Australian Journal of Politics and History: Volume 46, Number 3, 2000, pp. 336-356. Liability, Responsibility and Blame: British Ransom Victims in the Mediterranean Periphery, 1860-81 MARTIN BLINKHORN∗ History, University of Lancaster Between 1865 and 1881 there occurred in southern Europe and the Balkans several cases of kidnapping in which British subjects were seized and held to ransom by brigands. Most ended peacefully (though expensively) with the negotiation and handing over of a substantial ransom, usually in gold, and the subsequent freeing of the hostage(s); one case, that of the so-called ‘Marathon murders’ of 1870 in Greece, ended in tragedy. Quite apart from the problems these incidents created for the victims and their families, some kidnappings also raised important questions for the governments involved, notably who was to blame for such incidents, who was formally responsible for them, and — crucially — who was ultimately liable for the cost involved? These questions and the responses of British governments to them, culminating in 1881 with the enunciation by Gladstone’s administration of a clear policy on such matters, form the core of this article. Epilogue as Prologue As this article was nearing completion, the British newspaper The Guardian reported that during 1999 there had been recorded, worldwide, 1,789 kidnappings for ransom. Most of these had occurred in Latin America, notably Colombia where the Marxist ELN (National Liberation Army) had carried out hundreds of kidnappings in order to raise funds for its struggle. The other top ten “hot spots for danger” (in descending order) were Mexico, the former Soviet Union, Brazil, the Philippines, Nigeria, India, Ecuador, Venezuela and South Africa. One of the Colombian victims was British, a Scottish oil worker, Alistair Taylor, whose captivity was already (at 21 April 2000) well into its eighth month. The report made reference to the “well-rehearsed set of procedures” operated by the Foreign Office “when a British national is kidnapped abroad”: The first step is to contact the government of the country concerned and insist that no action is taken that could harm the hostage’s safety, a request that was ignored with disastrous results by the Yemeni government in December 1998, when three British tourists and one Australian were killed in a shoot-out between security forces and a gang of Islamic militant kidnappers. British policy remains never to give in to ransom demands but the Foreign Office admits it has no control over the actions of people and companies with abduction insurance. Diplomats are ∗ This article develops themes addressed in a paper given to the biennial conference of the Australasian Association for European History, Perth, 1999, an edited version of which appears in the published conference proceedings. It also incorporates ideas first explored in a paper given in 1998 to the research seminar of the Department of Law, Lancaster University. I am extremely grateful to Professor Sol Picciotto for his helpful comments on (and corrections to) that paper. Any surviving errors or misconceptions on matters of international law are entirely mine. © Departments of History & Government, The University of Queensland & Blackwell Publishers 2000. Liability, Responsibility and Blame 337 understood to be worried that the rise in demand for kidnap insurance may be exacerbating the problem, as many kidnap gangs expect employees of multi-national companies to be covered.1 If the sheer volume of international kidnapping as the twentieth century ended was unprecedented, and the advent of kidnapping insurance a new tactic in the game, the phenomenon itself was by no reckoning new. During the 1920s and early 1930s, for example, the kidnapping of foreigners by Chinese bandit warlords was almost commonplace.2 Earlier, during the first decade of the century, Macedonian insurgent bands and the Moroccan brigand-turned-rebel Raisuli carried out several well-publicised kidnappings of foreigners, British nationals prominent among them.3 By this time the position of the Foreign Office and of British governments faced with the kidnapping for ransom of Britons abroad was more or less clearly established along the lines adumbrated above. How, during a still earlier wave of international kidnappings, that position came to be established is one of the themes of this article. Related to it are other questions, all the more pertinent in times before the introduction of kidnapping insurance: who bore responsibility for such actions and who was ultimately liable for the financial costs involved? Lord Granville Investigates In the summer of 1881, Lord Granville, foreign secretary in Gladstone’s second administration, circulated British embassies, legations and consulates with a demand for details of cases in which, since 1860, British subjects had been seized and held to ransom by brigands. The responses enabled the Foreign Office to produce, and Granville to lay before Parliament, a detailed table revealing that during the previous two decades there had occurred fourteen such cases, eleven in southern Europe (Spain, Italy, Greece and the Ottoman Balkans) and three in Mexico. They ranged from small-scale cases involving a few hours’ detention and a modest ransom to others in which captives had been held for months, some in which the ransom paid represented hundreds of thousands of pounds at today’s values, and two in which the lives of captives were lost.4 1 The Guardian (London), 21 April 2000, p. 6. The original report on which the Guardian article was based was published by the insurance group Hiscox, and can be viewed via its website: www.hiscox.co.uk. 2 There exist several published memoirs of such episodes, many involving missionaries. The most colourful, not involving a missionary, is unquestionably “Tinko” Pawley, My Bandit Hosts (London: S. Paul & Co. Ltd., 1933). Pawley’s memoir inspired an Evelyn Waugh short story, “Incident in Azania”: see Evelyn Waugh (Ann Pasternak Slater ed.), Complete Short Stories and Selected Drawings (London: David Campbell, 1998), pp. 87-102, and Pasternak Slater’s illustrated article “White Mischief” in The Guardian Weekend Supplement, 26 September 1998, pp. 10-17. 3 A taste of the activities of Macedonian-Bulgarian bands and of Raisuli can be obtained from, respectively, Laura Beth Sherman, Fires on the Mountain. The Macedonian Revolutionary Movement and the Kidnapping of Ellen Stone (New York and Boulder: Columbia University Press, 1980) and Walter Harris, Morocco That Was (London: W. Blackwood and Sons, 1921, reprinted 1983), especially pp. 179-264 of the 1983 edition. On the American dimension to the kidnappings of the early 1900s, see Russell D. Buhite, Lives at Risk. Hostages and Victims in American Foreign Policy (Wilmington DE: Scholarly Resources Inc., 1995), pp. 57-86. 4 “Return respecting British Subjects captured by Brigands, 1860-81” (5 July 1881), House of Commons Parliamentary Papers (1881), XCVIII, 243 (no. C.2990). © Departments of History & Government, The University of Queensland & Blackwell Publishers 2000. 338 Martin Blinkhorn Granville’s reason for undertaking this exercise was his, and the Treasury’s, concern at the recent substantial commitment of public moneys to accelerate the ransoming of British subjects held hostage by brigands in the Ottoman Balkans. During 1880-81 successive British governments, one Conservative and the other Liberal, had authorised the payment, through the British consulate-general at Salonica, of ransoms totalling around £24,000 (perhaps half-a-million pounds today). This had been deemed necessary in order to free, first an Anglo-Irish adviser to the Ottoman gendarmerie, Colonel Henry Synge, and then a mining engineer, Harry Suter, from captivity and the threat of death at the hands of ethnic Greek brigands active in Macedonia (now northern Greece).5 Although Granville’s “audit” actually showed that in the overall period 1860-81 government involvement in the payment of ransoms had been the exception rather than the rule, and before 1880 had resulted in no net loss to the Exchequer, official concern was understandable. The Salonica consulate’s recent outlay represented almost exactly a tenth of Britain’s annual consular service budget,6 and while in both cases it was intended as merely an advance pending final payment from some other quarter, there was good cause for concern as to whether such restitution would ever be forthcoming. Neither freed hostage could afford to reimburse his government, while any possibility of the Ottoman government’s making good the sum was rendered dubious by the parlous state of the empire’s finances, the sluggishness of its bureaucracy, and the ambivalence of its commitments. Behind the immediate issue lay broader and more fundamental questions as to the whole nature and location of responsibility and liability when the subject of one country, while travelling or residing in another, fell into the hands of kidnappers. Britons and Brigands Although it is not explicit in any of the documentation surrounding the Granville kidnapping “audit”, implicit is a suggestion that the period to which it refers, 186081, had been one in which encounters between Englishmen (for such they were always termed) and foreign brigands or bandits had been unusually numerous and costly. And so it seems was the case, since (as far as I have been able to discover), in the forty-five years between the end of the Napoleonic wars and the starting date of Granville’s survey, only one minor (because brief) instance of brigand kidnapping involving British subjects occurred in southern Europe, plus one of (double) murder at the hands of brigands.7 This period also coincided with the 5 P[ublic] R[ecord] O[ffice] F[oreign]O[ffice]/881/4222. Correspondence respecting the Capture of Colonel Synge by Brigands in the District of Caraferia, Macedonia. 