or “active intellect” from the “possible understanding” or “possible intellect.” It is the possible understanding that begins as a blank slate, then receives sense impressions, with no assistance from the active understanding. Bonaventure rejects this. If the active understanding has cognitive habits, why would it not “communicate them to the possible understanding without help from the senses”?

    The second formulation holds that cognitive habits are innate insofar as the mind perceives universals, acquired insofar as it perceives particulars. A variation of this formulation holds that cognitive habits are innate with regard to principles, “acquired with regard to cognition of conclusions.” This, however, also diverges from Aristotle and Augustine. They both deny the Platonic claim that the mind contains principles innately. On the contrary, “cognition of principles is acquired by way of sense, memory, and experience” (Aristotle) or by means of “a certain unique incorporeal light,” analogous to the way “the fleshly eye sees things in front of it in physical light” thanks to its natural power (Augustine). 

    Bonaventure endorses the third opinion. For cognition to occur, two things must happen: “the presence of something cognizable and a light by which we make judgement about it.” Thus cognitive habits are innate “by reason of an inwardly given light of the soul,” acquired because the thing cognized has a species or form to be perceived by that inner light. Bonaventure calls this natural light “a natural judicatory.” We “acquire” the external species by means of the senses: How else would I perceive the distinction between a whole and a part if I never saw or heard or tasted or touched a whole thing and one or more of its parts? “On the other hand, that light or natural judicatory directs the soul itself in making judgments both about things that can be cognized and things that can be done.”

    Bonaventure adds another distinction. Some cognizable things are “very clearly evident, such as axioms and first principles,” while others are not so clearly evident, such as the conclusion of a geometric proof based on the axioms. The same goes for cognition aimed at practice, for “things that can be done.” It is easy to perceive “Do not do to another what you do not want done to you,” but that cannot tell me what to do if I’m thinking of asking for elective surgery. The innate light of cognition is necessary but not sufficient to reach a scientific conclusion; the same goes for moral conclusions, things “which we are bound to do” that we know not by consulting moral principles but “only through additional instruction.” Hence conscience, which has to do with morality, with choices about actions, is “an innate habit” in one way, “an acquired habit” in another. The “natural light” of conscience “suffices for knowing that parents should be honored and neighbors should not be harmed,” but the species “parent” or “neighbor” doesn’t exist in me prior to sense impressions I acquire from the outside world. The innate, non-sensory cognitions (awareness of God) and the innate, non-sensory “affects” or feelings (love, fear) are what Bonaventure calls “essences.” The awareness of God and of self, love, and fear do not come to us from any acquired cognition through the “outer senses.” This is why Aristotle says that “nothing has been written in the soul”—as Locke claims—not “because there is now awareness in the soul, but because there is no picture or abstracted likeness in it.” Or, as Augustine argues, “God has implanted a natural judicatory in us,” the truth, which “is naturally impressed in the human heart.”

    The third question Bonaventure addresses with respect to conscience is “Must we do everything that conscience dictates as necessary for salvation?” Advocates quote Romans 14:23, “Whatever is not of faith is sin,” drawing the conclusion that since whatever is not of faith is against conscience, “we must do everything that comes from a dictate of conscience.” They also say that laws are obligatory, binding; since “conscience if the law of our understanding,” we must obey it. They also argue that “we must do what a judge commands”; “conscience is our judge”; ergo, we must obey it. Finally, that if I do something I believe to be a mortal sin it is indeed a mortal sin because I show “contempt for God” in so acting. “If we cannot not believe what conscience dictates,” we “sin mortally if we act against it.”

    Those who deny that we must do everything conscience dictates to receive salvation contend that “conscience sometimes dictates doing something that is against God.” It must then be that our conscience is mistaken, not God, and we should disobey our conscience. Further, “conscience cannot obligate to anything to which God cannot obligate, since conscience is below God.” Acting against God’s law is the true sin, not acting against conscience; “conscience does no in virtue of itself bind anything.” Nor can conscience absolve us from any obligation impressed upon us by God or indeed by any other superior authority.

    Bonaventure thinks that some distinctions are in order. 

    1. To what does conscience bind?
    2. Does it bind to everything it dictates?
    3. Is a human being “caught in perplexity when conscience dictates one thing and divine law dictates the contrary”?
    4. To which we owe our obligation, when conscience and “the command of a superior” conflict with one another?

    It depends. Sometimes conscience dictates “what is according to God’s law, sometimes what is aside from God’s law, sometimes what is against God’s law.” This doesn’t apply to counsels or persuasions, only commands—laws being one form of command. Conscience of course does bind when we act according to divine law. If conscience tells us to do something that has no relevance to God’s law, we may do it so long as conscience tells us to do it; Bonaventure gives the example of a conscientious urge to pick up a straw. If conscience tells us to act in violation of God’s law, however, conscience is wrong and God is right. In such instances, conscience actually “puts a human being outside the state of salvation” so long as the urge lasts. If we don’t “set conscience aside” we “sin mortally.” The dilemma is that in acting against conscience we involve ourselves in showing contempt for God, “as long as we believe, with conscience so dictating to us, that what we are doing is displeasing to God, although it may be pleasing to God” in fact. This is the point Paul the Apostle makes in Romans 14 in saying that whatever does not proceed from faith is sin. 

    Why? Because “God attends not only to what we do but to the spirit in which we do it.” If we act against the divine law while our conscience mistakenly tells us we are acting in obedience to it, we act “not in a good but in a bad spirit and because of this” we sin mortally. We should therefore obey the commands of our superiors, as Paul himself tells us to do, respecting the commands of emperors, not only in fear of punishment but in fear of sinning. Conscience “truly is a law but not the supreme law.” At the same time, “whenever we believe we are sinning mortally, we are sinning mortally.” It is only when we knowingly sin against divine law, including the divine law that commands us to obey human superiors, that we sin mortally. “Conscience is like a herald or messenger of God, and it does not command what it says from itself, but it commands, as it were, from God, like a herald proclaiming the edict of a king”; conscience “binds in things that can—in some way—be done well.” In those circumstances in which we “do not know how to judge maters, in that we do not know God’s law, we ought to consult those who are wiser, or, if human counsel is lacking, turn to God in prayer.”

    Bonaventure next turns to synderesis, “the spark of conscience.” Should it be classified as cognitive or affective? Can it be extinguished by sin? Can it become depraved through sin?

