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PALGRAVE STUDIES IN EUROPEAN UNION POLITICS

Series

THE WEST AND THE GLOBAL POWER SHIFT

Transatlantic Relations and Global Governance

Editors: Michelle Egan, Neill Nugent and William E. Paterson

Palgrave Studies in European Union Politics

Series Editors

Michelle Egan

Associate Professor and Jean Monnet Chair of European Integration

School of International Service

American University

Washington DC, USA

Neill Nugent

Emeritus Professor of Politics

Manchester Metropolitan University, UK

William E.Paterson

Honorary Professor for German and European Politics

Aston University, UK

Following on the sustained success of the acclaimed European Union Series, which essentially publishes research-based textbooks, Palgrave Studies in European Union Politics publishes cutting edge research-driven monographs. The remit of the series is broadly defined, both in terms of subject and academic discipline. All topics of significance concerning the nature and operation of the European Union potentially fall within the scope of the series. The series is multidisciplinary to reflect the growing importance of the EU as a political, economic and social phenomenon.

More information about this series at http://www.springer.com/series/14629

The West and the Global Power Shift

Transatlantic Relations and Global Governance

Istituto Affari Internazionali (IAI)

Rome, Italy

John Peterson

University of Edinburgh

United Kingdom

Istituto Affari Internazionali (IAI)

Rome, Italy

Palgrave Studies in European Union Politics

ISBN 978-1-137-57485-5

DOI 10.1057/978-1-137-57486-2

ISBN 978-1-137-57486-2 (eBook)

Library of Congress Control Number: 2016940967

© The Editor(s) (if applicable) and The Author(s) 2016

The author(s) has/have asserted their right(s) to be identified as the author(s) of this work in accordance with the Copyright, Designs and Patents Act 1988. This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed.

The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made.

Cover Illustrations: © rommma / Alamy Stock

Printed on acid-free paper

This Palgrave Macmillan imprint is published by Springer Nature The registered company is Macmillan Publishers Ltd. London

In an era of global flux, emerging powers and growing interconnectedness, transatlantic relations appear to have lost their bearings. As the international system fragments into different constellations of power across different policy domains, the USA and the European Union (EU) can no longer claim exclusive leadership in global governance. Not only the ability, but also the willingness of the USA and the EU to exercise leadership together can no longer be taken for granted. Political, economic and social elites on both shores of the Atlantic express different views as to whether the USA and the EU should bind together, freelance or seek alternative partnerships in a confusing multipolar world.

In this global context, traditional paradigms employed to understand the transatlantic relationship are exposed as wanting. The relationship is no longer determined by the imperative to contain a military and ideological threat of the magnitude of the Soviet Union. Nor is the transatlantic relationship any longer able to present itself as in the vanguard of history, as it often did in the 1990s, when Western liberal democracy appeared the ultimate destiny towards which the world was headed. Common strategic and normative interests still exist, but are of a looser nature than they used to be. The future of transatlantic relations remains very much an open question.

In 2012, the EU awarded a consortium of 13 research and university centres from Europe, the USA and Turkey a generous grant to investigate the direction of transatlantic relations and their role in shaping governance architectures both globally and regionally. Under the leadership of the Rome-based Istituto Affari Internazionali (IAI), the consortium launched

the Transworld project (www.transworld-fp7.eu). This book represents the culmination of research activities carried out by the consortium. It collects together revised and updated versions of some of the best-quality pieces of analysis produced by the Transworld research team, along with contributions from two leading US-based experts: Daniel S. Hamilton of Johns Hopkins University and Jolyon Howorth of Yale University.

This volume has two primary aims. The first is to assess the state and the future direction of transatlantic relations. The second is to explore the limits and potential of transatlantic leadership in creating effective governance structures.

The volume proceeds in three steps. The first involves resorting to theory and history to understand the transatlantic relationship. After John Peterson’s introductory chapter, three chapters conceptualize the transatlantic relationship as a distinct form of security community (Thomas Risse), consider the claims of competing international relations theories about transatlantic relations (Peterson, Riccardo Alcaro and Nathalie Tocci) and link past and present in an historical overview (Maria Green Cowles and Michelle Egan).

The second step is to look at the factors that might set the relationship between the USA and Europe on a different path. Chapters 5 and 6 focus on internal or domestic drivers of change, with an emphasis on the implications for transatlantic relations of European integration (Peterson) and the evolution of US foreign policy thinking (Hamilton). Delving into the systemic dimension, Chap 7 (Howorth) analyses how the USA and the EU have approached the emerging powers (old and new), notably Brazil, Russia, India and China (that is, the BRIC group).

The third step is to locate the transatlantic relationship in the context of the global power shift. Here, the focus is on the nature of transatlantic leadership—actual, potential or declining. One clear finding (illustrated in the first part of the book) is that the world of the twenty-first century displays different power configurations in different policy domains. This changing structure of power complicates the exercise of leadership. Leadership requires not only greater power and authority, but also persuasion, bargaining and moral suasion, all necessary strategies to build coalitions. Soft power, for lack of a better term, is needed to exert pressure and promote pragmatic engagement, and especially to manage conflicts between great powers. More importantly, leadership entails the capacity to put forward solutions to transnational problems and ensure governance of global and regional issues. The third part of the book considers how

the USA and Europe can supply leadership in the policy fields of political economy (Chad Damro), security (Alcaro), human rights (Tocci) and the environment (Christine Bakker and Francesco Francioni).

The book ends with Alcaro and Ettore Greco shedding light on the gap between resilience—a distinctive feature of the transatlantic relationship throughout its history—and leadership—which the West has found increasingly difficult to deliver. The book thus comes full circle: it connects the state of transatlantic relations (Part I) to domestic and systemic undercurrents of change (Part II), and finally considers strategies for turning the transatlantic relationship into a proactive force for managing and even remodelling international relations (Part III).

We are grateful to Kate Ellis of IAI and Clara Eroukhmanoff at the University of Edinburgh for valued assistance in completing the book, and to Nathalie Tocci for her key role in getting it started. The team at Palgrave Macmillan—Ambra Finotella, Imogen Gordon Clark and Hannah Kaspar—were kind, patient and professional throughout. We are in debt to all of those (too many to name) who helped organize Transworld workshops at which contributions were presented and critiqued in Brussels, Edinburgh, Istanbul, Rome and Washington, DC. Finally, we thank the authors for being a joy to work with and for their collegial relations with each other. If there remains much that is unclear about the future of the transatlantic relationship, it is abundantly clear that none of us could have done this book on our own.

Riccardo Alcaro

John Peterson

Ettore Greco

Rome and Edinburgh

6 The Domestic Setting of American Approaches to Europe

Daniel S. Hamilton

7 Sustained Collective Action or Beggar My Neighbour? Europe, America and the Emerging Powers

Jolyon Howorth

8 Competitive Interdependence: Transatlantic Relations and Global Economic Governance

Chad Damro

9 The Paradoxes of the Liberal Order: Transatlantic Relations and Security Governance

Riccardo Alcaro

10 The Responsibility to Protect in Libya and Syria: Europe, the USA and Global Human Rights Governance

Nathalie Tocci

11 Past, Present and Future of Transatlantic Cooperation for Climate Governance

Christine Bakker and Francesco Francioni

12 Conclusions: Beyond Resilience. The Case for Transatlantic Leadership

Riccardo Alcaro and Ettore Greco

N OTES ON C ONTRIBUTORS

Riccardo Alcaro is a senior fellow in the Transatlantic Programme of the Istituto Affari Internazionali, Rome. He was coordinator of the Transworld project.