1880; PRO FO/881/4454. Correspondence respecting the Capture of Mr H. Suter by Brigands at Isvor in Turkey. 1881. 6 PRO T[reasury]/1/12817/10883, “Consular Service Vote 1880-1”, 21 June 1880. 7 On the double murder in question, that of a Mr and Mrs Hunt, see Crawford Tait Ramage (Edith Clay ed.), Ramage in South Italy. The Nooks and Byways of Italy: Wanderings in Search of its Ancient Remains and Modern Superstitions (Chicago: Longmans, 1987), pp. 5 and 203, and The Times (London), 24 and 28 January 1825. The Times, 3 August 1844, tells of a Mr Starkey’s brief captivity at the hands of Spanish brigands near Gibraltar. One other possible case must be mentioned. At the age of seventy, the renowned playwright and librettist W.S. Gilbert claimed that in 1837, at the age of two, he had been kidnapped and held to ransom (for £25) by Neapolitan brigands. The claim has always been disputed and is now held by most informed commentators to have been (at best) an © Departments of History & Government, The University of Queensland & Blackwell Publishers 2000. Liability, Responsibility and Blame 339 effective suppression and disappearance of the Barbary corsairs, whose kidnapping activities had of course plagued earlier generations since the sixteenth century.8 Why a rash of international kidnappings by Mediterranean and Balkan brigands should have broken out during the 1860s, 1870s and early 1880s is therefore a challenging question in itself. Briefly, the answer would appear to be that these two decades, or at least shorter periods within them, witnessed a coincidence of two developments: an upsurge, temporary in most areas, in brigandage itself and a heightened British presence throughout the region. Following a decline in brigandage across much of the northern Mediterranean rim during the 1850s, in the following decade the phenomenon revived in all the areas concerned — southern Spain, southern Italy and Sicily, Greece, and the European provinces of the Ottoman empire. The underlying condition of this recrudescence was the political instability that characterised the period. A brief summary of the southern European political context may accordingly be helpful at this point. Spain underwent a major revolution in 1868, the overthrow of the Bourbon monarchy ushering in a six-year period of extreme political instability. During that period, the country experienced an uncertain provisional period, an unsuccessful new monarchy under an unhappy, imported Italian king, a chaotic one-year republic with four different presidents, insurrections by reactionary Carlists in the north and “cantonalists” (extreme radical decentralisers) in the south, and an eventual military restoration of the monarchy at the end of 1874.9 One, though of course only one, manifestation of the turbulent state in which the Spain of the late 1860s and early 1870s found itself was a reappearance of the brigandage for which the country had once been notorious but which, especially following the introduction of the Civil Guard in 1844, had seemed to be becoming a thing of the past.10 Italy, of course, acquired its independent existence during this period, to be precise in 1861, but for much of the 1860s the southern half of the new country, the former Bourbon monarchy of Naples and Sicily, was home to numerous and often large armed bands representing what the new Italian authorities labelled, and exaggeration. See Jane Stedman, W.S. Gilbert: A Classic Victorian and his Theatre (Oxford: Oxford University Press, 1996), p. 2. Stedman in turn cites Leon E.A. Berman, “The Kidnapping of W.S. Gilbert”, Journal of the American Psychoanalytical Association (May 1985), pp. 133-48 regarding Gilbert’s “memory” of what had probably been no more than a street “snatch” of the infant. I am indebted to my colleague Professor Jeffrey Richards for these references. 8 C.R. Pennell, “Dealing with Pirates: British, French and Moroccans 1834-1856”, Journal of Imperial and Commonwealth History, 21, 1 (1994), pp. 54-83. 9 The best treatment of this period in English remains Alistair Hennessy, The Federal Republic in Spain. Pi y Margall and the Federal Republican Movement, 1868-1874 (Oxford: Clarendon Press, 1962). 10 Such was certainly the impression gained by many foreign visitors. See, for example, the unpublished diary of a Spanish tour undertaken in 1864 by a future British Prime Minister, Henry Campbell-Bannerman: BL Add.Ms. 41248D, especially p. 15. On the Civil Guard see Enrique Martínez Ruiz, Creación de la Guardia Civil (Madrid: Editora Nacional, 1976), pp. 297-307, and Diego López Garrido, La Guardia Civil y los orígenes del Estado centralista (Madrid and Barcelona: Editorial Crítica, 1982). © Departments of History & Government, The University of Queensland & Blackwell Publishers 2000. 340 Martin Blinkhorn implicitly dismissed, as brigantaggio. At first this reflected a widespread and serious regional suspicion of, or downright hostility to, the new state, linked (though not always as closely as northerners insisted was the case) with the papacy and the overthrown Neapolitan Bourbons. By the mid-1860s, however, southern brigantaggio had largely lost whatever political character and connections it had earlier possessed, was inexorably retreating in the face of massive and determined official repression, and had reverted to what might be termed “conventional” brigand behaviour.11 In the tiny nation of Greece, independent since the late 1820s and a kingdom since 1832, the decade of the 1860s saw a revolution (1862) roughly analogous to that of Spain in 1868, a consequent change of monarchical dynasty (1863) and a radically new constitution (1864), unsuccessful hostilities with the Ottoman empire over Crete (1866-9), and a widespread breakdown of law and order as brigandage spread across much of the countryside.12 As for the Ottoman empire itself, in the 1870s it reached, with the war against Russia in 1877-8, a crucial stage in a process of internal and territorial decline that had been a feature of European international relations throughout the nineteenth century; most of its European dominions, and especially those dominated ethnically by Greeks and Bulgarians, were the theatre of operations for brigand bands of at least ostensibly patriotic character.13 Against this background, the second relevant development was a marked increase in British tourism, travelling, and economic enterprise in southern Europe, offering brigands potentially lucrative prey at a time when the Foreign Office had yet to develop a systematic policy of actively discouraging British nationals from venturing into troubled districts. Of the episodes reported to Granville, three involved tourists. William Moens, a London stockbroker, was seized by brigands in May 1865 while returning with his wife and two (also English) companions from an excursion to the site of Paestum, south of Naples; carried off into the mountainous interior of Salerno province, he was held captive for three months.14 Late in the same year Lord John Hervey, brother of the Marquess of Bristol, and two friends were shooting game in the western Greek region of Acharnania, having landed there from their private yacht, when they were seized by brigands who held the party’s youngest member, Henry Coore, hostage for a week.15 The victims, 11 John A. Davis, Conflict and Control. Law and Order in Nineteenth-Century Italy (London: Macmillan Education, 1988), pp. 66-90 and 159-86; John Dickie, Darkest Italy. The Nation and Stereotypes of the Mezzogiorno, 1890-1900 (New York: Macmillan, 1999), pp. 25-52. 12 John S. Koliopoulos, Brigands with a Cause. Brigandage and Irredentism in Modern Greece 1821-1912 (Oxford: Clarendon Press, 1987), pp. 39-104. 13 The best English-language source for the relationship of these processes with banditry is Karen Barkey, Bandits and Bureaucrats: The Ottoman Route to State Centralization (Ithaca NY: Cornell University Press, 1994). 14 W.J.C. Moens, English Travellers and Italian Brigands. A Narrative of Capture and Captivity (London: 1866), 2 volumes. On the actual capture, see volume 1, pp. 103 ff. The account of his captor, Manzo, appears in his interrogation, Archivio di Stato di Salerno [ASSal.], Tribunali Civile e Correzionale e Corte d’Assise di Salerno. Serie: Reati Politici e Brigantaggio [Trib.] B[usta] 57 F[ascicolo] 801, pp. 91-6. This file also contains the Carabinieri report of the episode, 16 May 1865. 