    Four arguments support the claim that synderesis should be classified as affective—a feeling, not a form of knowledge. The Church’s Gloss on Ezekiel 1:10 calls synderesis “the spirit that intercedes for us with sighs too deep for words”—as a profound feeling, not as logos. For his part, Ambrose describes men and women as beings who “naturally will the good” even as they are “subject to sin.” Will is affective, not cognitive; it motivates but it does not know. Since conscience aims at knowing, the spark of conscience, the thing that impels it to action, must be synderesis, not conscience itself. Human sinfulness or corruption stems from sensory motives—finding the apple pleasing to the eye and apparently tasty. This “rational motive part,” the thing that inspires conscience, can be “nothing except synderesis.” Finally, “just as understanding needs light for judging, so affect needs a certain heat and spiritual weight for loving rightly,” a “natural judicatory in the cognitive part of the soul.” This is conscience. In the same way, there needs “a weight in the affective part of the soul directing and inclining good.” That is synderesis.

    Four arguments contradict the claim that synderesis should be classified as affective. Jerome maintains that the prophet Malachi’s adjuration to “guard your spirit” and remain faithful to your wife cannot arise from “the animal part” of the soul, which might advise one rather differently, but from the rational part, which Jerome calls synderesis. The Gloss on Luke 10:30 holds that a man’s “sense of reason” cannot be stripped from him even if he is inflicted with a severe beating; since “the sense of reason resides in reason,” and the sense of reason is synderesis, synderesis must be rational. Indeed, if synderesis is the spark of conscience, and conscience is cognitive, why would synderesis not belong to cognition instead of the affective? Finally, synderesis must be a habit by process of elimination. If it were affective, a thing “on the motive side” of the soul, it would be “either a power or a passion or a habit.” It isn’t a passion, since it is not sinful. It isn’t a habit, because a good habit is a virtue, a bad habit a vice, and synderesis is neither a virtue nor a vice. Nor is it a power, because “the power of will is related equally to any object of appetite whatever, including such objects as food and drink. Synderesis is the spark of conscience, not of hunger or thirst. What else can it be, then, but an element of cognition?

    More generally, Bonaventure asks, what exactly is synderesis? How is it related to natural law and conscience? How is it related to the three “powers of the soul” identified by Plato’s Socrates: the rational, the “irascible” or thumotic, and the “concupiscible” or appetitive? Is synderesis a fourth part of the soul, “outside and over” these three powers, an eagle soaring above them all? Or is synderesis a part of one of the three powers or ‘parts’ of the soul already identified by the philosopher?

    One plausible but inadequate account holds that synderesis is part of the rational part of the soul, the “higher portion,” which turns the soul toward God and is therefore always right, in contrast with the lower portion of the rational part, which turns the soul toward earthly things, toward practice, and is called conscience. Synderesis directs us to the divine law, conscience to the natural law. The problem is that, as already established, reason may err, even to the point of committing a mortal sin. Further, as Jesus commands, we must love not only God but our neighbor, who resides in this world and not yet in Heaven. 

    According to “another way of speaking, we should understand motivation insofar as guided by reason to consist of two aspects, the way of nature and the way of deliberation—speculation or theory and practice; similarly, “just as free judgment consists of reason and will as they move deliberatively, conscience and synderesis relate to reason and will insofar as they move naturally. Synderesis, conscience and the natural law “always incline to good, “but free judgment “sometimes inclines to good, sometimes to evil. Synderesis is the power; conscience is the habit; natural law inheres in objects. Since conscience is cognitive, either there must be something that directs us to action other than conscience or synderesis, or that synderesis is that thing which so directs us. 

    Which is it? “There is a third way of speaking”: the understanding “has a light which is a natural judicatory for it, directing the understanding in what is to be known”; affect also has “a certain natural weight directing it in what is to be sought.” The things to be sought are either morally honorable or advantageous. Similarly, cognizable things may be objects of contemplation or those relating to morals. Conscience is the name for the judicatory power that has such a habit, such a way; synderesis is the name for a power “susceptible to habituation rather than a habit.” “Power as thus habituated” urges us toward the morally good, and therefore belongs to the affective side of the soul. When we appeal to God with sighs too deep for words,” we exercise just this affective habit toward the good. Synderesis is the spark of conscience in the sense that “conscience alone,” being cognitive, “can neither move nor sting nor urge except by means of synderesis, which, as it were, urges and ignites.” “Just as reason cannot move except by means of will, so neither can conscience move except by means of synderesis.” Synderesis isn’t “a power of will in general but only will insofar as it moves naturally.”

    What, then, is the relation of synderesis to natural law, as distinguished from deliberation, the realm of virtues and vices? Natural law relates to both synderesis and conscience. “We are instructed by natural law and are rightly ordered by it”—that is, the three parts of the soul attain their right order by conforming to nature, to what a human being really is. Natural law is a habit or way including both understanding and affect, conscience and synderesis. “In another sense natural law is called a collection of the precepts of natural right, and in this sense it names the object of synderesis and conscience,” with conscience dictating and synderesis inclining us either to seeking or to refusing. This latter sense Bonaventure considers the more proper meaning of natural law. Synderesis is then “an affective power insofar as it is by nature easily turned to good and tends to good,” whereas conscience is “a habit of practical understanding.” “Natural law, finally, is the object of both.” Synderesis is the word for “the affective power as its motion is natural and right,” indeed flying like an eagle “over the others,” the other parts or powers of the soul, “not mingling with them when they err but correcting them.”

    But can synderesis be extinguished by sin? The Gloss on Psalm 14:1 states that some men are “devoid of every rational power.” And if you argue, as Bonaventure does, that synderesis isn’t a rational power, there is the Gloss on Psalm 56:2-3, saying that “foolish arrogance is like a numbness, when someone trusting himself neither fears nor is cautious”—a symptom of “spiritual sickness” occurring when synderesis has been extinguished. Too, “heretics endure death for the sake of their errors without any remorse of conscience,” another sign that synderesis “seems to be entirely extinct in them.” Finally, since sin can be “totally extinguished, as is clear with regard to the Blessed Virgin,” so too “synderesis can be extinguished by a multitude of sins.”

    The contrary view hold that the spark of conscience wasn’t extinguished even in Cain, “a great sinner.” Augustine also testifies that there is no shamefulness “so vicious that it makes one lose all sense of what is morally honorable.” Synderesis “is naturally inherent in us,” unalienable; vice “does not destroy the last vestiges of nature.” Finally, even the damned suffer “remorse of conscience,” which can only be ignited by synderesis; indeed, “this remorse is especially intense in them,” one of the worst torments they suffer.