Christine Bakker is a former research fellow at the European University Institute, Florence, and is a research associate at the LUISS-Guido Carli University, Rome, and a visiting lecturer at the Law Faculty, University of Roma Tre.

Maria Green Cowles Maria Green Cowles is Vice President for Academic Affairs, Immaculata University, Immaculata, Pennsylvania (USA).

Chad Damro is Senior Lecturer of Politics and International Relations, University of Edinburgh, and Jean Monnet Chair and Head of Edinburgh’s Jean Monnet Centre of Excellence.

Michelle Egan is a Woodrow Wilson Scholar and Professor at the School of International Service of the American University, Washington, DC.

Francesco Francioni is Professor of International Law Emeritus at the European University Institute, Florence, and Professor at the LUISS-Guido Carli University, Rome.

Ettore Greco is Director of the Istituto Affari Internazionali, Rome.

Daniel S. Hamilton is Austrian Marshall Plan Foundation Professor and Founding Director of the Center for Transatlantic Relations at the Paul H. Nitze School of Advanced International Studies, Johns Hopkins University, Washington, DC.

Jolyon Howorth is Visiting Professor of Political Science and International Affairs at Yale University, New Haven, Connecticut (USA), and Jean Monnet Professor ad personam and Professor Emeritus of European Politics at the University of Bath.

John Peterson is Professor of International Politics at the University of Edinburgh.

Thomas Risse is Professor of International Politics at the Otto Suhr Institute of Political Science, Freie Universität Berlin.

Nathalie Tocci is the Deputy Director of the Istituto Affari Internazionali, Rome, and Special Advisor to the High Representative of the European Union for Foreign Affairs and Security Policy. She was coordinator of the Transworld project.

L IST OF A BBREVIATIONS

ABM Anti-Ballistic Missile (treaty)

ADIZ Air Defence Identification Zone

AIDS Acquired Immune Deficiency Syndrome

AIIB Asian Infrastructure Investment Bank

APEC Asia-Pacific Economic Cooperation (organization)

ASEAN Association of Southeast Asian Nations

AU African Union

BASIC Brazil, South Africa, India and China

BBC British Broadcasting Company

BND Bundesnachrichtendienst (Germany’s Federal Intelligence Service)

BRICs Brazil, Russian, India and China (sometimes including South Africa)

CEE Central Eastern European

CFE Conventional Forces in Europe (treaty)

CFSP Common Foreign and Security Policy (EU)

CIS Commonwealth of Independent States

CJTF Combined Joint Task Forces

CMEA Council for Mutual Economic Assistance

CO2 Carbon dioxide

COP Conference of the Parties (of UNFCCC)

CSCE Conference for Security and Cooperation in Europe

CSDP Common Security and Defence Policy (EU)

CSI Container Security Initiative

CTR Cooperative Threat Reduction

CWC Chemical Weapons Convention

DCFTA Deep and Comprehensive Free Trade Agreement (EU)

EaP

Eastern Partnership (EU)

EC European Community

ECB European Central Bank

ECJ European Court of Justice

ECSC European Coal and Steel Community

ECU

EDC

Eurasian Customs Union

European Defence Community

EEAS European External Action Service

EEC European Economic Community

EITs Economies in Transition

EMS

European Monetary System

ENP European Neighbourhood Policy

EPC

ESDI

European Political Cooperation

European Security and Defense Identity

ESS European Security Strategy

ETS

Emissions Trading System

EU European Union

FDI Foreign Direct Investment

FDR Franklin Delano Roosevelt

FTA Free Trade Agreement

G2 Group of Two

G5 Group of Five

G7 Group of Seven

G8 Group of Eight

G20 Group of Twenty

GATT

General Agreement on Tariffs and Trade

GCC Gulf Cooperation Council

GDP Gross Domestic Product

GHG Greenhouse Gases

GICNT Global Initiative to Combat Nuclear Terrorism

GMF German Marshall Fund

HLWG High Level Working Group (on jobs and growth)

IAI Istituto Affari Internazionali

ICAO International Civil Aviation Organization

ICC International Criminal Court

ICISS International Commission on Intervention and State Sovereignty

ICJ International Court of Justice

IISS International Institute for Strategic Studies

IMF International Monetary Fund

INDCs Intended Nationally Determined Commitments

INF Intermediate-Range Nuclear Forces (treaty)

IR International Relations

ISAF International Security Assistance Force

ISDS Inter-State Dispute Settlement

ISIS Islamic State in Iraq and Syria

JAP Joint Action Plan

KKE Kommunistikό Komma Elladas (Greek Communist Party)

LDCs Least developed countries

NAFTA North American Free Trade Agreement

NATO North Atlantic Treaty Organization

NSA National Security Agency (USA)

NTA New Transatlantic Agenda

OECD Organization for Economic Cooperation and Development

OEEC Organization for European Economic Cooperation

OPCW Organization for the Prevention of Chemical Weapons

OSCE Organization for Security and Cooperation in Europe

P5 + 1

Permanent (5) Members of the UN Security Council (plus Germany)

PfP Partnership for Peace (NATO)

PNR Passenger Name Record

PSI Proliferation Security Initiative

PTA Preferential Trade Agreements

R2P Responsibility to Protect

RRF Rapid Reaction Force

RwP Responsibility while Protecting

SALT Strategic Arms Limitation Treaty

SCO Shanghai Cooperation Organization

SLG Senior Level Group

TABC Transatlantic Business Council

TACD Transatlantic Consumers Dialogue

TAD Transatlantic Declaration

TAED Transatlantic Environmental Dialogue

TALD Transatlantic Labour Dialogue

TEC Transatlantic Economic Council

TEP Transatlantic Economic Partnership

TIFAs Trade and Investment Framework Agreements

TPP Transpacific Partnership

TTIP Transatlantic Trade and Investment Partnership

UK United Kingdom

UN United Nations

UNASUR Union of South American Nations

UNFCCC United National Framework Convention on Climate Change

UNSC United Nations Security Council

UNSCR

United Nations Security Council Resolution

UNSG United Nations Secretary-General

UNSMIS United Nations Supervision Mission in Syria

USA United States of America

USDoD US Department of Defense

USSR Union of Soviet Socialist Republics

WEU Western European Union

WTO World Trade Organization

WWI First World War

WWII Second World War

L IST OF T ABLES

Table 2.1

Table

Table 3.1 Western and BRIC military expenditure (in million USD, 2014 prices)

Table 3.2 GDP (in million USD, 2014 prices)

Table 8.1

CHAPTER 1

Introduction: Where Things Stand and What Happens Next

‘May you live in interesting times’ may seem an innocuous and even benevolent wish. The 2010s are nothing if not interesting times, given the explosion of new technologies (think of 3-D printing and the internet of things), path-breaking business models (such as Google or Alibaba) and predictions of a global power shift. Yet, the ‘interesting times’ aspiration one might offer another actually originated as a Chinese curse, used to damn its recipient to endure uncertain and dangerous times. In Chinese culture, which has been influenced by the enormous and painful upheavals that have historically beset the world’s largest civilization, it is obvious why the phrase might be a curse. That the phrase loses a great deal of meaning in its translation to English might be viewed as a metaphor for how international relations (IR) are in transition. By one view, enormous, uncertain, dangerous and potentially painful consequences loom for the international

I am grateful to Nathalie Tocci for valuable comments on the early drafts of this chapter.