15 The Times, 25 December 1865. © Departments of History & Government, The University of Queensland & Blackwell Publishers 2000. Liability, Responsibility and Blame 341 three British and one Italian, of the sensational “Marathon murders” in the Greece of 1870 were members of a party ambushed while returning by carriage to Athens from an excursion to the site of Marathon.16 Most British kidnapping victims, however, were residents in southern Europe, not visitors. Robert Rankin (Spain 1871), Arthur Haselden (Spain 1874), John Forester Rose (Sicily 1876), and Harry Suter (Ottoman Macedonia 1881) possessed economic interests in their respective countries of residence. Rankin owned a saw-mill and a raisin-exporting business in the eastern Spanish coastal town of Denia, where he had lived for twenty-five years and was well-respected as a developer of the local infrastructure and a general benefactor.17 Haselden and his brothers owned and managed several lead mines in the Sierra Morena north-east of Córdoba, a legendary fastness of bandits.18 Rose belonged to a prosperous British family resident in the town of Lercara Friddi, inland from Palermo, with interests in sulphur mining, finance and the marsala trade.19 Suter, whose family included several members of the British consular service, was a mining prospector in the region of Cassandra south-east of Salonica.20 The position of the uncle and nephew John and John Anthony Bonell, kidnapped in Spain near the border with Gibraltar in May 1870, was admittedly rather different. Gibraltar merchants, shippers and property-owners of Genoese descent, the Bonells as native Gibraltarians were nevertheless not only British subjects but also, in their own minds at least, “English” through and through.21 Colonel Henry Synge, as well as owning a farm in the northern foothills of Mount Olympus, was adviser to the Ottoman gendarmerie and thus represented another sub-species of the Englishman abroad, the professional military expert.22 Whether visitors or residents, such foreigners were attractive targets for local brigands. The tourist captives, travelling in style to view, sketch and photograph 16 Romilly Jenkins, The Dilessi Murders (London: Longmans 1961), provides the fullest account of this episode in English. See also Crosby Stevens, Ransom and Murder in Greece. Lord Muncaster’s Journal 1870 (Cambridge: Lutterworth, 1989). The unpublished documentation on the case held in the Public Record Office, some of it unused by Jenkins, is vast; much of it can be accessed via the published Parliamentary Papers. 17 The Rankin kidnapping (a brief affair) is covered in correspondence between the Foreign Office and the Madrid Legation: PRO FO/72/1264. 18 The Times, 13 July 1874. Haselden’s account in The Times is reproduced in H.J. Rose, Untrodden Spain, and her Black Country (London: Samuel Tinsley, 1875), volume 2, pp. 86-92. Diplomatic and consular correspondence relating to the case is contained chiefly in PRO FO/72/1369, PRO FO/72/1382 and PRO FO/72/1387. 19 Raleigh Trevelyan, Principi sotto il vulcano (Milan: Rizzoli Editore, 1977), pp. 216-18. 20 “Correspondence respecting the Capture of Mr. H. Suter by Brigands at Istvor in Turkey”, House of Commons Command Papers (1881), volume C.1015 (no. C.3031), Turkey, no.11, 1881: Mrs Suter to Consul-General Blunt, Salonica, 10 April 1881 (inclosure 6 in no.8, Blunt to Lord Granville, 10 April 1881). For a list of Suter’s consular relatives, see PRO FO/78/3613, Blunt to Foreign Office, no.49 enclosure 2, 15 April 1881. 21 “Minutes of the Proceedings of the Commissioners appointed to inquire into the Seizure, Detention and Ransom of John Bonell and John Antonio Bonell”, PRO FO/72/1263, ff. 304-342, especially f.308. 22 BL, Add.Ms. 39132. Layard Papers, volume CCII, ff 87-8, Layard to Lord Salisbury, 10 March 1880. © Departments of History & Government, The University of Queensland & Blackwell Publishers 2000. 342 Martin Blinkhorn ruins or merely massacre Greek woodcock, advertised their wealth to the locals, some of whom — hotel employees and guides included — provided brigands with information.23 As for resident entrepreneurs, mineowners and the like, such figures stood out in their respective communities and were consequently vulnerable to preplanned crime; all the captives in this category were seized while on regular workrelated journeys or leisure excursions. Their brigand captors took it for granted not only that their victims were rich, which most though not all were, but also that they would be able to raise large ransoms quickly, which only few could. In any case, brigands further convinced themselves, the British government would if necessary either pay to save the Queen’s subjects or, more probably, use its awesome power to make their own rulers pay — a consummation particularly appealing to the outlaw mind. This confidence was particularly strong in relation to British employees of local governments such as Colonel Synge (and, looking forward to the early twentieth century, Philip Wills [also in Ottoman Macedonia]24 and Sir Harry “Caid” Maclean [in Morocco]).25 There was a painful irony here in the case of Synge, who, when he fell into the hands of the brigand Niko, had not been paid by his Ottoman employers for two months.26 Bloodthirsty Scoundrels and Disgraceful Outrages Most of the kidnapping incidents recorded in Granville’s survey occurred, of course, during a period when British international standing was just about at its height. In 1850 the so-called Don Pacífico incident had seen the Greek coast blockaded by the British fleet after the individual in question, a Portuguese Jew from Gibraltar, resident in Greece, had been assaulted and his property sacked in anti-Jewish riots; Palmerston’s response and the supposed principle of “civis romanus sum” and its implications, are well known.27 Four years later (though for different reasons) Anglo-French troops had actually occupied Piraeus.28 As for rescuing captives, even if not strictly captives of brigands, in 1868 a full-scale military expedition under General Robert Napier was dispatched from Britain to 23 The local authorities strongly suspected Moens’s hotel keeper in Salerno of complicity in the kidnapping, and during a later phase of Manzo’s career had him kept under close surveillance. ASSal. Prefettura: Gabinetto Brigantaggio, B63 F684, Prefect of Salerno to Inspector of Police, 3 August 1873. In the “Marathon” case the role of the Marathon party’s dragoman was to say the least suspect. Even if these two individuals were actually innocent, their cases illustrate a general acceptance that such things occurred. 24 P.L. Martin Wills, A Captive of the Bulgarian Brigands. An Englishman’s Terrible Experiences in Macedonia (London: Ede, Allom & Townsend, 1906); The Times, 13 July and 10 October 1905, 25 May 1906; PRO FO/294/33, Monastir Consulate to Constantinople Embassy. See below, footnote 47 and p. 356. 25 Harris, Morocco That Was, pp. 213-15. The Foreign Office files in the Public Record Office contain voluminous information on Maclean’s kidnapping. See especially PRO FO/174/295/9 and PRO FO/174/295/14. 26 This was in common with all those foreigners employed to organise the Ottoman gendarmerie. BL Add.Ms. 39155. Layard Papers, volume CCXXV, f.46, Layard to Salisbury, 21 February 1880. 27 For a recent summary of the episode, see K. Theodore Hoppen, The Mid-Victorian Generation 1846-1886 (Oxford: Clarendon Press, 1988), p. 164. 28 Richard Clogg, A Concise History of Greece (Cambridge: Cambridge University Press, 1992), p. 57. © Departments of History & Government, The University of Queensland & Blackwell Publishers 2000. Liability, Responsibility and Blame 343 free a British diplomat, an official emissary, and a collection of British and European missionaries and artisans, held captive for four years by Theodore, selfappointed Emperor of Abyssinia. The expedition was a sensational success: the captives were freed, British casualties were minimal, Theodore’s army was crushed, his fortress of Magdala was razed to the ground, the Emperor himself was driven to suicide, and Napier returned home to a hero’s welcome and a peerage.29 Although by the mid-1860s the Palmerstonian assertiveness of the Don Pacífico affair was already giving way, at least in Liberal circles, to the more high-minded, less interventionist spirit of Gladstonian Liberalism, the shift was anything but total. Palmerston himself died in 1865 (the year of the first European kidnappings reported to Granville in 1881), while the Abyssinian crisis was still unfolding. His successor, Lord John Russell, having shrunk from using force to free the Abyssinian prisoners, it was left to a Tory government under Disraeli to unleash against Theodore a demonstration of what Britain could, if pushed, do to weaker, at any rate African, nations who withheld due respect from the Queen’s subjects. In 1873-4 a similar fate, on a not dissimilar pretext, was meted out to the Ashanti by the Gladstone administration in which Granville was by then foreign secretary. British attitudes, both official and popular, towards lesser European powers throughout the period embraced by Granville’s survey continued to be influenced by a powerful sense of superiority, at its mildest patronising and at its worst domineering. This was certainly true with respect to the southern European countries in which international kidnapping incidents occurred. Civil servants privately, politicians both privately and sometimes (as after “Marathon”) in public, and the press were commonly critical of the periodically disturbed political and social conditions existing in Mediterranean and Balkan Europe, and especially scornful regarding the fragility or absence of public order of which they considered brigandage a symptom.30 Condemnation of this “disgraceful” state of affairs was nevertheless seldom accompanied by serious analysis. Brigands, in the monotonous expostulatory language of the Victorian great and good, were simply “rogues”, “scoundrels”, “bloodthirsty villains”, especially when guilty of “outrages” against “Englishmen”. Brigandage as a social phenomenon was treated less as a difficult problem with its own very complex causes, than as a kind of national defect constituting evidence of a state’s ill-health and/or immaturity; it was an “infestation”, a “plague”, a “scourge” of which any country suffering it ought to feel ashamed.31 Where what Gladstone termed “organised disorder” prevailed and Englishmen suffered as a result, then questions of responsibility and liability were certain to arise. 