    Bonaventure answers that synderesis can be impeded temporarily but not extinguished because “it is something natural” to us. The “vain and fictive joy” of heretics, who “believe that they are dying for the piety of faith when they are dying for the impiety of error; “the wantonness of pleasure” whereby “a human being is sometimes so absorbed by a carnal act that there is no place for remorse” or for reason, either; “the hardness of obstinacy,” seen in those “who are so far confirmed in evil that they can never be inclined to good”: all these conditions of the soul finally earn the rebuke of conscience, sparked by synderesis—a rebuke “especially vigorous in the damned,” for whom it comes too late. The damned retain their human nature, and with it synderesis, now acting in them “as punishment.” Although “synderesis can be impeded in its act yet never universally extinguished, permanently and with respect to every act.” Adam’s fall did not extinguish his humanity, or ours.

    But, if not extinguished, can synderesis become depraved through sin? Evidently so, some say, inasmuch as there are “shameless sinners” in whom synderesis has been “overthrown.” The Gloss on Jeremiah 2:16 explains, “A malignant spirit reaches all the way from the lower members to the top of the head when the sickness of defiance corrupts the mind’s chaste height,” which is “synderesis itself.” Since conscience can err, so synderesis must be deviant at such times. Sin can rule the soul at the same time as synderesis remains within it; therefore, synderesis can become depraved through sin.

    Those who deny that synderesis can become depraved through sin recall the Biblical comparison of synderesis to an eagle, which soars above the other three parts of the soul, correcting them when they err. Even when I do what I do not want to do (Romans 7:16), synderesis is what tells me I do wrong. “The act of synderesis always reacts against fault, even in the worst sinners,” and so cannot be said to have been depraved, though they are. And finally, we know that even the worst sinners sometimes repent. While there is life there is hope. “But the rightness that adheres most tightly is rightness by way of nature, and this is synderesis”; “therefore, it does not seem that it can become depraved through fault.”

    Bonaventure is especially concerned with answering the claim that sin corrupts the highest part of the human mind. The argument claims that “the higher portion of reason has two ways of moving: either as it is turned toward God and is ruled and directed by eternal laws, and, in this way, sin does not exist in it; or insofar as it is turned toward lower powers, and in this way it takes from them occasion for deviation and can become depraved by sin.” He replies that “synderesis of itself always urges to good and reacts against sin.” Sin is a deliberate act of the will, not an act of the will “as it exists by nature or moves naturally.” What happens when we sin is rather like what happens when a good ruler is overthrown by rebels. He is still good, but the rebels overpower him. “For a lord’s presiding depends on two things, namely, the rectitude of the one presiding and the submissiveness of the one serving.” Synderesis “of itself is always right, yet because reason and will frequently hinder it (reason through the blindness of error and will by the obstinacy of impiety) synderesis is said to be overthrown, in that its effect and its presiding over the other deliberative powers is repelled and broken through their resistance.” For its part, conscience “is always right when it stays on the level of the universal and moves in a single direction,” but when it “descends to particulars and makes comparisons it can become erroneous, because here it mingles with the acts of deliberative reason.” Bonaventure gives as his example the adherence of Jews to the laws commanding circumcision and the avoidance of certain foods. They are right in believing “that God should be obeyed,” a prompting of the “natural judicatory” of conscience. They are mistaken, he claims, in those particulars, which are particular applications of that prompting. In this as in all conscientious mistakes, “it is not synderesis” that is “turned aside, although conscience errs.” Another way of putting this is that synderesis is a natural power, naturally habituated. “Nature, taken by itself, always moves rightly.” But conscience is not only a natural but also an acquired habit, and acquired habits “can be either right or deviant in character,” right or erroneous. Free judgment is under synderesis, not the other way around. 

     

    Note

    1. In this, Bonaventure follows Aristotle, Nicomachean Ethics 1094a, where the philosopher writes that “awareness” of the highest good must “have great weight in one’s life,” that is, in our choices and practices.

    Filed Under: Bible Notes

    The Plains Sioux and the Empire of Liberty

    January 19, 2022 by Will Morrisey

    Jeffrey Ostler: The Plains Sioux and U.S. Colonialism from Lewis and Clark to Wounded Knee. Cambridge: Cambridge University Press, 2004.

     

    At the end of this history, Jeffrey Ostler lays his political cards on the table: “The beginning of the twenty-first [century] holds the possibility of an end to economic and political colonialism and the reemergence of fully sovereign Indian communities in Sioux country and throughout North America,” a possibility that will require “non-Indians to recognize the legitimacy of Native aspirations and to alter powerful structures that continue to constrain their realization.” Specifically, respecting the Lakota Sioux, this would mean return of the Black Hills territory in South Dakota. Although a 1980 Supreme Court decision offered monetary compensation for “the United States’ theft of the Black Hills,” the Sioux rejected this offer and demanded the land itself.

    This, then, is a political history not only in the ordinary sense—an account of struggles over who rules a land and a people—but a work of political advocacy. Should the Black Hills and other lands formerly ruled by American Indians be returned to their full control? Are such “Native aspirations” in fact legitimate? Ostler provides substantial information to his readers, enabling them to make their own independent judgments, irrespective of the rhetorical nudges he delivers along the way.

    He begins with the Louisiana Purchase, the centerpiece of President Jefferson’s policy of extending the “extended republic” of the United States. Jefferson called this an “empire of liberty,” meaning the self-government of American citizens in territories that would ascend to the status of states in the Union, not mere colonies subordinate to a metropole—as the British regime had regarded its American holdings. According to Ostler, this was scarcely an empire of liberty, at least not for all, inasmuch as it defined citizenship as white and male. He is mistaken. There was nothing in the United States Constitution that so defines American citizenship, and as Thomas G. West has shown, free blacks and some women were entitled to vote in some states. [1] According to Ostler, the “theorists of the American nation” thought “that the United States embodied principles that demanded universal adherence,” such as property rights held by individuals. This, too, isn’t exactly true. The Founders held it to be self-evident that the rights to life, liberty, and the pursuit of happiness, including the right to hold property, inhere in individuals by nature; their regime aimed at securing those rights. But they recognized that many peoples throughout the world faced serious impediments to doing so. Unlike the Americans, they had no experience in self-government at all; more profoundly, the truth of natural human equality of rights were not self-evident to them. On the contrary, persons living in many regimes had not conceived of the idea of ‘rights’ or even of ‘nature’ at all. Their ignorance of nature and of rights did not mean that nature and the rights endowed by its Creator did not exist; their ignorance did mean that they did not know that government should secure such rights or, in some cases, they did not know how to frame such governments. 