J. Peterson

University of Edinburgh, Edinburgh, UK

© The Editor(s) (if applicable) and The Author(s) 2016

R. Alcaro et al. (eds.), The West and the Global Power Shift, DOI 10.1057/978-1-137-57486-2_1

1

order. Alternatively, changes afoot internationally could lead to a more prosperous, interconnected and harmonious international society.

Some of the biggest questions about the differences between what has come before and what lies ahead concern relations between the USA and Europe. Transatlantic solidarity was a defining feature of the second half of the twentieth century. As we finished this volume, the 70th anniversary of the end of the Second World War (WWII) was being observed, with special significance attached to the liberation of Nazi concentration camps. Collective action between the USA and anti-Axis Europe during the war made this dramatic change possible by paving the way for modern liberal democracy in Western Europe. It also was instrumental in establishing key institutions of global governance including the United Nations (UN) and the Bretton Woods institutions. The post-WWII global order was tense and dangerous given the geopolitical rivalry between the West and the Soviet-dominated eastern part of Europe (as well as rivalry with China in Asia). But that order eventually gave way to a new era after 1989–91 and the collapse of the Soviet bloc. The new international order featured ‘American hegemony’, an opportunity for a united Europe to export its habits of cooperation, and the dream of ‘the end of history’ with liberal democracy becoming the ‘final form of human government’ (Fukuyama 1992).

A quarter century on, things look very different. The US-European relationship has splintered (or, at best, stumbled) over a series of elemental questions of IR, including climate change, the 2003 war in Iraq, the civil war in Syria and rise of the Islamic State of Iraq and Syria (ISIS) and how to cope with a muscular and nationalist Russia. Meanwhile, a group of emerging powers—Brazil, Russia, India, China and South Africa (collective known as the BRICS)—are on the rise, not least because the gap between their and Western growth rates has widened in the decade beginning in 2010. One effect is to raise new questions about whether America and Europe are drifting apart and are no longer a collective force in IR in an era of transition. Contributors to this volume test the notion that the transatlantic alliance is a bygone phenomenon of a bygone era. By extension, they also investigate the extent to which the international order of the 2010s differs from the immediately earlier era in IR when the West was, or was claimed to be, dominant. All chapters in this book confront two central, primordial questions. First, how much has the international order really changed over the past 25 or so years? Second, to what extent are America 2 J. PETERSON

and Europe still partners with collective power in IR and, crucially, the will and capacity to use it?

A careful division of labour between our authors allows us to arrive at a comprehensive overview of the US-European relationship. All confront three drivers of change in contemporary IR. Specifically, all consider the rise of new powers, the differential diffusion of power in selected policy domains, the evolution of the international economy and what the implications of each are for the transatlantic relationship.

In many chapters, new light is shed on the West’s capacity for leadership, its ability to define normative frameworks (or rules) and its potential to shape mechanisms for international governance. Each contributor offers an appraisal of the extent to which transatlantic relations are influenced by internal or external actors: that is, by the USA and the EU and its member states themselves, or by other powers (especially but not exclusively the BRICS).

In this chapter, we begin by outlining the conceptual framework that guides analysis throughout the volume. We then consider debates about whether the shift to a more multipolar era in IR is real or not. A third section zeroes in on the state of contemporary global governance and the standing of the USA and Europe within it. We then assess the veracity of what sometimes seems a new accepted wisdom: that America and Europe, particularly the European Union (EU), have become so internally dysfunctional that their capacity for collective action—or action of any kind— in IR has declined, and in a way that is now irretrievable.

1 CONCEPTUALIZING US-EUROPEAN RELATIONS

This volume’s conceptual framework for understanding the US-European relations is developed both in Chap. 2 by Thomas Risse, and Chap. 3 (by Peterson et al.) on the multipolarity debate. In any work that ranges widely across such a broad subject, it would be constricting and unproductive to insist that each author test a highly specified and epistemologically dogmatic theory of transatlantic relations. Still, we have now seen enough evidence1 to be able to come to a judgment about what is the most conceptually profitable path to explain where the USA and Europe, as well as the global order, are and where they are headed. That path combines two main strands of theory.

The first has been developed primarily by Risse in numerous analyses of European integration (see for example Risse 2009) but also transatlan-

tic relations (Anderson et al. 2009). This work builds on Karl Deutsch’s 1957 classic study of NATO as a ‘pluralistic security community’. As Chap. 2 makes clear, Risse’s portrayal of the USA and Europe as a collective security community is based on an institutionalist version of social constructivism. A security community is conceptualized as a configuration of interests, identities, interdependence and institutions that interact with each other in ways that solve the security dilemma: that is, war between its members becomes unthinkable. Put another way, borrowing from Deutsch et al. 1957: 9), a security community ensures ‘dependable expectations of peaceful change’.

Such expectations may be particularly important in an era of shifts in material power in IR (Kupchan 2012). They may be moderated by ideational and institutional factors. Thus, commonly held values, norms and identities combine with strong, time-honoured institutions to make members of security communities less inclined to respond to the emergence of new powers by imposing costs on each other. Realists assume otherwise since, for them, all alliances are expedient and temporary, and are created to balance against common threats. For realists, just as the end of the Cold War portended the end of NATO, new economic opportunities engendered by the rise of the BRICS means the end of any special transatlantic relationship (economic or otherwise).

Rationalist institutionalists predict far less automaticity or conflict when power shifts. If anything, they view institutions as even more powerful mitigating factors than do social constructivists. But institutionalists lean more towards the realist position that interests reflect changes in material power configurations. Cooperation thus will be driven by material interdependence more than ideational factors. To simplify only a little, realism predicts discord in transatlantic relations, while institutionalism predicts functional or selective cooperation in areas where interdependence is clear and institutions exist to manage it. Social constructivism is less explicitly predictive, but also insists that collective identities and common values matter, which may mean that the transatlantic alliance is durable.

Risse (2009: 158) cautions that ‘social constructivism does not represent a substantive theory of [European] integration’ or—it may be assumed—of transatlantic relations. Rather, it is ‘an ontological perspective or meta-theory’. Moreover, he insists in Chap. 2 of this volume that while earlier research including his own implied that security communities were more stable and secure than traditional alliances, there is no theoretical reason why security communities should not become prone to crisis

if the underlying sources of their alliance start to shift. In any event, we find plenty of reasons in the strand of theory that Risse has developed to encourage our authors to consider the role of ideational factors in determining continuity or change in US-European relations.

The second strand of theory that underpins this volume is foreign policy analysis (FPA). It focuses on foreign policy decision-making and what determines it. FPA may be contrasted with IR theory which, by definition, is ‘systemic’ in that it looks to the distribution of power between states (and, for some institutionalists, institutions) in the international system. FPA is not unconcerned with the systemic balance of power. But it considers its impact to exist mostly in the minds of those who make foreign policy choices. More generally, foreign policy analysis is concerned with the factors that determine such choices. The list typically includes bureaucratic rivalries, partisan political competition, lobbying by other states or non-state actors and the extent to which prior decisions allocate resources to foreign policy.