29 Alan Moorehead, The Blue Nile (London: The Reprint Society, 1962), pp. 203-72, remains the best account of this insufficiently researched episode. 30 See, for example, The Times editorial that greeted the successful resolution of the Bonell kidnapping in the Spain of 1870: The Times, 17 June 1870. 31 Examples of this vocabulary in, for example, newspaper editorials and Foreign Office correspondence are quite simply so numerous as to make it difficult to know where to start in illustrating the point. For typical examples, however, see the correspondence on the Synge and Suter cases referred to in note 5 above. © Departments of History & Government, The University of Queensland & Blackwell Publishers 2000. 344 Martin Blinkhorn British official relations with the countries of southern Europe were not, however, uniform. Towards the long-established nation-state of Spain and, after 1861, the newly-created one of Italy, British governments maintained at least the form of relations between equally sovereign states, refraining from open intervention or interference in their domestic affairs. This did not, of course, guarantee warm relations, especially where Spain was concerned. For every Spanish regime and government, whatever its complexion, Britain’s tenure of Gibraltar and the fortress’s role as a base for smuggling and a bolt-hole for Spanish criminals and political refugees were perpetual sources of grievance.32 Relations with Italy, a new kingdom whose leaders were from the outset sensitive to the country’s potential great-power status, were generally easier but not without moments of tension.33 Greece and the Ottoman empire were different matters. Along with France and Russia, Britain was one of infant Greece’s three Protecting Powers, a role interpreted by successive British governments and their representatives in Athens to legitimise a degree of active interest in the country’s domestic affairs which, by the 1860s, Greece’s political class was finding increasingly irksome.34 As for the Ottoman empire, Britain’s unofficial status as upholder of the crumbling state’s survival in the face both of indigenous national movements and the territorial ambitions of Russia gave British governments and ambassadors powerful leverage at Constantinople, and consuls in the more important provincial capitals such as Salonica and Smyrna considerable freedom of action.35 Protecting the Englishman Abroad In principle, the position of Victorian Englishmen or -women travelling or residing abroad, and accordingly exposed to local crime, was relatively straightforward. Like any citizen of Spain, Italy, Greece, the Ottoman empire or wherever, they were entitled — if openly and legally present in the host country and obeying its laws — to whatever protection that country’s policing system could provide; should they nevertheless fall victim to any form of crime against their persons or property, they were entitled to see those responsible pursued, apprehended, prosecuted and punished in accordance with the country’s own criminal code and legal system. What they had no right to expect, according to either local or international law, was privileged treatment in general or, more specifically, “official” compensation for financial loss suffered through (for example) theft, 32 C.J. Bartlett, “After Palmerston: Britain and the Iberian Peninsula, 1865-76”, English Historical Review, February 1994, pp. 74-88; Gordon Waterfield, Layard of Nineveh (London: Murray, 1963), pp. 317-47. 33 Anglo-Italian relations in this period lack a general account, though the work of my research student, Owain Wright, should eventually rectify this deficit. 34 In The Dilessi Murders, pp. 99-117, Romilly Jenkins employs the concept of “ethnic truth” to explain the acutely sensitive Greek response to the hellenophobic outcry provoked by the three English deaths; as both he and Crosby Stevens in Ransom and Murder in Greece make plain, an ethnically-driven approach to truth worked in both directions. Another of my research students, Rodanthi Tzanelli, is in the process of shedding new and fascinating light on these matters. 35 Waterfield, Layard of Nineveh, pp. 351-463. © Departments of History & Government, The University of Queensland & Blackwell Publishers 2000. Liability, Responsibility and Blame 345 armed robbery or extortion (of which kidnapping for ransom was a form). Such compensation was, after all, unavailable in the nineteenth century not only to the citizens of European countries but also to Britons at home and foreigners visiting or resident in Britain. From their own government Britons abroad were due “diplomatic protection” via the Foreign Office and the staff of local embassies and consulates. In general this meant making representations, where appropriate, with the host country’s authorities, though as we shall see things could sometimes go much further. What they did not have any right to expect (however much they might hope for it) was that their own government, whether by military or pecuniary means, would exceed accepted forms and levels of diplomatic exhortation, persuasion and pressure. In the vast majority of instances, that was all that needed to be said. Pocketpicking, purse-snatching, even highway-robbery: these were far commoner experiences for foreign visitors to, and residents in, southern Europe than kidnapping ever was, and in the great majority of instances generated only lowlevel, consular business and few real diplomatic problems. At the other extreme, even the straightforward murder of a British subject, while it certainly could generate a fair volume of diplomatic correspondence and inspire questions in both Houses, was seldom a particularly complicated business. This was partly because once the deed was done it was done, but also because it often involved humble individuals like common sailors; cases like that of Frederick Robert, a British mine employee murdered in Spain in 1871, and which (largely owing to the persistence of Henry Layard, the British Minister at Madrid) dragged on for over five years, were very much the exception.36 Kidnapping for ransom was a different and, in comparison, peculiarly problematical crime for a number of reasons. First, as has already been mentioned, the British subjects involved in such episodes were often wealthy, which in turn tended to mean they were wellconnected. Two of the victims of the “Marathon murders”, Frederick Vyner and Edward Herbert, were members of influential aristocratic families and closely related, respectively, to members of the incumbent and previous governments. Lord Muncaster, freed by the Marathon party’s Greek brigands captors to arrange the ransom, was an Irish peer. Lord John Hervey was brother to the Marquess of Bristol. William Moens, Arthur Haselden and John Forester Rose, if less socially elevated, had business associates and family members in England who could and did put pressure on the Foreign Office to do whatever was necessary to protect English lives and liberty. Secondly, the sums of money demanded by brigands were often beyond the means of the victims’ families and friends to raise at short notice, which invariably raised the question of one or other government’s willingness, ability and obligation at the very least to advance the cash involved. Either way, delicate diplomatic 36 The Robert case, which will be the subject of a separate article, is covered in two substantial Foreign Office files: PRO FO/72/1488 and PRO FO/72/1489; for Layard’s unpublished personal recollections, BL Add.Ms. 38933, Layard Papers, Volume III: “The Story of My Mission to Spain” Venice, 1883, pp. 278-9 ff. © Departments of History & Government, The University of Queensland & Blackwell Publishers 2000. 