    Ostler claims that the Founders believed that “Indians had no right to continue wasteful and inefficient uses of land or to perpetuate barbaric social and religious practices once civilization made its demands.” This is a somewhat garbled statement of John Locke’s argument, with which the Founders did indeed concur. Locke contends that no people has the right to continue wasteful and inefficient uses of land; this contentious, it should be remarked, is shared by ‘environmentalists’ today, although they define waste and inefficiency rather differently than Locke does. To defend the Indians’ claims, Ostler eventually cites the predictions of contemporary Indians that modern attempt to conquer nature, initiated by Europeans, must fail, and that Indians’ ways of using the land, supporting small human populations, will soon be vindicated. The prediction, brandished by many ‘Whites’ today as well, remains to be realized. As for barbaric social and religious practices, the Founders would never say that they became morally wrong “once civilization made its demands”; they were always wrong, but for millennia human beings hadn’t known that. “Thus,” Ostler writes, “although U.S. policy recognized Indian tribes as nations with limited sovereignty and made treaties with them, American leaders envisioned nothing less than the eventual extinguishing of all tribal claims to land,” as distinguished from property rights, which can be individual, corporate, or political. That is, the Americans intended to extend a modern state in addition to a commercial republican regime.

    To do so, the Indians would need to be “assimilated.” As Ostler sees, “assimilation was antithetical to racial thinking, since it presumed that Native Americans possessed the same innate mental and moral capacities as Europeans.” Their “ways of life were inferior”—their regimes and their tribal organizations—but not their natural rights and abilities. Unfortunately, this judgment of political inferiority became “lined to increasingly systematized theories of racial classification and hierarchy.” Exactly so: the same abandonment of natural right theory for ‘race science’ or ‘race theory’ also bedeviled the cause of slave emancipation, which the Founders had championed. This may be seen in the writings of John C. Calhoun and the many other advocates of perpetuating the enslavement of African Americans. According to the new generation of “American elites,” Indians “were an inferior race that was inevitably destined to perish,” even as the European Americans were ‘manifestly destined’ to triumph. ‘Manifest Destiny,’ a historical claim, began to replace self-evident rights discovered in nature. But that is tantamount to saying that many among the second and third generations of Americans abandoned the philosophic, theological, and legal principles of the Founders.

    “Early American imperial thought, then, denied the necessity for colonialism in the sense of rule over others. Settlers would move west, but, in sharp contrast to the colonies under the British empire, they would enjoy the same freedoms as eastern citizens,” forming states legally equal to the original thirteen. “Nor, according to American theorists, would expansion require permanent rule over subjugated people.” Rather, Americans expected “to exercise very moderate forms of authority over temporarily enclaved Indian communities,” preparatory to “the larger process of dispossession and absorption.” Things didn’t work out that way in practice because United States citizens “consistently overstated their capacity to subdue armed resistance and severely underestimated the pervasiveness of non-violent Native resistance to dispossession and assimilation. Consequently, building an empire of liberty required the conquest of Indian people as well as the systematic and enduring exercise of power over subjected Indian communities.” Our own contemporaries will recognize this as the problem of regime change or revolution. The Founders solved it by making war against—killing or exiling—American colonists loyal to the British Empire and its regime. The United States Congress to an important degree failed to solve it when it attempted to ‘reconstruct’ or revolutionize the oligarchic regime of slaveholding plantation owners in the South. President Washington had met with some success in this strategy respecting the Five Civilized Tribes of Amerindians in the deep South, but the local populations, especially in Georgia, undermined his policy a generation later, leading to the infamous ‘Trail of Tears.’ It is noteworthy that the major struggles pitted whites against whites. That is because these were regime struggles first and foremost, not simply struggles over ‘race.’

    Often, even usually, American Indians “clung tenaciously to community and tribal affiliations,” even as they reconfigured them, adapting to changing circumstances. “They refused to accept assimilation, refused to go away.” This was nowhere more evident than in the plains of South Dakota, among the Sioux. 

    President Jefferson sent Merriwether Lewis and William Clark to explore the northwest tributaries of the Mississippi River, especially the Missouri River. There they encountered the Sioux, with whom they quarreled; the Sioux demanded more gifts of tribute than the explorers were willing to part with. The Sioux generally had found Europeans unimpressive, having dealt with French, British, and Spanish traders for years. They themselves were relatively recent arrivals to the area, having lived there “probably no more than two generations,” since the early 1700s. From Minnesota they had moved west, “using guns acquired through trade” to displace the Omaha, Otoe, Iowa, Missouri, and Ponca tribes. By Lewis and Clark’s time, the westernmost groups of Sioux “had acquired horses and were becoming a buffalo-hunting people.” In subsequent decades, “the Plains Sioux waged intermittent war against Kiowas, Crows, Shoshones, Assiniboines, and Skidi Pawnees to gain access to new hunting areas, and by 1850 their population numbered about 15,000, ruling “much of the vast region between the Platte and the Yellowstone.” That is, the Sioux had their own strategies of empire and regime change.

    It is worth pausing to consider this information, as it rather spoils the moral foundation of any Sioux claims to the Great Plains. The tribes they displaced in the eighteenth and nineteenth centuries all had prior claims to the land. Most had arrived there because they had been driven from their previous lands by more powerful Indian nations. It should come as no surprise that human beings in North America acted more or less as human beings did in Africa, Asia, Europe, and South America: fighting over territory with no particular respect for natural right, an idea discovered by philosophers, not warriors. Like the Americans later on, they practiced a policy of assimilation, capturing women and children in attacks on other tribes and ‘adopting’ them.

    Knowing that such facts damage his case for the Sioux, Ostler is at pains to tell us that “unlike European Americans,” the Sioux “did not divide the world’s people into the civilized and the primitive and imagine an inevitable and total triumph of the former over the latter,” and had no “ideologically articulated commitment to an empire that would encompass the entire continent.” Nor were their incursions “planned very far in advance,” centrally coordinated from a distant capital. Of course, all this means is that the Sioux, unlike the people of the United States, lacked ‘modernity.’ They had no modern state and little in the way of modern technology, except for the guns they obtained from Europeans. Their imperialism was less impressive than that of the Americans because they lacked the population size, political organization, and technological power of the Americans. They were surely no less intent on grasping for power over the land, and no less successful until the bigger fish swam along. This doesn’t mean that the Sioux have no legal claims to territory on the Great Plains; in the course of the nineteenth century they signed treaties with the Americans, and the Americans violated them more than once. But to say that they enjoy some sort of moral advantage over the ‘Whites’ is rather silly. Ostler wisely attempts no formal argument on that point. 