In Chap. 3, we argue that systemic IR theory is likely to fall short in explaining the international behaviour of major powers—including the USA and EU—that are focused mostly on profound domestic or ‘subsystemic’ challenges. The Eurozone crisis and sequestration in the USA (automatic budget cuts that have been in place since 2011) are two cases in point. Others include China’s slowing economic growth, Russia’s drastically reduced energy revenues or Brazil’s Petrobras corruption scandal.2 Some of these examples (such as China’s slowdown and declining energy prices) might seem more sourced at the structural level of IR than others. But they all have domestic roots and impact directly on the foreign policies of powerful states jockeying for international position.

In these circumstances, IR increasingly becomes theoretically the sum of its parts: that is, individual policy areas. The balance of economic power in the international system has changed, with the economic growth rates of the BRICS usually (though not always) racing ahead of those of the USA and Europe. But in the security arena, US military power remains unchallenged (except, perhaps, in the South China Sea). In the politicalcultural arena, we find a mixed picture: Western notions of human security and ‘responsibility to protect’ arguably have become actionable norms in IR, not least because the West retains the power to enforce them, even if they must do so uni- or mini-laterally as rising powers question their legitimacy.

The point is that there is no single polar structure to modern IR, analogous to the bipolar order of the Cold War, since difference policy areas reveal different polarities. One upshot is that the framework for analysis in this book looks beyond material factors to examine also ideational ones, and insists that what is inside the state matters in transatlantic relations and IR more generally. Our authors uncover empirical evidence in their investigations of US-European relations in (mostly) individual policy areas. They have been asked to consider what their evidence suggests about the sturdiness and status of the transatlantic alliance more generally.

2 TOWARDS A MULTIPOLAR ORDER. OR NOT?

As a thought question, consider whether or when the nature of the international order has ever been subject to as much debate as it is now. By its very nature, the question prompts debate. The end of the Cold War prompted plenty of contention about where IR was headed: towards some kind of Fukuyama-esque ‘end of history’ when nearly all states became democracies and lived in harmony, or an alternative future featuring new types of authoritarianism and the eruption of conflicts previously frozen by the Cold War. Then, the 1990s and early 2000s featured consensus— in retrospect, a remarkably broad one—on the emergence of American hegemony, even if its durability or desirability were much disputed. Subsequently, two long, costly and inconclusive wars in Afghanistan and Iraq led to a sharp decline in the USA’s reputational standing and, arguably, soft power. Limits to the utility of American hard power were exposed as sharp.

For a time, one response was speculation that Europe’s remarkable success in institutionalizing cooperation between its states, sharing wealth between its economic classes, and entrenching respect (for the most part) between its peoples would lead to a transfer of capacity to lead in IR from Washington to Brussels (Kupchan 2002; Rifkin 2004; Leonard 2005; McCormick 2007; Moravcsik 2010). Yet, the EU of the 2000s remained wracked by internal divisions on nearly all matters of high politics (as well as many of low politics), especially Iraq and its relations with George W. Bush’s America. Even those who saw the transatlantic glass as half full, noting plenty of low-key but productive policy cooperation on everything from homeland security to Afghanistan to competition policy, also noted ‘a context of diminishing expectations’ in US-EU relations and ‘the absence of any truly strategic dialogue’

(Peterson et al. 2005: 5). The replacement of Bush in the White House by an instinctive multilateralist in the form of Barack Obama yielded no sea change in the direction of smoother transatlantic relations, even if they seemed less hostile. Revelations of spying by the US intelligence agencies on EU institutions, leaders and citizens in 2013 hardly squared with the view that a transatlantic security community was holding firm despite the rise of new challengers to the West.

Meanwhile, following our injunction to consider the evolution of the international economy as a driver of IR, one of the most dramatic changes (perhaps the most dramatic change) that has emerged out of the wreckage of the post-2008 Great Recession has been a weaker economic Europe. The recession exposed—in some ways caused—a crisis in the Eurozone, particularly amongst southern EU states and Ireland, whose sovereign debts became unsustainable in the teeth of a full-blown banking crisis. From the creation of the euro, its capacity to withstand macroeconomic and financial shocks was always both in doubt and central to the success of the single currency (see Lane 2012). The 2012 commitment by the European Central Bank (ECB) to do ‘whatever it takes’ to preserve the euro calmed market speculation that one or more of its weaker members might be forced into a chaotic exit. But economic growth rates in Europe remained anaemic. Two broad effects have been, first, that Europe remains internally focused and unequipped to lead in IR and, second, that the European ‘pole’ has become perceived as one of the weakest by those who foresee an emerging multipolar international order.

By most measures, the USA emerged in much better post-recession economic shape than did Europe. Projected American economic growth rates in 2015-16 that were much higher than that of the EU suggested yet another source of divergence was emerging in the US-European relationship.3 However, behind the headlines lurked evidence of the West’s collective decline. Around 40 % of the US firms that made up Standard and Poor’s 500 derived significant sales from Europe, in one amongst many indicators that the price of Europe’s economic slowdown for the USA would be high.4 Meanwhile, America witnessed a steep and seemingly unstoppable rise in economic inequality—for many, a clear indicator of the degeneration of its economic model (Hacker and Pierson 2010; Luce 2012; Packer 2013). Poll data also suggested that 84 % of US citizens thought the economy had not improved since the recession ended and 70 % believed it had sustained permanent damage.5

The debate about the West’s decline is not only about the political consequences of the rise of the BRICs. To illustrate, Walter Russell Mead (2014: 74) argues that the USA and EU are challenged mostly by ‘revisionist powers’—specifically China, Iran and Russia—which never accepted the post-Cold War political settlement and now ‘seek to chip away at the norms and relationships that sustain it’. The result is a return to geopolitics at the worst possible time for the West. After all, Europe must somehow cope with ‘the unmitigated disaster of the common currency’, while both Americans and Europeans have morphed into ‘posthistorical people’ who ‘are unwilling to make sacrifices, focused on the short term, easily distracted and lacking in courage’ (Mead 2014: 77–9). Another, less sweeping cut to the debate considers it a simpler, binary question of whether and when China will achieve superpower status and US hegemony will end. This view holds that these two changes will trigger a shift to a multipolar world, or even a ‘post-American world … of deglobalisation, rising nationalism and neomercantilism, geopolitical instability, and great power competition’ (Layne 2012: 420).

Declinists are not unchallenged. John Ikenberry (2014a, b: 80–1) castigates Mead’s ‘return of geopolitics’ as a ‘colossal misreading of modern power realities’ and insists that ‘[a]lliances, partnerships, multilateralism, democracy—these are the tools of US leadership, and they are winning, not losing, the twenty-first century struggles over … the world order’. Meanwhile, Brooks and Wohlforth (2008) refute the balance of power realism that lies at the heart of the declinists’ argument, finding that the concentration of aggregated power in the USA and Europe is deterring would-be ‘balancers’ of western power such as China and Russia. Recently, the coiner of the term BRICS has said ‘I might be tempted to call it just ‘IC”.6 His reappraisal reflects Brazil’s sharp economic slowdown, episodic domestic violence in South Africa, and the outright contraction of the Russian economy amidst plummeting oil prices and pressure from Western economic sanctions following Moscow’s 2014 incursion in Ukraine. In fact, Western solidarity in punishing Russia economically over Ukraine not only revealed capacity for genuine transatlantic agency in IR. It also refuted (or at least outdated) Peter Mandelson’s claim that ‘nothing divides us’—that is, the EU—‘as much as Russia’ (quoted in Peterson and Shackleton 2012: 3).