346 Martin Blinkhorn questions were prone to arise concerning ultimate liability for payment or compensation. Thirdly, by their very nature, kidnapping cases took time to reach their climax and resolution: time that could see tempers fraying, confused signals flying around, and the press of both the countries concerned stirring the flames of patriotic indignation and sensitivity. Finally, the fundamental priorities of the British government and the host government were often different. In any kidnapping case, the British government’s main concern was specific to that case. It naturally desired the safety and eventual freedom of its own nationals, even if in the short term this meant foreign criminals evading the law and enriching themselves; the physical suppression of brigandage, while considered vital, must be interrupted as long as an English life was in peril. Just as naturally the instinctive priority of the host government was the pursuit, apprehension and punishment of the criminals, even at some risk to their victims’ lives. Cleaving to a principle which a century later would become generally accepted (if still not always observed and ultimately contradicted by the introduction of abduction insurance), southern European governments officially forbade the payment and even the negotiation of ransoms on the grounds that such dealings kept brigandage alive. In reality, the respective positions were seldom assumed quite so starkly. Both sides wanted to have their cake and eat it, that is, the captives’ freedom and the punishment of the criminals, and each was bound to recognise the force of the other’s argument. Fortunately not only for British and other foreign kidnap victims but also for the much greater number of local hostages, the much trumpeted principle of “no ransoms” in particular was more honoured in the breach than the observance. The different emphases were nevertheless always present just below the surface, and in individual cases could cause serious difficulties. Dealing with “Dastardly Outrages” What, then, actually happened at official level when British subjects, either going about legitimate business or innocently taking recreation, found themselves seized by wild-looking, sometimes exotically-clad armed men and (as the diplomatic correspondence almost always has it) “carried off into the mountains” pending their captors’ receipt of a large ransom in gold? Up to a point, the pattern was very consistent. This being the age of the electric telegraph, a message, reporting capture and uncertainty as to the current whereabouts of brigands and victim(s) would be dispatched from the local consulate to the British embassy or legation in the national capital, and forwarded thence to the Foreign Office; the foreign secretary of the day would immediately respond by instructing the British ambassador (or equivalent) to urge strenuous action on the Spanish (or Italian, Greek or Ottoman) authorities, yet stressing negotiation rather than armed pursuit. This last point, while certainly articulated during the Moens and Coore kidnappings in 1865, was far more sharply defined following the “Marathon murders”. Whatever other issues were involved in this complex, tragic and still murky affair, one thing that was clear was that the four victims might not have perished had the Greek army not moved in on the Arvanitaki band of brigands and © Departments of History & Government, The University of Queensland & Blackwell Publishers 2000. Liability, Responsibility and Blame 347 caused them to panic.37 Thereafter, every British response to a kidnapping was the same: there should be no armed pursuit of the brigands until the captives were free. One man who agreed, and on several occasions wrote to The Times saying so, was William Moens, who insisted that his life had been several times imperilled by the close pursuit of the Italian army during the three months of his captivity in the spring and summer of 1865.38 What then followed, once contact with the brigands was established, was an elaborate and sometimes protracted process of negotiation. In Spain and Italy, British consuls and vice-consuls conscientiously kept themselves, and their superiors in London, informed on the progress of the case, and in Spain at least both they and London generally avoided anything that might look like direct interference. During the Bonell kidnapping in 1870, that of Arthur Haselden four years later, and the lesser case of Robert Rankin in between, diplomatic propriety between Britain and Spain was almost wholly maintained, in the first of these cases despite — or perhaps because of — the issues it raised concerning the SpainGibraltar border.39 Standing aside and leaving things to the locals, even when official policy, could nevertheless sometimes be difficult. During William Moens’s long captivity in 1865, impatient British officials in Italy and an equally impatient Foreign Office pushed the Italian government, and in particular prime minister La Marmara, to the limit, in relation both to Italian troop movements and to the dispatch of a Royal Navy gunboat to carry Moens’s captors to refuge abroad. With La Marmara’s unofficial, but decidedly grumpy, agreement the ship duly arrived from Malta, only for the brigands to reject the deal. The British consul-general at Naples, Walter Bonham, went so far in his direct dealings with the brigands as to upset not only the Italian government but also his own superiors and political masters. In relation to the Ottoman authorities in 1880 and 1881, a perceptibly different tone prevailed. The British ambassador to Constantinople, and to a lesser degree the Consul-General at Salonica, possessed direct access to, and influence upon, the Ottoman authorities that went well beyond anything possible for their counterparts in Spain or Italy. In the Synge and Suter cases, successive ambassadors, Layard (transferred from Madrid in 1877) and Goschen, and more particularly ConsulGeneral Blunt in Salonica used all the influence at their command to force the reluctant Ottoman authorities to hold back the troops. On both occasions Blunt helped to set up and participated directly in negotiations with the brigands, as well as organising the ransom money via the Salonica branch of the Ottoman bank and its movement on board a specially summoned Royal Navy gunboat.40 In doing so 37 Jenkins, The Dilessi Murders, pp. 64-74. The Times, 28 April 1870, 4 May 1870, 11 July 1874. 39 For Anglo-Spanish dealings during the Bonell affair, see PRO FO/72/1262 and PRO FO/72/1263. Layard summed up the propriety of these dealings, with particularly warm words for the Spanish government, in BL Add.Ms.39121, Layard Papers, volume CXCI, Layard to Clarendon, 8 June 1870 and 9 June 1870. 40 PRO FO/881/4222. Correspondence respecting the Capture of Colonel Synge by Brigands in the District of Caraferia, Macedonia. 1880; PRO FO/881/4454. Correspondence respecting the Capture of Mr. H. Suter by Brigands at Isvor in Turkey. 1881. 38 © Departments of History & Government, The University of Queensland & Blackwell Publishers 2000. 348 Martin Blinkhorn he attracted only praise from his superiors for conduct which, sixteen years earlier in Italy, had earned Bonham critical words. And while in 1870 one Gladstone administration had praised the Spanish authorities for their part in the happy outcome of the Bonell affair and local British consuls for their discretion,41 in 1881 another attributed most of the success for Suter’s release to the efforts of Consul Blunt while blaming the “the Turk” for the episode’s having occurred at all.42 The 1870 “Marathon murders” occurred in the one European country where Britain actually had some (though not especially well-defined) officially recognised interest in its domestic condition; some, indeed, would say that this was why an episode that had looked as though it was heading towards a peaceful but expensive conclusion ended in quadruple murder. Although the responsibility of the British Minister at Athens, Erskine, continues to be debated, there seems little doubt that his direct intervention in ransom negotiations helped muddy the waters, and that he appeared to give his, and thereby his government’s, blessing to a military manoeuvre that was to lead to the four murders near the village of Dilessi.43 While the preferred approach of the Gladstone government may not have been quite in line with Erskine’s, the former also contributed to the tragedy. Its willingness to see the brigands receive not only the massive ransom of £25,000 but also a pardon, and then be transported by the Royal Navy to the safety of nonGreek soil (in this case, probably the Ottoman north of what is Greece today, from which they could without much difficulty have sneaked back into Greece), led it to press the Greek government and the country’s young, Danish-born king, George I, to break their own laws and their own constitution, introduced only recently with Britain’s blessing. Although the tragedy had other, more home-grown ingredients as well, it is difficult to conclude that direct British interference, with its conflicting signals and legally dubious proposals, did not make a major contribution to the episode’s gory and tragic outcome. Little wonder that just one month later Layard, Britain’s Minister at Madrid, learning of the Bonells’ disappearance, having uttered the ritualistic expressions of horror, demands for action, and requests for caution in the use of military or police pursuit, unhesitatingly decided to leave things to the locals. In all these cases save that of “Marathon”, ransoms were actually handed over and the hostages duly released. Although the Greek “outrage” demonstrated how wrong things could go, and while most negotiations went through difficult phases that raised genuine and justified fears of tragedy, it was difficult to envisage any other way of achieving the victims’ freedom. Even Italian governments, for all their indignation over “illegal” actions that they considered amounted to “aiding and abetting” the original crime, had little real choice, in the Moens and Rose cases, but to let negotiations take place and ransoms be paid. As indicated earlier, however, two linked questions still invariably arose: who was ultimately liable for payment of a ransom and, more urgently, who — for the 41 BL Add.Ms. 38954. Layard Papers, volume XXIV, f.75. Edmund Hammond (permanent undersecretary at the Foreign Office) to Layard, 20 June 1870. 42 PRO FO/881/4454, no.49, Granville to Blunt, 15 June 1881. 