    Ostler deftly sketches the political organization of the Sioux nation. They consisted of seven groups they called the Seven Council Fires. The Council wasn’t “a political entity” but rather “an identity based on a shared language, culture, and history,” its internal relations characterized by fluctuating alliances, rulers, and locations. Each of the Council Fires was in turn divided into oyate, “a term that can be translated as tribe, people, or nation,” and each oyate “consisted of several tiyospayes or bands of a few hundred people linked by kinship. “There is little evidence of large multiband councils before the 1850s.” Each band had a chief who could be removed by the people. The total population of Sioux increased dramatically in the nineteenth century, doubling between 1850 and 1880. 

    That is, the organization of the Sioux resembled the ancient European societies described by Aristotle and Fustel de Coulanges, societies predating the establishment of poleis or ‘city-states,’ much less the modern state. Their religion also resembled that of many other peoples of antiquity and indeed of today. According to the Sioux, the Wakan Tanka rules the world. Although this term has often been translated as ‘God’ or ‘Great Spirit,’ it is no creator-God, nor is it a person. Wakan Tanka refers to “the spiritual powers of the universe,” immanent in all things, not holy or separate from them. In moving to the Great Plains and “becoming a Buffalo Nation,” the Sioux believed themselves to be a people favored by the Wakan Tanka. “They continually reminded people of their dependence on the life-giving powers that suffused the world.” This amounts to a sort of Hegelianism without rationalism, and Ostler duly notes the tendency among some nineteenth-century Americans to abandon the Founders’ natural-rights Christian rationalism for newly fashionable historicist Christian rationalism, a democratized and Christianized Hegelianism. This is indeed an ideational difference, drawn from radically different sources, but not so much of a moral difference, when you come right down to it. By 1846, Missouri Senator Thomas Hart Benton could win applause by intoning that the “White race” was obeying God’s command to “subdue and replenish the earth.” In the eastern United States, Indian “tribes that resisted civilization met extinction,” and the same fate would hold for the Indians of the West. It seems that the Sioux had held similar opinions of the peoples they had defeated, lacking only the political and technological means to enforce them so successfully.

    Avid for modern “weapons, ammunition, metal tools, clothing, decorative ornaments, sugar, coffee, clay pipes, blankets, and tobacco,” the Sioux began “willingly hunt[ing] more bison than necessary for subsistence” in order to provide the Americans with robes and hides. “Hunting bison for the market was one of many causes that contributed to the decline of bison populations in the 1840 and 1850s.” The Sioux also traded furs for alcohol, which led to some violence, but this was not widespread among them. The Americans brought with them not only tradeable goods but smallpox; it must be said, and Ostler does say, that before the disease had spread they inoculated many of the Sioux. In all, “Plains Sioux in the 1820s and 1830s had little reason to think Americans would pose a serious threat.” Even in the 1840s, the increasing numbers of Americans they saw were only passing through to points west, and they could be charged fees for their consumption of game, grass, and timber. 

    However, in that same decade such diseases as cholera and measles, along with smallpox, increased. The Sioux may have regarded these epidemics as forms of magic inflicted upon them by the American travelers or as punishments inflicted by the Wakan Tanka for transgressions of taboos and improper performance of rituals. However, the main pressure was political. By midcentury, the Americans (who had substantially increased their southwestern territories by defeating Mexico in the 1848-49 war) began to attempt to settle Plains tribes into reservations, a move preliminary to assimilation into American civil life. The Fort Laramie Treaty of 1851 “specified the territory of each tribe and called for intertribal peace,” the latter having been scarce enough for many centuries. The Plains Indians “recognized the right of the United Sates to establish roads and military posts within these reservations and pledged to respect the passage of emigrants” in exchange for U.S. annuities to the tribes for the next fifty years. To distribute these monies, the United States government placed officers at “agencies on or near each tribe’s reservation.” As Ostler admits, “It is difficult to know for sure what the Sioux understood they were doing when they signed this treaty,” but in any event it “failed to take into account…the decentralized and voluntary character of Plains Sioux political organization.” The signers “did not necessarily represent all the bands within these oyate, and they certainly did not represent other oyate.” 

    Understandably, a series of wars followed, beginning in 1854 and lasting into the 1890s. At the same time, Americans attempted to change the regime of the Sioux much as Washington had done with the Five Civilized Tribes, decades earlier—exhorting them “to take up the plow” instead of their (relatively recent) way of life based on hunting bison. This policy was enforced primarily by government annuities, the manipulation of which gave government agents considerable sway. But the military side of the policy intensified in the 1860s, when the eastern Sioux, still in Minnesota, thought to rebel against Minnesota settlers when the vast majority of U.S. forces were engaged in the Civil War. It didn’t work; the Americans pushed the eastern Sioux onto the Plains and in 1863 the U.S. military pursued, intending “to subjugate the Sioux once and for all.” After the Civil War, General William Tecumseh Sherman led a larger force into the region, but without much success. The Sioux had honed their own military skills for decades while fighting rival tribes on the Plains; the U.S. Congress wanted to cut funds for the Army in the wake of the Civil War; Reconstruction in the South required about 20,000 soldiers there; and many of the former Abolitionists now turned their attention to the suffering of the Indians at the hands of corrupt agents in the Office of Indian Affairs. Army officers, led by the decidedly unsentimental General Sherman, faced off against these “Indian lovers,” as they styled these Christian reformers. They would frustrate one another for the next three decades, but not to the advantage of the Sioux.

    President Grant attempted to resolve the matter by establishing the Indian Peace Commission, which consisted of four civilians and three army officers. Some Sioux signed treaties proposed by the Commission, others did not. And once again, even the Sioux tribes that signed the treaties may not have fully understood them. True to their longtime intention of changing the regime of Indian tribes and nations, “the words of [the principal] treaty were designed to erase Sioux ways of life” by encouraging agriculture and by privatizing communal lands. Such militants as Crazy Horse and Sitting Bull refused to sign any treaty at all. The geographic center of military resistance to the United States formed between the Yellowstone and the Black Hills; “if the U.S. army tried to invade the region it would face a formidable alliance of all northern Plains Indians still willing to fight.”