The multipolarity debate is an undercurrent to all chapters in this volume. But it is confronted most directly in Chap. 3, Daniel Hamilton’s consideration in Chap. 6 on how Europe figures in ongoing debates about

US foreign policy, Jolyon Howorth’s analysis (Chap. 7) of how the USA and Europe—individually and collectively—engage with emerging powers and Riccardo Alcaro’s Chap. 9 on the challenges to the Western-promoted liberal order. Most other contributions illustrate a central theme of this book: that international power configurations differ considerably between distinct policy domains, even if none are absent of challenges by new aspirants to the top table of IR.

3 GLOBAL GOVERNANCE AND TRANSATLANTIC LEADERSHIP

The recent record of the USA and Europe in global governance is decidedly mixed. One upshot is debate about their capacity to lead as power shifts to other players in IR, as well as about the nature and future of global governance itself (Peterson and Müftüler-Baç 2014). The question of whether the era of Western leadership is now over is taken up in Chap. 3. Peterson et al. argue that the USA and Europe retain considerable ability to lead but, increasingly, the real challenge is using it to reform multilateral institutions to make them more inclusive and reflective of changing balances of power.

Of course, rare in modern democratic politics are leaders willing to sacrifice their built-in advantages in global institutions in order to enhance the future legitimacy of those institutions. Accounts of Obama’s White House illustrate the point, with multiple insiders (Nasr 2013; Gates 2014; Panetta 2014) as well as analysts (Laïdi 2012; Mann 2012) critical of how foreign policy seemed controlled more by political advisors than policy experts and driven by a political campaign mentality, even though the evidence—for instance, the Iranian nuclear deal—sometimes challenged such claims. For its part, the EU has done little to deliver on its ‘strategic objective’ to build an international order ‘based on effective multilateralism’ as identified in its 2003 European Security Strategy (ESS) (Bouchard et al. 2014). So much European political attention has been focused on the Union’s internal, seemingly eternal crisis in the decade plus since the ESS was unveiled—and the Eurozone calamity has been so politically divisive—as to sap Europe of capacity to lead in reforming global governance. Accordingly, as argued in Chap. 5, Europe’s value as an international partner inevitably has been diminished in the eyes of Washington. Still, it is worth asking if any recent era has been less hospitable to an agenda of building or reforming multilateralism than that of the post-2008

Great Recession. In this political and economic context, it is revealing to consider the two most headline-grabbing recent advances in international cooperation: the Group of Twenty (G20) and cooperation amongst the BRICS.

The G20 has not been short of critics. They bemoan its ‘spirit of Westphalian assertion’ (Wade 2011), ‘the soft nature of its agreements in the absence of sanctions or strong control mechanisms’ (Rommerskirchen 2014: 246), as well as its failure to prevent a ‘collapse of global trade’ or a rise in ‘murky protectionism’ (Baldwin and Evenett 2009). The G20 remains a decidedly intergovernmental organization with no institutional headquarters or even a single permanent official.

Yet, it is revealing to recall how quickly the financial crisis induced a major shift from the Group of Eight (G8)—a thoroughly transatlantic forum (along with Japan)—to the G20 as the locus for international macroeconomic policy coordination. Historians would also note how sharply the Great Recession contrasted with the Great Depression of the 1930s, when there was literally no attempt to forge collective action across national borders. The G20’s tangible accomplishments have been limited and its need for reform seems undeniable. But it clearly played a significant role in ensuring that the Great Recession was not even deeper or more damaging than it was by (for example) agreeing to triple the lending capacity of the International Monetary Fund (IMF). Cooper (2010: 755) finds that the G20 produced ‘a striking degree of coordination […] concerning national and international stimulus packages’ while ensuring there was ‘no return to the beggar-thyneighbour/autarkic ‘solutions’ of the 1930s’. Crucially, he views the lack of any suggestion that the G20 return to its pre-recession mode of meetings consisting exclusively of finance ministers and central bankers as creating the potential for it to become a global steering committee capable of ‘accelerating concerted action on a much bigger set of issues’ (Cooper 2010: 756).

In comparison, it took six annual BRICS summit meetings before it achieved its first tangible agreement: the launch of a $100 billion New Development Bank (NDB). The clear intent was to pressure the USA and Europe to move on stalled proposals to rebalance representation within the IMF and World Bank: ‘We remain disappointed and seriously concerned with the current non-implementation of the 2010 [IMF] reforms, which negatively impacts on the IMF’s legitimacy, credibility and effectiveness’.7 Otherwise, the BRICS summits have been talking shops that produce long-winded communiqués, such as that of the Brazil-hosted 2014 summit which featured no fewer than 72 separate points. Reflecting

on the BRICS more generally, Sharma (2012: 4) complains that ‘[n]o idea has done more to muddle thinking about the global economy than that of the BRICs. Other than being the largest economies in their respective regions, the big four emerging markets never had much in common’.8

Nevertheless, a cable sent by the top US G20 official in 2010 and published by WikiLeaks stated: ‘It is remarkable how closely coordinated the BASIC group of countries [Brazil, South Africa, India, China; it is unclear where Russia fits] have become in international fora, taking turns to impede US/EU initiatives and playing the USA and EU off against each other’ (quoted in Wade 2011: 347). Here, the case of the Asian Infrastructure Investment Bank (AIIB) is illustrative. Launched in 2015, it revealed divisions amongst the West—with EU states joining in defiance of US injunctions to stay away—and begged the question of whether it would amount to a truly operative, alternative to the Bretton Woods institutions. Certainly, the AIIB typified the conviction of China and other BRICS that the cards remain stacked against them in the World Bank and IMF. Yet, the AIIB was created as a bank, not an international organization. It also revealed a sort of non-reflective scrambling to mount alternatives to the Bretton Woods institutions, with the AIIB almost certainly competing for funding with the BRICS’ New Development Bank.

Amidst all of this churning, there might be more life left in the transatlantic alliance than is often appreciated. As Howorth shows in Chap. 7, the USA and Europe cannot be expected to interact with emerging states as a collective, as they will frequently find that their interests differ. Clashes of interest—as Damro shows in Chap. 8—are especially likely in the economic arena. Yet, despite friction over divergent ‘possession goals’, the USA and Europe have strong incentives to define and pursue collective ‘milieu goals’ for the international order, or objectives about the shape of the future global order (Wolfers 1962).

To illustrate, Alcaro argues in Chap. 9 that the emergence of China and Russia as more assertive military powers does not imply a deterministic drive towards the collapse of the Western-promoted liberal order. After all, even China and Russia have a stake in its maintenance, as they profit from the ‘order’ that emanates from Western power even if they dislike its ‘liberal’ normative core. In environmental governance, Christine Bakker and Francesco Francioni show in Chap. 11 that no international agreement on climate change—itself a milieu goal—is worth the paper it is written on without tangible, measurable commitments from the West, but also China and India. Nathalie Tocci highlights another policy area—operationalizing

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coming to an agreement. The Judge bid them, contrary to all custom, to again retire, with a declaration that he would hold it in confinement until the verdict could be made up, even though an indefinite period were required to accomplish the object.