43 Jenkins, Dilessi Murders, pp. 35-44. © Departments of History & Government, The University of Queensland & Blackwell Publishers 2000. Liability, Responsibility and Blame 349 answer might be a different one — would actually, physically, produce the cash that would achieve the captive’s release? Paying the Ransom and Bearing the Cost At bottom, the answer to the first of the above questions was straightforward: in almost all circumstances liability rested with the captives. In the criminal codes of southern Europe, and with no significant national variations, kidnapping was a discrete crime related to, and combining elements of, others such as blackmail, extortion, armed robbery, and illegal imprisonment. While in some instances it also involved the separate crimes of physical assault and criminal wounding, only when, as with “Marathon”, it went badly (and “unnecessarily”) wrong was it transformed into the very different crime of murder. When British subjects abroad fell victim to (for example) theft, highway robbery, domestic burglary, physical assault, or even “conventional” murder, no one (other than, admittedly, often they and their families) would seriously have suggested that the host government was directly liable for restitution or compensation. Why kidnapping for ransom should be any different was anything but self-evident. British statesmen and officials, moreover, if not always the press and public, tended to be uncomfortably aware that Britain’s record on law and order was not always such as to entitle Britons to preach to others. Layard, Minister at Madrid at the time of the Bonell affair (and later Ambassador to Constantinople during the Synge kidnapping),44 became acutely conscious during his stay in Spain that Britain’s tolerance towards Gibraltar’s role as a smuggling entrepôt seriously undermined its criticism of Spain’s brigand problem.45 Closer to home, and whatever their views and pronouncements on southern Europe, reasonable Englishmen had to admit that not all was orderly in either English cities on the Irish countryside. The periodically disturbed state of Ireland in particularly helped to restrain British official indignation concerning Mediterranean and Balkan kidnapping. If nothing else, Irish “disorder” created a basis for comparative reflection. As Lord Granville, pondering the Suter case in correspondence with Gladstone in 1881, equitably reflected: Could we make the Italians pay for the murder of, or a ransom extorted from an Englishman travelling or residing at Palermo, or would we pay for a French farmer in Galway, whose ears were cut off?46 If the second of these questions was the one that mattered, the first was neither wholly rhetorical nor hypothetical, for Granville’s Conservative predecessors had uttered no suggestion of Italian liability in 1876 when John Forester Rose had been 44 Nor was the Bonell affair Layard’s first brush with brigands and kidnapping. As parliamentary under-secretary for foreign affairs in 1865 he had handled much of the “London end” of the Moens and Coore kidnappings. Much earlier, as the adventurous young man who discovered Nineveh, he had had more than one encounter with middle-eastern brigands. See Waterfield, Layard of Nineveh, pp. 55-80. 45 Layard’s correspondence contains numerous illustrations of his preoccupation: for example BL Add.Ms. 39121. Layard Papers, volume CXCI, Layard to Hammond, 2 July 1870. 46 BL Add.Ms. 44173, Gladstone papers, volume LXXXVIII, f.73, Granville to Gladstone, 23 April 1881. © Departments of History & Government, The University of Queensland & Blackwell Publishers 2000. 350 Martin Blinkhorn seized by the Sicilian bandit Leone not far from Palermo. While Granville, it will be noted, was content to regard extortion by ransom as a crime like any other for purposes of responsibility and liability, others considered kidnapping, at least when its origins lay in a particularly high level of brigand activity, to stand apart. Whether it did or not, and notwithstanding the qualifications just discussed, the temptation to try and hold foreign nations liable for the cost of ransom payments was often too great to resist. I shall return to these questions later. Debating questions of liability was in any case all very well, but actually raising ransom money in the time available could be quite literally a matter of life or death. How much time was available was sometimes unstated and unclear, sometimes the subject of brigands’ menace-backed deadlines, but always a matter for worry. Prisoners, or more precisely those working to free them, were expected to produce large sums of money, usually in gold (brigands were very particular about this), to which even if quite wealthy they might not have immediate access. Fortunately, despite their frequent (and by no means empty) threats of severed ears, noses and heads and cut throats,47 brigands were actually capable of exhibiting considerable patience while the money-raising process took its course — understandably when a large crock of gold lay at the end of the rainbow. In the majority of cases, therefore, while captives often endured considerable suffering as they were dragged across miles of inhospitable country, immured in caves, exposed to harsh weather, fed on diets both meagre and rebarbative, and all the time threatened with mutilation and death, ransoms were raised, and the ultimate tragedy averted, through the efforts of (variously) the captives’ families, friends, banks and business colleagues. For some the challenge, both financial and logistical, proved relatively easy to overcome. The wealthier members of the Marathon party, through the agency of the freed Lord Muncaster, had no difficulty raising the enormous ransom of £25,000 which, in the event, was never handed over. The freeing of first Moens and then Coore in 1865 had also been relatively easy from a strictly financial point of view; Moens’s brother-in-law travelled to Naples to arrange the ransom (£5,100) through a local, British-owned financial house,48 while the money for Coore’s ransom (£3,000) was collected from the British business community of nearby Patras,49 later to be repaid by his family. Spanish friends of Arthur 47 The use of severed ears as “messages” was no myth, as other victims of the kidnappers of both Moens and the Bonells discovered: ASSal. Trib. B52, ff.729, 742; B55, F775. F. Hernández Girbal, Bandidos célebres españoles (en la Historia y en la Leyenda), Segunda y Última Serie (Madrid: Ediciones Lira, 1977), pp. 23-88. In 1905 the Englishman Philip Wills suffered this fate himself. PRO 294/33, V.C.296, no. 50, Consul Young (Monastir) to Constantinople Embassy, 5 October 1905, no. 50, ff. 101-3; the file also contains a medical certificate confirming the mutilation. According to Wills, the ear was later “satisfactorily” sewn back. Wills, A Captive of the Bulgarian Brigands, pp. 20-23. 48 The Times, 6 September 1865. 49 Ibid., 20 and 25 December 1865. © Departments of History & Government, The University of Queensland & Blackwell Publishers 2000. Liability, Responsibility and Blame 351 Haselden raised his ransom (£6,000),50 while that for John Forester Rose (£1,600) was collected by his family and their Sicily-based British business partners.51 Other cases, however, proved more complicated. The two Bonells, for example, while certainly comfortably off, would (or so they successfully insisted) have had to sell or mortgage property in order to raise over £5,500.52 Colonel Synge not only, as we have seen, was suffering a painful salary deficit but also possessed little in the way of liquid or liquifiable assets. His farm, purchased through the sale of his British army commission, was all but worthless given the disturbed state of the local countryside, and any idea that he could raise over £10,000 was plainly absurd.53 Harry Suter, a mere employee faced with a ransom demand for over £13,000, seems to have been if anything in an even worse position. It was in cases such as these that the question inevitably arose of what was the responsibility — if not necessarily liability — of the two governments involved. When in May 1870 the two Bonells fell into the hands of “Don Antonio” and his gang, there occurred two unusual reactions, both conceivably due to the highly excited international atmosphere following the “Marathon” murders only a month earlier. The chronology here is not absolutely clear, but it would seem, first, that the Spanish government, unprecedentedly, promised its British counterpart that it would indemnify the Bonells or whomsoever paid out the ransom to free them;54 second, the elder Bonell having been freed to obtain the ransom for his nephew, that the Governor of Gibraltar, Sir Richard Airey, on his own responsibility advanced the money from the Colonial Chest of the fortress and arranged its carriage to Cádiz, where it was to be handed over to the brigands, under armed protection in a naval gunboat.55 Although it proved a long and tortuous business, the Spanish government — or to be more accurate a later Spanish government under an entirely different regime, that of the shortlived First Republic in 1873 — eventually made good the original undertaking; this after much British nagging and 50 PRO FO/72/1387, Memorandum respecting capture by brigands of Mr Haselden, near Linares in Spain. 51 PRO FO/45/297, Consul Dennis (Palermo) to Foreign Office, 24 November 1876; Gazzetta di Palermo, 27 November 1876; The Times, 27 November 1876; Nicolò Sangiorgio, Lercara Friddi. Itinerari storici e tradizionali (Roccapalumba, Palermo: Società di storia Patria “F. Rusolino Fazio”, 1991), pp. 214-15. 