    In so organizing, the militant Sioux did exactly what European monarchs had done in the sixteenth century. They “attempted to create new forms of centralized authority to resist a sustained invasion”—something along the lines of a modern state—with Sitting Bull as “War Chief—Leader of the entire Sioux nation.” Sitting Bull soon faced the same troubles as the kings of England and France had experienced. “Sioux decision-making processes remain would remain decentralized” and political union “was difficult to sustain.” The North American equivalent of feudal lords would have their say, as indeed the American equivalents of such lords, based on the plantations of the South, had had their say in Congress in the decades before the Civil War. This notwithstanding, the militants “had ample cause to think they could prevail.” Large herds of bison remained in the region they ruled; up to now, they “had an impressive record of avoiding destructive engagements and checking the American advance”; and “they had reason to think that the spiritual powers of the universe, accessible through ceremony and proper moral behavior, would continue to assist them.” Materially, militarily, and spiritually, they seemed to themselves well-armed. The four main U.S. government agencies for the western Sioux “could do little except try to persuade and cajole Indians to take up farming or wear ‘civilized’ clothing.” Assimilation had not advanced much.

    One agent, J. C. O’Connor, realized that agriculture wasn’t the best use of the Great Plains, anyway. The Plains were home to the bison. Bison are herd animals, not vegetation. “Furthermore, since Indian men were used to ‘the chase,'” O’Connor reasoned, “and were ‘little inclined to farming operations,’ stockraising was a good match to ‘their habits.'” Quite likely so, but it was too little, too late, and too many other government agencies preferred to keep the non-militants among the Sioux dependent upon the annuities the agents dispersed or withheld. What is more, American cattlemen saw the same thing O’Connor did, moving to occupy prime grazing lands. And the Black Hills also held its real or imagined attraction to Americans, when small amounts of gold were found there. But “the Plains Sioux looked upon the Black Hills as the center of their land, indeed, as the very heart of the earth.” Yet claims of sanctity for land have never held any weight in American courts, whether animated by theories of natural right or of historical progress. The regime clash therefore continued and intensified. 

    Thus “the Grant Administration’s peace policy began to wane.” It hadn’t produced peace, for one thing. With the defiance of Sioux militants, “Americans who had once favored a policy of kindness were losing patience,” even as the Reconstruction of the South was losing favor. The Panic of 1873 produced tension among workers and capitalists in the cities, farmers and capitalists in the countryside. It seemed to many Americans that they had reunified the country in 1865 only to see it threatened again in the late 1870s. To relieve these civil-social pressures in the heavily populated East, Grant hoped to induce young men to make their fortunes in the West. He sent a commission to the Sioux, offering to buy or lease the Black Hills for the substantial sum of $100,000 per year, but the Sioux would have none of that. The strategy worked up by his administration was clever: allow Americans to continue their movement into the Black Hills while withdrawing U.S. troops; wait for Indian attacks upon the miners, which “would provide a pretext for a final conquest of the northern militants.” “The government would demand that the agency Sioux sell the Black Hills at whatever price it decreed and threaten to starve them if they refused.” After that, the overconfident Sitting Bull and his militants could be crushed.

    A famous setback occurred in June 1876, when General George Armstrong Custer led his men to disaster at Little Bighorn. The Great Sioux War had begun. Just as the Sioux underestimated the Americans, the Americans had underestimated the Sioux—as peoples ruled by opposing regimes so often do, and indeed had done in the previous decade, during the Civil War. In September, a U.S. delegation told the Oglala Sioux that if the refused to cede certain lands to the Americans, “Congress would cut off their ratios, the army would punish them, and the government would take the Black Hills anyway.” Only about ten percent of the adult male Oglalas signed (the treaty supposedly framing U.S.-Sioux relations had stipulated seventy-five percent), but the commissioners were satisfied. Obviously, most of the Sioux were not, and the war was on. It didn’t last long, and although the Sioux and their Cheyenne allies killed far more Americans than Americans killed Indians, the Americans’ superior manpower numbers told in the end. However, the Indians did win peace with the United States, along with the “freedom from fear and hunger” peace entailed. The settlement also ended “the ravages of intertribal warfare,” as the United States would serve as an arbiter of any disputes that arose among the Plains Indians. 

    As happened many times, the United States soon reneged on one of its promises under the peace agreement, whereby it pledged to establish an agency in the northern section of Sioux territory. The American leverage over the Sioux now derived from the threat of moving many of them out of the Great Plains. Some Sioux chiefs were sufficiently intimidated by this prospect to break with Crazy Horse, the tribal chief of the northern Sioux, who demanded that the Americans fulfill their promise. Initially, the Americans temporized, but eventually Crazy Horse was arrested and imprisoned; he died in American custody. “By the late 1870s, the Sioux had become a captive people.”

    Within the new terms of their political life, the Sioux continued to negotiate with the Americans, and at the highest levels. In September 1877, worried about the Americans’ intention to move them ‘temporarily’ off their now-reduced land to a location along the Missouri River, a delegation of chieftains met with President Rutherford B. Hayes. They cited the effects of alcohol in those riverboat towns, Chief Red Cloud saying there was “too much whiskey there”—a line that appealed to Hayes’s wife, an ardent temperance warrior. They appealed to the universal sentiment of patriotism, Chief Spotted Tail saying that “the country I live in is mine,” and I love what is my own. Hayes assured them that the move was only for the winter, necessitated by the threat of starvation caused by the decline of game in the territories set aside for the reservation. You must learn to become farmers, he said. With a sense of the importance of public opinion in a republican regime, the Sioux leaders next turned to the media—specifically, a reporter for the New York Herald—telling him that supplies could indeed be shipped from the Missouri to the agencies supplying Sioux populations. Returning to the White House the following day, they engaged in a bit of political theater, costuming themselves in American clothes, thereby “dramatizing their willingness to change.” Hayes remained obdurate. By now, after the stinging defeat at Little Big Horn, the American public “favored a policy of dealing firmly with the Sioux.” Under those circumstances, Hayes intended to show no weakness.