Had he before been in consultation with the prosecution? Did he know the whole arrangement? Did he know that some one or more, perhaps influenced by gold, were resolved to hold out to the bitter end? And that one by one of the opposition, under the tortures of long confinement, must keep falling in to avoid further suffering, and more especially when the cunning device was resorted to for the purpose of deceiving the opposition by inducements to the effect that it was hardly worth while holding out when all could be so easily avoided by a few dollars of fine in the way of damages, which would not at all hurt the defendant? What was the meaning of the sham in his appearing, in the first part of his instructions, to lean to the defendant by telling the jury that if there was a doubt existing with it, the defendant was entitled to the benefit of said doubt; and then, in the last hours of worn out confinement, came squarely out in conflict, and positively told the jury that it was bound to find a verdict of guilty from the law and evidence before it? What was the meaning of packages and writing being conveyed to the jury by outsiders during the latter part of its retirement, or, at least, to that part of it in favor of the prosecution?

Notwithstanding the most justifiable and potent of all reasons in favor of the petition got up and signed by six hundred of the best and most respectable citizens of Mobile to be forwarded to the Governor for the release of the defendant, the Judge hearing of the same, emphatically declared, before being asked, that he would not sign it; and the Governor, because of this omission, refused to grant the prayer. Did the prosecution influence both Governor and Judge, so that the whole formed one compact ring to defeat justice? What says the learned Dr. Bevell on this subject—the very man who sat on this jury and witnessed all:

“We have made an effort to limit his imprisonment through the pardoning power of Governor Moore, by an article addressed him in the shape of a petition, with about six hundred signatures of the most

respectable citizens of Mobile; but in this we have failed, and, to my deepest regret, he will have to serve his time out. We first drew up a petition to Judge McKinstry, signed by a respectable number of the jury, but hearing of his negative declarations on the street, we declined honoring him with the request.

“Although we have failed in these efforts, the conduct of all the opposing clique strongly indicate to my mind that the principal stringent ruling and opposition are to gratify, and sustain, and retain political influence.”

But the abuses committed by Judge McKinstry do not close here. A verbal copy of Shoemake’s affidavit has just been received, the insertion of which cannot be omitted, as it will add new light on what has already been advanced on this subject in the commencing part of the trial, and will go still further to demonstrate the deeply sullied conduct of the prosecution and Judge. Let this copy be read with attention: [COPY.]

S A, } M C.

Before ——, personally came S. S. Sheumack, who on oath saith that one J. R. S. Pitts did, within the last six months, in the county aforesaid, unlawfully, wickedly and maliciously, with intent to injure, defame, villify, and prejudice this deponent, and to bring him into contempt, scandal, and disgrace, publish and circulate in said county a printed pamphlet entitled, “The Life and Career of James Copeland, the Great Southern Land Pirate, who was executed at Augusta, Mississippi, October 30th, 1857; together with the exploits of the Wages’ clan in Texas, Louisiana, Mississippi, Alabama, and Florida.”

In said pamphlet, said Copeland is described as one of the leaders of a gang of robbers, murderers, highwaymen, and the deponent is represented therein by the name of “S. S. Shonesmak,” as a member of said clan, or gang of robbers, murderers, and thieves;

which pamphlet containing the aforesaid statement, referring to this deponent, is a defamatory libel, and is utterly and wholly false.

S. S. S

Subscribed and sworn to, this 17th day of January, 1859, before me,

A. MK, Judge.

T S S A:

You are hereby commanded to arrest the body of J. R. S. Pitts, charged by affidavit made with the offense of “Libel,” by one S. S. Sheumack, and hold him in custody until discharged by due course of law, which may be done by any examining magistrate.

Witness my hand and seal,

Mobile, January 17, 1859. A. MK, Judge.

Received January 17, 1859, and on the same day I executed the within writ on J. R. S. Pitts, and have now in jail.

J T. S, Sheriff. M. C.

T S A, } M C.

I, P. LaVergy, Clerk of the City Court of Mobile, hereby certify, that the foregoing is a true copy of the affidavit signed by S. S. Sheumack, as also of the writ of arrest, and Sheriff’s return, in a case of the State vs. J. R. S. Pitts, as the same on file in my office.

Witness my hand, this 19th day of July, A. D., 1874.

P. LV, Clerk.

THE CHARACTER OF THE PROSECUTION.

Scheumack or Shoemake, all the while a citizen of Mississippi, the defendant a citizen of Mississippi, yet, he goes to the City of Mobile, in another State, among his friends and brethren, for process of law. This was changing of venue with a vengeance. With equal propriety, as far as law is concerned, might he not have gone to New York— not one whit more unnatural.

Sheumack, the “big dog” among the clan; the man, above all others, steeped the deepest in blood, and crime, and dissimulation; the man who brought counterfeit documents pretending to come from the Probate Judge of Kemper county; the man who denied writing the John R. Garland letter on the witness stand, and whose oath was there invalidated to the satisfaction of all; the man who bore the requisition from the Governor of Alabama to the Governor of Mississippi for the arrest of the defendant; this is the man to whom Judge McKinstry granted his writ to serve the purposes as specified in the affidavit.

This affidavit charges with “unlawfully, wickedly, and maliciously, with intent to injury, defame, villify, and prejudice the deponent:” and again “this deponent is represented by the name of Shonesmak, as a member of a clan or gang of robbers, murderers, and thieves, which statement, referring to the deponent, is a defamatory libel, and utterly and wholly untrue.”

In answer, will any one deny that such a “clan” existed? Will any one deny that its whole object was robbery, murder, and theft? It is presumed that none will have the effrontery to make such a denial in the face of such overwhelming testimony almost everywhere to be found.

The next thing to be considered is, did the defendant publish and circulate, with an intent to defame, villify, and prejudice, etc., one represented by the name of Shouesmack, as belonging to the said clan?

Is there one disinterested and unprejudiced being in existence who can believe that the defendant could have any motive for

“wickedly, maliciously.” etc., assailing somebody he before knew nothing about, either good or bad—not even before knowing that such a creature was in existence? Up to that time, unacquainted with a single act of his life, can any one believe that the defendant published and circulated with a wicked and malicious intent to defame and prejudice somebody he neither knew by person or reputation before? Maliciousness can not exist while unconscious of any cause for the same. So much then for the unlawful, wicked and malicious attempt to injure the fair fame of Scheumack.

The same arguments will apply with equal force to the other names as published being the same as given by Copeland to the defendant; for to suppose otherwise would be the height of absurdity. The next subject for inquiry is, did Copeland, in his list of names, include Scheumack rightfully or wrongfully?

Shonesmack, and not Scheumack, was given in the published list in consequence of a typographical error. But Scheumack declared that the published name must mean him, and the same publication was “having a very deleterious effect against him in his own county, Kemper.” Why was Scheumack so very sensitive? Why did he take on himself the published name of Shonesmack? Why was the publication having a very deleterious effect against him in his county, Kemper? An innocent man by the name of Scheumack would hardly have troubled himself much about Shonesmak. A man living honestly, honorably, and respectfully in his own county would not have taken any umbrage at all from the publication. Around here, there are quite a number by the same, or very similar, name, yet none of these complained against the publication having a very deleterious effect against them. Those who foam, and rave, and curse the hardest, are generally the object on whom suspicion falls the heaviest.