52 “Minutes of the Proceedings of the Commissioners appointed to inquire into the Seizure, Detention and Ransom of John Bonell and John Antonio Bonell”, PRO FO 72/1263, ff, pp. 304-342, especially pp. 309-10. 53 On the question of Synge’s means, see BL Add.Ms. 39155. Layard Papers, vol. CCXXV, f34, Blunt to Layard, 21 February 1880; PRO T/1/12817/13477, Lingen, minute of 23 July 1880; /15363, Pauncefoote to Treasury, 24 August 1880; 15862, Pauncefoote to Treasury, 3 September 1880; /15862, Statement of Service of Captain Henry Synge, late 52 Foot; and /18687, Synge to Granville, 7 October 1880. 54 BL Add.Ms.39121. Layard Papers, volume CXCI, Layard to Clarendon, 24 May 1870. Ten years later, recalling this episode in his correspondence with Lord Salisbury regarding the Synge case, Layard claimed — falsely — to have “compelled” the Spanish government to take this step. BL Add.Ms. 39132. Layard Papers, volume CCII, ff.87-8, Layard to Salisbury, 10 March 1880. 55 “Report of the Commissioners appointed to inquire into the Seizure, Detention and Ransom of John Bonell and John Antonio Bonell” (Gibraltar, 3 September 1870), PRO FO 72/1263, ff. 294-302; El Porvenir (Seville), 19 June 1870. © Departments of History & Government, The University of Queensland & Blackwell Publishers 2000. 352 Martin Blinkhorn persistent refusals on the Bonells’ part to bear any of the cost.56 When Arthur Haselden was snatched by the brigand Paulino in July 1874, the (still, though not for much longer, republican) Spanish government agreed to advance the ransom money in order to expedite the victim’s release, but this time was careful to state that questions of actual liability would have to be settled afterwards.57 Since Haselden’s Spanish friends were able to raise the cash, however, the issue never needed to be tested or further discussed. Whether the transfer of Layard to Constantinople in 1877 had anything to do with it remains unclear, but when Colonel Synge was seized by the brigand Niko in 1880 the Ottoman government made an undertaking broadly similar to that of Spain a decade earlier: that is, not to pay his enormous ransom but to repay it to whomsoever did.58 Whereas the Spanish government in 1870 had taken its step on its own initiative, however, here the Porte accepted liability under British pressure. In any event, the expectation (though it can hardly have been confident) of Turkish repayment enabled Disraeli’s government to authorise the Salonica consulate to arrange a loan of “up to £15,000” with the Ottoman bank.59 Layard had made no progress with recovering the money when Disraeli was replaced by Gladstone, and he by Goschen, later in the year. When Harry Suter was kidnapped by a confederation of ethnic Greek brigand bands in March 1881 a broadly similar sequence of events occurred, with one important difference. This time the Porte accepted no liability; Synge had after all been an Ottoman state employee while Suter was a private citizen pursuing his own profit.60 The Synge and Suter kidnappings brought to the surface, and then to a climax, issues of responsibility and liability that had been present, in a variety of forms, throughout the series of kidnappings which, in southern Europe, had begun in 1865. One thing all ministers, both Conservative and Liberal, and all civil servants, in both Foreign Office and Treasury, agreed upon was that kidnappings and the ransoms they involved ought to inflict no lasting (and ideally no short-term) cost upon the British Exchequer and taxpayer. Beyond that easily accepted principle, things became more complicated, the central issue being whether any liability fell upon the host government, unless for whatever reason it chose, like the Spanish provisional government in 1870 or the Ottoman government in 1880, to volunteer. When it came to observing and dealing with kidnapping cases from Whitehall, no one accumulated more experience than Lord Granville. As colonial secretary in Gladstone’s 1868-74 administration, Granville was a cabinet member at the time 56 PRO FO/72/1338, f.109, Layard to Foreign Office, 19 March 1873; PRO FO/72/1338, ff. 374-6, Layard to Granville, 14 April 1873; Gibraltar Government Archive, Despatches from Gibraltar, 18711874, ff. 282-3, no.41, Governor Williams to Lord Kimberley, Colonial Secretary, 25 March 1873; f.295, no.54, Williams to Kimberley, 15 April 1873. 57 PRO FO/72/1387, Lord Tenterden (permanent under-secretary at the Foreign Office) to William J. Webb, 12 July 1874. Webb was the Haseldens’ London solicitor. 58 BL Add.Ms. 39132. Layard Papers, volume CCII, ff 87-88, Layard to Salisbury, 10 March 1880. Layard was quite explicit that he had “made” the Ottoman authorities accept liability. 59 PRO T/12817/3902, Lingen to Foreign Office, 26 February 1880;PRO T/12817/6700, Pauncefoote (Foreign Office) to Treasury, 31 March 1880. 60 PRO FO/78/3613, Granville to Treasury, 23 August 1881 and (attached) response of Law Officers, 21 September 1881; Lord Dufferin to Assim Pasha, no. 188, 10 October 1881. © Departments of History & Government, The University of Queensland & Blackwell Publishers 2000. Liability, Responsibility and Blame 353 of “Marathon”; bearing responsibility for Gibraltar, he was then closely involved throughout the Bonell kidnapping and, as Lord Clarendon’s successor at the Foreign Office from July 1870, that episode’s financial and diplomatic aftershocks. A decade later, in April 1880, Granville resumed the foreign secretaryship, in Gladstone’s second administration, shortly following Synge’s release; within a year, and while still grappling with that case’s financial repercussion, he found himself confronted with the seizure and captivity of Harry Suter. Granville, as we have seen, subscribed to the straightforward position adopted in the 1860s by Lord John Russell and maintained by his own immediate predecessor at the Foreign Office, Clarendon: since the British government would not wish to be held responsible for crimes committed against foreigners in Seven Dials, Limehouse or rural Connaught, it should not expect foreign governments to indemnify British victims of crime within their own territories — unless, perhaps, like Colonel Synge, they were its own employees. A divergent view, which surfaced occasionally in Foreign Office correspondence and in less sophisticated form dominated Conservative circles and much of the press, held that brigand “outrages” were different from other crimes and cast a heavier burden of both responsibility and liability upon those governments which “permitted” them to happen. While no society and no nation, this argument ran, could be expected to be crime-free, brigandage went well beyond the kind of “normal” crime against which foreign visitors and residents could be expected to be on guard and to take reasonable precautions. Rather, the existence of brigandage was proof of a state’s inability to maintain that basic level of law and order which would enable it to guarantee the safety of reasonablybehaving foreigners within its borders. Gladstone himself, while far from believing that governments grappling with brigandage could or should always be held liable for brigands’ crimes against foreigners, certainly was not immune to such thoughts in particular cases — and especially where “the Turk” was involved. As he wrote to Granville in April 1881 during Suter’s captivity, “There is a certain standard of order which governments are expected to, and if civilised able to maintain”. If “casualties” happening under governments of this kind could not be held to “enter into the case”, it was a different matter where, as in the Ottoman Balkans, there reigned the worst kinds of “organised disorder”.61 At the time of “Marathon”, the philhellene Gladstone, while setting his face firmly against the military intervention in Greece for which Conservatives and much of the press clamoured, had nevertheless held the Greek state liable, not admittedly for a ransom that of course was never paid, but for indemnifying the modestly-situated Mrs Edward Lloyd for the death of her husband. Although Gladstone himself had had misgivings, not least about the amount involved, Lord Granville had kept up the pressure and in the end £10,000 61 BL Add.Ms. 44544. Gladstone Papers, volume CCCCLIX, f. 163, Gladstone to Granville, 28 April 1881. © Departments of History & Government, The University of Queensland & Blackwell Publishers 2000. 