    Where, then, did the regime change strategy stand at this point? “Many Sioux leaders were genuinely willing to ‘become like the white man,’ though only in the limited sense that they wanted to prosper and were willing to incorporate certain elements of American ways of life to do so.” ‘Yes’ to schooling in the English language, given the “practical advantages” of knowing it; ‘no’ to full assimilation. The dwindling bison population weakened Sioux attempts at preserving their way of life, however, as did their consequently ever-increasing dependency upon the U.S. government for their supplies. Even here, the regime difference surfaced, as the government wanted to give them only processed meat, which prevented the Sioux from using hides and other parts of the slaughtered animals for making their traditional clothing, shelter (specifically, bison hides for tipis), and ornaments. U.S. agents aimed at getting the Sioux to disperse over the prairie on farms—forming the Prairie equivalent of a Jeffersonian yeomanry—and thus diluting the tribal institutions and habits of the Sioux regimes. The Sioux prudently resisted. For example, at one settlement they took the new building materials and constructed houses along streams, “thus creating elongated villages.” And “indeed, the relative permanence of houses would make it more difficult for the government to atomize Oglalas in the future.” A regime is more than an arrangement of physical elements, and U.S.-imposed rearrangements of those elements could be reworked to preserve the old ways of life. They adapted to the disappearance of the bison by hunting other game, including elk, deer, and pronghorn antelopes not only for food but for the hides, antlers, and bones the Americans had tried to block them from obtaining. [2] Increasingly, the American agents saw J.C. O’Connor’s point, that herding cattle made more sense on the Great Plains than farming did, although Sioux kinship-based communalism continued to resist thoroughgoing adoption of American-style individual property rights.

    The character of the American regime itself was changing, complicating matters further. Notions of ‘Manifest Destiny’ and ‘race science,’ which galvanized some Americans prior to the Civil War, were now coalescing into the frankly historicist constellation of doctrines whose advocates (often temperance and civil service reform advocates) were beginning to call themselves “Progressives.’ These “theories of social evolution” fed into thinking about Indian policy, further exaggerating hopes “that assimilation could be accomplished with relative ease.” “The key” to this enterprise “was to establish the proper environment and, as proved the case in many of the Progressives’ efforts, schooling was sculpted edge of that key, indispensable to unlocking the door to ‘change.’ “Armed with certain knowledge of their own superiority, boundless optimism in humanity’s plasticity, and unflappable confidence in their ability to direct social evolution, the ‘friends of the Indians’ launched the most comprehensive and sustained assault on Native ways of life in U.S. history.” Ostler finds the exemplar of the Progressive mindset in Richard Henry Pratt, who persuaded the U.S. Army to use abandoned military barracks in Carlisle, Pennsylvania for a school dedicated to ‘modernize’ Indian children. Pratt had the children’s names Anglicized, their hair cut, their behavior regimented in military drills and enforced by corporal punishment (seldom used by Indian parents). His intention was to return the students to the reservations, where they could work to reform their people. It didn’t work. Returning students were out of place, and “by the late 1880s, assimilationists were wringing their hands over the ‘relapse problem,'” as the Sioux clung to their guns and religion. Ostler himself wrings his hands over this American attempt at “cultural genocide”—a rather inflammatory term for regime change—but the Progressives of course did not restrict their ambitions to the ‘Red’ peoples. Whites, too, were to undergo regime change animated by progressive-historicist principles in many ways antithetical to natural-rights constitutionalism.

    Regime change had been, and would have continued to be, difficult enough without the intervention on Progressives. After viewing a performance of the Sun Dance, a U.S. observer told Chief Red Dog, “Our grandfathers used to be like yours hundreds and thousands of years ago. Now we are different. Your religion brought you the buffalo, ours brought us locomotives and talking wires.” True enough, but what did that signify to Red Cloud? He preferred the buffalo. Such “heathenish dances,” along with polygamy, reluctance to send children to American schools, and giving away annuity goods seemed wicked to the Americans but not to the Sioux. Attempts to convert the Sioux to Christianity were equally futile, as they inclined to think of Jesus as one god among many, another bearer of spiritual powers, a new way “to obtain spiritual power.” Sioux religiosity wasn’t founded on doctrine but on practice; any practice might be tested for its effectiveness, and if it worked it worked. 

    Depending upon Indian chiefs, yet attempting regime change many chiefs didn’t want, the Americans floundered. They never found the right balance of persuasion, inducement, and coercion. Their efforts did exacerbate factionalism among the Sioux, who divided into those who wanted some form of regime change, those who wanted to go through the motions, and those who wanted to resist.

    Of the latter, Chief Sitting Bull was among the most recalcitrant. “The most experienced” U.S. Indian agent in western Sioux country, James McLaughlin, had enjoyed some success in winning over some of the previous hostile Sioux tribes. Sitting Bull was another matter. McLaughlin found him “a stocky man, with an evil face and shifty eyes, pompous, vain, and boastful.” The American nonetheless attempted to show him the advantages of the American regime by taking him to St. Paul, Minnesota. Sitting Bull despised the place, and the people who lived there. “The whitemen loved their whores more than their wives,” he sneered; they dressed them better and treated them more affectionately. They disrespected their own president. He was, he told a newspaper reporter, “sick of the houses and the noises and the multitudes of men,” telling a missionary lady that he would rather “die an Indian than live a white man.” Having observed the saloons of St. Paul and the abuse of alcohol on the reservations, he lamented, “With whiskey replacing the buffaloes, there is no hope for Indians.” At one point, Ostler pauses to deplore the fact that Americans hadn’t yet acquired the “cultural pluralism” of anthropologists like Franz Boas, going so far as to claim that the Sioux were farther along the road of toleration. But evidently not.

    Sitting Bull, who by now had fled to Canada, welcomed the remnants of Crazy Horse’s people to the land of exile, where he intended to reconstitute the Sioux nation under its traditional regime. Back in the United States, the less militant Sioux bands continued to have difficulties with the Indian Office, which ignored President Hayes’s guarantees and placed its agency along the Missouri River in order to save money on transportation of supplies. Yet another U.S. commission was sent to find facts, and even one of its number conceded that the Sioux chiefs were right. The agents were making a liar out of the President. Pressures were building. As for Sitting Bull, his people suffered from harsh Canadian conditions. He returned to South Dakota in July 1881, surrendering his weapons to the United States and soon joining a ‘Wild West’ show in which he was featured along with Annie Oakley, whom he took on as an adopted daughter. He made good money, giving most of it away to needy Sioux.