But this is not all, immediately after the publication of the pamphlet complained of, he wrote his John R. Garland letter, in which he described himself with the most perfect of accuracy as being occasionally absent for some time, and then returning with horses and mules, and other sorts of property which nobody besides himself could account for, etc. Let it be borne in mind that he denied writing

this letter on oath on the witness stand, when the conclusive proof came next that he undoubtedly was the author of it. The counterfeit papers, with feigned authority from the Probate Judge of Kemper county, his several designs on the life of the defendant, with many other of his actions which are more than suspicious, all go to establish the fact that Copeland made no mistake when he gave his name and designated him as a “big dog” among the clan.

Ye, Governors, Judges and prosecutors, learn from the old adage: “Tell me the company you keep, and I will tell you who you are.”

But there is something left behind of a still darker and more enigmatical character as to the mockery in processes of law belonging to the case.

Scheumack, a resident of another State, goes to Mobile to prosecute for libel, and Judge McKinstry grants him the writ accordingly. The Sheriff is represented as returning the same to the effect that the writ had been executed, and the defendant in jail on the 17th of January, 1859. Again, the trial docket and the records show that four bills were got against the defendant from the Grand Jury the November term, 1858, marked cases numbers 61, 62, 63, 64, corresponding to which are given the names of G. Y. Overall, C. F Moulton, G. A. Cleaveland, and S. S. Scheumack; and that the name of Scheumack disappeared subsequently without any order being made or without any cause being assigned for the same; and furthermore four appearance bonds given by the defendant are found on file in the office. In these cases, there is no record of any action being taken by either Governor of Alabama or Mississippi, the reason for which, perhaps, may be accounted for by the innovation and wrong being too great for Governors’ names to be associated with on record.

Now, it is evident, from the affidavit of Scheumack, that he did not get a bill at the time the other three did from the Grand Jury of 1858, and it is equally evident that he never afterward got one; then why was his case associated on the trial docket with the other three?

The writ executed and returned asserts the defendant to be in jail on the 17th of January, 1859. What a farce! If the defendant was in

jail at that time, it so mysteriously happened that he never knew it. A bond is found on file in the office given by the defendant to answer the charge preferred by Scheumak. What a farce! If the defendant gave such a bond, he never knew it—was never called on to sign it —never went before any examining magistrate, nor never knew, until a few days ago, that Scheumack had ever succeeded in any action of law against him.

Ye prosecutors, answer, if you can, how the records are made to show that Scheumack got a bill from the Grand Jury of the November term, 1858, when his affidavit of January 17, 1859, shows conclusively that he never got any such bill at all. Answer, if you can, how his name so mysteriously disappeared from the trial docket without any order being made, or without any cause being assigned for the same. Answer, if you can, how the appearance bond relative to him and the defendant is found on file in the office, when no such bond could possibly have been given. Answer, if you can, how the defendant came to be in jail on the 17th of January, 1859, when thousands positively know that such was not the case. If “something rotten in Denmark” is not found here, it is vain to seek from any other quarter.

CONCLUDING SKETCH OF THE TRIAL.

Not in populous cities—not in the centres of accumulated wealth and misdirected intelligence that integrity and the administration of justice can be found. The highest functionaries of States have to bend to these rings and cliques. Honor scorned, justice mocked, and shame departed, what is there left to purify the national streams? Clans who live by plunder and murder can, with their ill-gotten gains, find plenty of law protection. Above all things, the Bench should be kept pure and independent, so that the criminal, though rich, cannot escape; and the poor and humble, if honest, can receive protection. Not as now, when judicial decisions are measured according to political numbers and the varied influences of wealth. If mercy is shown at all, let it be on the side of the unfortunate and those who have had few opportunities for improvement; and never on the side

of those who have had all the advantages of wealth and education, and who should set an example to the subordinate classes of the community. Let the lessons cease to be taught and children cease to learn that because a man is rich no crime can hurt him; and if poor, though honest, he can be victimized by a snap of the finger from some influential person at any time. Is it any wonder at the increasing centralization of power? It is a necessary consequence under present circumstances. The corruptions and abominations have nearly reached the maximum height, and are at present of such a frightful magnitude that some remedy, ere long, must be adopted. Liberty abused must bring on reaction, sometimes for the better, but oftener for evils as great as those desired to be remedied.

And now, in concluding this sketch of the trial, which was carried on with so much absorbing interest and excitement, a brief recapitulation of its paramount features may be of some utility in bringing within our immediate view those incidents of it which are the most pregnant of meaning as to the future consequences.

In reviewing the conduct of the then Governor of Mississippi, McWillie, it is not charity, nor warranted by correct inductive reasoning, to suppose that he intended to assist the Wages and Copeland Clan by giving his approval for the rendition of the defendant as a “fugitive from justice,” at the time he was an acting Sheriff for one of the counties of the State. It is, perhaps, better to suspect the Governor’s ignorance or want of the proper information, than to charge him with evil designs. Had he known at the time the desperate character of Shoemake, one of the clan, and the authorized agent to make the arrest; had he known that the defendant knew nothing of the names prior to the confessions, and, of course, could have had no interest nor malicious motive to misrepresent, with the fact of locating the Three Distinguished at the risk of protracted trouble and a ruinous expense, furnishing a strong inference of the truth of all as to the names inserted; had he known that Copeland himself, on the scaffold in the last moments of earthly existence, acknowledged publicly and before living witnesses the truth of the whole of his confessions; had he known and reflected that the full publication of them must have, not only a direct and

powerful tendency to disorganize the remnant of the clan, but also to prevent future associations of a similar character; had he known the full extent of the horrors, for years, perpetrated by this clan, and that numbers still living, from experience, can vouch for many of the facts as narrated in the confessions; had he known that an offense committed in one State or county, and the injury sustained inflicted in another State or county, the case may be tried in either, which gave him the right to use his discretion; had he known and reflected that the conflict must be between prosecutors—revengeful and experienced, wealthy and powerful, from another State, against youth—against an humble but honest citizen of his own State; had he known all these circumstances and maturely considered them, censure could not be too severely applied for his approving the rendition of the defendant as “a fugitive from justice.” Who ever before heard of any person being dragged from one State to another as a malefactor on a charge of libel?

However, if he, without design, gave assistance to the clan in the shape of an unmerited expense and injury to the defendant, it is nevertheless true that he also, without design, was instrumental in laying the foundation for a more distant triumph in behalf of justice.

Many of the last observations are strictly applicable to the presiding Judge, McKinstry. We cannot believe that he had any affiliation with the clan, nor any sympathy for its continuance; but his reprehensible conduct on the trial can be better accounted for in the language of the competent gentleman who sat on the jury, and who had an opportunity of seeing and hearing and witnessing all, thus: “His strenuous ruling, strongly indicated to my mind, was to retain and maintain political influence with powerful cliques.”

The changing of this Judge’s charges, the veering about first from one side to the other, his expressed determination to force a verdict against the better informed and more respectable of those who formed a great majority of the jury, if it required an indefinite period of confinement to do it; and then, in the last hours of torture, came squarely out and told the jury it was bound, from the law and evidence before it, to find a verdict of guilty; and all this while knowing the awful character of Shoemake, one of the main

witnesses, as proven on the trial; and while knowing that G. Y Overall had no right to prosecute in the name of G. Overall, when there were more of the same name in the place, and to which the jury believed the confessions applied as intended by Copeland; and more, after conviction, anticipating something righteously in favor of the defendant, this partial Judge declared his intention before hand not to sign any petition for the release of the defendant from the prison; all these incidents taken together are too strongly stamped to be explained away. The refusal of the defendant’s application against the strongest of reasons in contrast with his unreasonable granting the prosecution all it wanted for several years afterwards, is also something which will not soon be forgotten.