354 Martin Blinkhorn in compensation had been voted by the Greek parliament.62 Now in 1881 Gladstone invoked the precedent of Mrs Lloyd to insist, contrary to the view of Granville and the Treasury’s law officers, that Turkey was “a fortiori” liable for reimbursing the British government not only the Synge ransom, to which the Porte was committed but about which it was stubbornly stalling, but also that of Suter, regarding which it accepted no obligation at all.63 If there was no other way of extracting the two sums from Turkey, Gladstone favoured recovering them by means of an ingenious (if not unchallengeably legal) deduction from Britain’s annual payment in respect of Cyprus. Despite the misgivings of Granville and the law officers, after considerable delay, and in the face of indignant protests from the Porte, Gladstone had his way and the measure went ahead.64 Private payers of ransoms were less fortunate than either (financially at least) Mrs Lloyd or the British Exchequer. When collecting ransom sums together, captives (or more properly their families, friends and colleagues) commonly hoped, and stated that they hoped, for recompense at the hands of one or other government, the British or the foreign. In this they were whistling in the dark. Particularly once money had been handed over and the captive(s) freed, no British government was ever likely to accept liability for the financial consequences of a crime committed abroad. Nor, where the ransom had been paid by private individuals and no prior commitment to indemnify had been made, was a foreign government likely to be any more sympathetic than it would have been had the petitioners been its own subjects. Only where, as in the Bonell, Synge and Suter cases, government confronted government were matters, as we have seen, somewhat different. The Granville Doctrine During the course of the Synge and Suter affairs in 1880-81, and spanning the intervening change from Derby’s Conservative government to Gladstone’s Liberal administration, officials in both the Treasury and the Foreign Office had been moving towards urging the adoption of a clear and firm position on Britain’s attitude to hostage-taking and in particular the payment of ransoms.65 Gladstone’s return to office reinforced official convictions that some such step was necessary. Whatever their differences as to the rights, wrongs and practicalities of making other governments pay, Granville, the Treasury and Gladstone himself all agreed 62 Lloyd was a lawyer of relatively modest means employed by the Athens-Piraeus Railway company. Mrs Lloyd also received ex gratia payments totalling £3,000 from King George I of Greece and London’s Greek community. Jenkins, Dilessi Murders, pp. 148-50. 63 BL Add.Ms. 44544. Gladstone Papers, volume CCCCLIX, f.162, Gladstone to Granville, 24 April 1881. 64 BL Add.Ms. 44544. Gladstone Papers, volume CCCCLIX, f.163, Gladstone to Granville, 28 April 1881. The origins of the idea are uncertain, but may lie during the Synge case with Layard. BL Add.Ms. 39132. Layard Papers, volume CCII, ff. 87-8, Layard to Salisbury (personal and private), 10 March 1880; PRO FO/78/3613, no. 681, Dufferin to Granville, 14 December1883. 65 PRO T/1/12817/3902, Sir Ralph Lingen (permanent under-secretary at the Treasury) to Foreign Office, 26 February 1880; PRO FO/78/3613, Dufferin (Constantinople) circular to Consuls throughout the Ottoman Empire, no. 508, 24 June 1881. PRO FO/78/3613, draft to Treasury, 5 July 1881. © Departments of History & Government, The University of Queensland & Blackwell Publishers 2000. Liability, Responsibility and Blame 355 that, in Granville’s words, “the Taxpayer ought not to be perpetually paying ransoms for people who choose to reside in notoriously unsafe countries”. Granville’s proposal for “a strong minute of the Treasury as to the future, circulated by the F.O. and presented to Parliament” was greeted by the Prime Minister with brusque scepticism. “I attach”, Gladstone sniffed, “no value to Treasury minutes with protestations for the future, or to Foreign Office expostulations …”. Since nevertheless there was little reason not to proceed with Granville’s suggestion, which had the enthusiastic support of senior Treasury and Foreign Office officials. Granville’s first step was the circular letter referred to early in this paper, requesting data on kidnappings between 1860 and 1881. Armed with the information thereby elicited, the foreign secretary then sent to embassies and consulates in Spain, Italy, Greece, the Ottoman empire, Serbia and Romania an instruction on the subject of ransoms, the wording of which had been employed several times during preceding months in communications between the Foreign Office and the Treasury. It stated that in future: where British subjects are captured by brigands, when in no public character, but in pursuit of their own pleasure or business, no advance whatever for the purpose of ransom should, under any circumstances, be made from the British Exchequer.66 Underlying this now official position was the conviction that, had it been established sooner, supposedly incautious Englishmen like Henry Synge and Harry Suter might never have exposed themselves to the risk of capture. Whether or not this conviction (scarcely, in its deterrent intent, in the best spirit of Empire) was well founded, both men (and perhaps also the Bonells), if aware of the new official line, must have wondered whether, if it had been in place earlier, they would have lived to tell their tales of captivity. The publication of Granville’s policy statement on ransom payment was followed by an immediate and prolonged interruption in international kidnappings involving British nationals.67 Since few Mediterranean brigands read The Times or Hansard, this must be regarded either as reflecting success for the policy itself, in persuading Britons abroad to behave more prudently, or, more probably, as linked with what was now a steep and steady decline in Spanish, Italian and Greek brigandage. Either way, because of this interruption a crucial question remained for the present unanswered and indeed untested: namely, whether in future kidnapping cases — for sooner or later, of course, others were sure to occur — British governments would find it possible to stick to the “Granville doctrine” on ransoms. In the event, when kidnappings returned to the headlines in the early twentieth century, once again in the Macedonian provinces of the Ottoman empire but also in Morocco, the principles and policies developed in the two decades before 1881 66 The Times, 26 July 1881. The only significant near-exception was the kidnapping by Albanian brigands in 1884 of Gjerasim Qiriazi, a Greek-Albanian protestant employed by the British and Foreign Bible Society. Since missionary work was not official business, and since Qiriazi was not in an case a British subject, the British authorities took no interest in him. For a personal account of his experiences, see Gjerasim Qiriazi, Captured by Brigands (Wrexham: Albanian Evangelical Trust, n.d.). 67 © Departments of History & Government, The University of Queensland & Blackwell Publishers 2000. 356 Martin Blinkhorn were, in all but one case, strictly observed.68 The significance of the one exception, which arose in 1907, lies in its exposure of the Granville doctrine’s fragility when a British life was clearly in danger and no immediate alternative was available to the government’s stepping in with financial help. In March 1907 Robert Abbott, a young member of a prominent British expatriate family of Salonica, was seized in his own garden, abducted, and held hostage by what later turned out to be a mixed Greek and Albanian band formed, it appears, for the express purpose of carrying out the crime.69 Most of the case’s details need not concern us here; what does is the decision of Campbell-Bannerman’s Liberal government, in full and openlyadmitted knowledge of the policy enunciated in 1881,70 to repeat the actions taken a quarter of a century earlier, in the Synge and Suter cases, by those respectively of Disraeli and Gladstone: namely, advancing the ransom through the bank account of the Salonica consulate-general, in the hope of eventual repayment by either the Abbott family or the Ottoman authorities. The reason for this flouting of the Granville doctrine was simple enough: the certainty of the British consul-general at Salonica that the young man would die if payment were forced to await either his father’s mortgaging of his urban property (which, ironically, included the British consulate building itself) or the Porte’s agreement to pay. 71 It was nevertheless fortunate for Abbott, perhaps, that he was so obviously a respectable British subject. The views on his release of the decidedly more raffish Philip Wills, kidnapped in another region of Macedonia two years earlier, and whose left ear had been sliced off by his captors while he waited in vain for the British government to intervene, do not appear to have been recorded.72 68 The main cases concerned, in addition to the exception about to be discussed, were the kidnappings in Morocco, by the super-brigand Raisuli, of Walter Harris, correspondent of The Times (1903), Cromwell Oliver Varley, stepson of the also kidnapped American, Ion Perdicaris (1904); and Sir Harry “Caid” Maclean, military adviser to the Sultan of Morocco (1907-8); and in Macedonia, that of Philip Wills (1905). These, and all the cases mentioned here, will be discussed in the book, Kidnapped!, on which I am currently working. 69 The kidnapping of Robert Abbott and the trial of (some of) his captors are covered in PRO FO/421/232 and PRO FO/195/2263, /2264 & /2265; see in particular the following consular reports: PRO FO/195/2264, ff.305-7, Consul Graves (Salonica) to Ambassador O’Conor (Constantinople), 25 March 1907; ibid., ff.411-16, Graves to O’Conor, 30 April 1907; ibid., ff.649-59, Graves to O’Conor, 10 December 1907. See also Sir Edward Grey’s statement to the House of Commons as reported in Hansard, 2 May 1907, and reports in the Daily News (London), 23 and 26 March, 30 April 1907. 70 PRO FO/195/2263, f.304 [80 Sal.], O’Conor, minute accompanying copy (sent to Foreign Office 3 April 1907) of Graves to O’Conor, 25 March 1907. 71 PRO FO/195/2265, 52 Sal., O’Conor to Graves, 19 April 1907. 72 See above footnote 47. © Departments of History & Government, The University of Queensland & Blackwell Publishers 2000.
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