    As in Georgia in the 1820s, so in South Dakota in the 1880s. While the federal government in Washington continued to cast around for a formula which would make regime change work, governors and other American settlers in the territory began to push for further land acquisitions. This provoked both the Sioux and the American Progressives. The issue stalemated until the end of the decade, when Congress passed the Dawes Severalty Act, whereby the Sioux could exchange more land for monetary compensation, and the United States Supreme Court ruled against tribal sovereignty in United States v. Kagama. “Against enormous pressures, the western Sioux had managed to create a unified opposition against land cession, only to see this shattered.” 

    Many of them turned to a self-styled prophet, a messianic figure named Wovoka, who had been born about three decades earlier in Nevada. Wovoka reported having experienced an apocalyptic dream vision in which “God”—Wakan Tanka, in the form of Jesus—told him that if the Sioux performed a certain dance “at intervals, for five consecutive days each time,” the Whites would disappear from Sioux lands and the Sioux would reunite with their ancestors now living in another world. This was the origin of the Ghost Dance, which seized the imagination of Sioux desperate for the renewal of their way of life. After all, “if whites were the bearers of a superior way of life, how could they have rejected and killed God’s Son? By pointing out that Europeans had killed the Messiah” in his previous manifestation and then having him claim Indians as his chosen people, Wovoka and his followers hoped to reverse the flow of power. The moral powers of the universe would no longer support the strong.” The Ghost Dance would precipitate this true regime change, without the violence that had proven futile against American might.

    Ostler notes that “most Plains Sioux never even saw a Ghost Dance, let alone danced in one.” As usual, the nation factionalized into those who regarded the prophecy, and the policy it recommended, as true and those who took it as rubbish. Typically, “bands with a history of strategic cooperation with U.S. officials generally rejected the Ghost Dance,” and the only bands “seriously to consider the Ghost Dance were those with a history of direct resistance to the reservation system.” Many Ghost Dancers imagined that their dresses and shirts would make them invulnerable to American weapons, in the event of any attempt to suppress the movement by force. 

    The federal government was not amused. In “the largest military operation since the Civil War,” a substantial U.S. Army force moved against the militant tribes. Army officers had continued to believe that the civilians had botched the job of governing the Sioux, and President Benjamin Harrison signed off on the expedition, worried that the forces on the ground couldn’t protect the American settlers against what he mistook for a potentially violent uprising. Ostler speculates that Harrison may have recalled his father’s victory over the Tecumseh movement in 1811 in the Battle of Tippecanoe; on more solid ground, he points to the still fresh memories of Custer’s Last Stand. At any rate, “because there was no real evidence that the ghost dancers threatened settlers’ lives, the decision to send troops arguably violated Article I of the 1868 Treaty, which states that the ‘Government of the United States desires peace, and its honor is pledged to keep it.'” Obviously, Harrison and the Army officers thought they were keeping the peace, but it is quite likely that they overreacted, with bloody consequences.

    “Before the military campaign began, between 4,000 and 5,000 Lakotas were living in Ghost Dance camps. A month later there were no more than 1,300 people at the three remaining Ghost Dance sites,” including Sitting Bull’s band. The threat of armed force, added to the manipulation of food supplies, discouraged the majority, who returned to Indian Agency territory. Poised to attack Sitting Bull’s position at the Standing Rock Agency, the Army halted at the news that Sitting Bull and several in his inner circle had been killed—some “would say murder[ed]”—by Indian agency police sent by his now-enemy James McLaughlin to arrest him. The remainder of his band fled. A few days later, as the Ghost Dancers at another site retreated toward the agency territory, Army troops intercepted and attempted to disarm them. Ostler judges that had the Army officers allowed them to return “without interference, almost certainly the massacre [at Wounded Knee] would not have happened.” (Unfortunately, he steers his narrative into ‘postmodernist’ territory. Quoting a report written by the captain of the Army detachment, who recounts that he found one “squaw” who was “moaning”—pretending to be ill—while concealing a “beautiful Winchester rifle” underneath her and another who “had to be thrown on her back” in order to recover the gun she was hiding, Ostler describes such language as “sexualized,” the stuff of “a rape fantasy.” One might suppose that the ensuing massacre was evidence enough of atrocity.) 

    In his conclusion, Ostler tells of the continued practice of the Ghost Dance among some of the Sioux people. “In recent years, Indians have seen the increase in bison populations and the revival of traditional cultural and religious practices as at least partial fulfillment of the Ghost Dance’s potential.” More, “to many Native people,” not only the Sioux, “it is abundantly clear that western civilization will inevitably collapse under the weight of its technological madness and moral bankruptcy,” fulfilling “Wovoka’s prophecy.” That remains to be seen. Such ‘prophecies’ have been issued before. 

    On the legal front, in 1980 the United States Supreme Court affirmed Sioux claims that the United States obtained the Black Hills illegally, ordering monetary compensation for the loss. This the Lakotas refused to accept, calling the Black Hills sacred land, never to be sold. Thus the regime struggle continues. ‘Sacred land’ isn’t a category under in the American regime and its constitutional law. There is tax-exempt real property owned by religious organizations which have sanctified it to their own satisfaction, but such property continues to be understood in American courts as a natural and civil right, not a sacred thing. To recognize land as sacred would be to abandon natural and constitutional right, returning to the feudal conceptions of right and of law held by the European aristocrats to whom Tocqueville compared the Indians.

    As for Ostler’s political agenda, he cannot be accused of harboring aristocratic leanings. Since the collapse of the Soviet Union, the American Left has propounded a fake cultural pluralism or relativism, predictably at the service of socialist-egalitarian sentiments. The communalism of the Sioux and other Amerindian nations appeals to them. Perhaps most of all, the prospect of breaking up the American Union with the hammer of ‘multiculturalism’ seems to them the best prospect for advancing their ideological interests. Readers who see this will adjust their sights to his rhetoric while learning a lot from the real research he has done. 

     

    Notes

    1. Thomas G. West: Vindicating the Founders (Lanham: Rowman & Littlefield, 1997).
    2. Ostler points out that the Sioux might well have adapted to farming life because their hunting habits were relatively recent, concurrent with their arrival on the Great Plains. “Although Plains Sioux people (especially men) often spoke scornfully of farming as something inimical to their identity altogether (and, at best, women’s work), most could have easily found ancestors only a generation or two before with extensive horticultural experience.” When they lived near the Missouri in the late 1700s, they grew crops, and the eastern Dakotas and Arikaras had grown corn for many generations.

     

    Filed Under: American Politics

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