But it may be said that Judge McKinstry did no more than is fashionable in the present day—that of consulting political interest in preference to the eternal laws of justice. This is but too true. It is a deplorable fact that, from the most inferior to the highest of courts and officers, measures are gauged according to political considerations and wealthy favorites. Truth is sometimes very disagreeable, but it is nevertheless indisputable that when the progress is rapidly onward to idolize vast possessions under a system which rather favors than checks the spread of those evils which sap the very foundations of strength and national vitality, and at the same time, and in the same ratio, to dishonor the real sources of wealth—honest labor—the nation’s decline and fall will follow in the wake of consequences under excessive government, no matter whether of Republican or Democratic. The baneful effects from either will be pretty much the same, as long as there are lacking the will and the power to restrain or repress excesses as they spring up. When general means of subsistence are easy, with plenty everywhere abounding, there is not much danger of convulsive change; but a prodigious increase of population with proportionally narrower resources to command, together with extensive disaffection and oppressive burdens from previous wars, then is the time for the exercise of prudence and a strict administration of justice in every department to maintain the life of the nation.

Granted that G. Y Overall proved satisfactorily enough an alibi, that is, that he was not present at the time referred to; but it is again asked what was he doing associated with such men as Shoemake and Bentonville Taylor? Was he the tool of more designing men? What right—what necessity had he to turn prosecutor, when, as plainly elicited on trial, it was another Overall that Copeland referred to in his confessions?

The trial succeeded in nothing against the defendant only in crippling his pecuniary resources, and harrassing him in other ways. It rather strengthened than weakened the authenticity of the work. These circumstances, with the war, interrupted the sale for some years; but as might have been reasonably expected, truth can only be temporarily crushed to burst forth again with renewed vigor. Persecution only adds fuel to the flames.

Sick of the career of life which he had led, it was but natural for Copeland to repine against those who had shared his plunder and goaded him on to crime with ample promises of protection, and then deserted him in the last hours of his affliction.

The defendant could have had no conceivable motive to forge names—not knowing before Copeland gave them, that such persons were in existence; therefore, where there is no possible motive, there can be no crime or intentional wrong. So much then for the “wicked and malicious intentions,” as charged in the affidavit of Shoemake.

The foregoing observations close the narrations of the trial with the circumstances of connection belonging; and now for particulars, as reasonably presumed, of another attempt on the life of the defendant in 1862.

Throughout the proceedings of the trial Dr. Pitts has been properly referred to as the “defendant.” Hereafter his own proper name will be given.

ANOTHER DESIGN OF ASSASSINATION.

In the spring of 1862, when returning from a professional visit, he was waylaid by two persons to him entire strangers. Just before the Doctor reached a by-path he was accustomed to travel, because somewhat nearer, he first suddenly discovered one of them near the main road, in a bunch of bushes by a stump, some fifty or seventyfive yards distant. The Doctor made a quick change of position; the rays of the sun fell on the bright gun in possession, which reflected a dazzling brilliancy for the moment. This extraordinary circumstance of itself was sufficient to cause well-grounded apprehensions of danger; and, accordingly, the Doctor kept a close watch for an excited moment. No sooner had he taken the by-path above alluded to, than he saw one of the two rush out—fast running through the thick woods in order to intercept him. The Doctor instantly turning his course, he at once beheld another person running in the same direction. There was but one available outlet for the Doctor to make his escape, and this through a long narrow valley with obstructing hills on each side. Both made a strenuous effort to get ahead of him in the valley, but fortunately he was mounted on a fine animal very fast on speed, which successfully enabled him to escape unhurt.

As before stated, these two parties were entire strangers, and never spoke a word during the whole transaction. On peaceable terms with every one in the settlement around, so far as known, there could not be a doubt on his mind as to this movement being another attempt on his life from the clan for the sake of vengeance for the past, and to prevent republication in the future. The same conclusions must be arrived at by every impartial judge of the affair

The following tragic accounts have recently been carefully collected from authentic and reliable sources, which, here introduced, will form something like an episode of after transactions of the parties whose names are also found in Copeland’s confessions—transactions exactly of a character to correspond with the dark and bloody operations as given by Copeland himself.

SHOEMAKE AGAIN.

From whatever stand-point viewed, there is something extraordinary about this man. He was particularly distinguished in the art of sculpture. He built the jail in DeKalb, Kemper county, Miss., which, when completed, was pronounced a master-piece of workmanship for substantial security. But in some length of time afterward, the report got out, probably from his own boasting, or some unguarded expression which he had made use of, that it was not safe. Inspection of the minutest sort followed, but not a sign of insecurity was discovered. However, when he got ready, he volunteered to show, and did show the defect which all previous search had utterly failed to find. He pointed to a place in the wall so perfectly concealed, yet with a very little exertion a vent could be made quite large enough for one person to pass out.

He was expert and dexterous in everything he engaged, but, as time developed, with an ultimate object of fraudulent gain in one way or the other. He was a scholar, yet this capacity only enabled him to attain greater heights of rascality with less liability of detection. Politeness, civility, and the most consummate of gentlemanly airs he could assume when his nefarious purposes could be best served by so doing. He was cruel, but not brave. It is said that the sister of his now brother-in-law received cruel treatment from him in youth; and for years this brother-in law determinedly bore it in mind, and at maturity beat Shoemake unmercifully for the same. This is a case with one man that Shoemake childishly dreaded ever afterward.

But his wife, formally called Muggy Worbington, was made of different material. She was brave sure enough, which was sufficiently evidenced on a number of occasions; one of which was in making two men, who had before vehemently offended her, jump precipitately into the river from a flat to avoid the contents of a revolver which was too resolutely presented to be mistaken.

And again, in the malignant feud between the Shoemake and Fisher family, which culminated in a pitched battle with shot-guns and pistols, near a brickyard, half a mile north of old Marion, Lauderdale county, Miss., in the fall of 1844, or early in 1845. Shoemake and his wife against Fisher and two sons, William and Theophilous. The fire from the Fisher family was too hot and severe

for Shoemake; he left in haste and deserted his wife, who fought inch by inch with unfaltering fortitude until shot down by the greater opposing force with which she was in conflict.

Shoemake, before leaving Kemper county, made intimations as if disposed to divulge the interesting historical part of his life; and, at the same time, in reference to the tremendous disaster he sustained on the trial of Dr. Pitts; made significant remarks of a double meaning, but really of a nature to warrant the impression that the publisher of the Life and Career of Copeland would pass off this stage of existence, which would be certain to leave mystery behind for future contemplation.

Shoemake resided in and around Kemper county for a number of years. His conduct was always suspicious, but his address, his ingenuity, and his whole movements were so profoundly managed as to evade penal detection. Years had to elapse to fully develop the man for anything like a common consent as to his real Character. It but required time to satisfy the judgment of all that he tainted everything he touched. And this is the man who was so sensitive because Copeland confessed him to be “a big dog among the clan.”

THE TWO HARDENS AND THE MURDER OF SHERIFF SMITH.

The names of the two Hardens were given by Copeland as forming a part of the clan. More about them has since been collected, which will now be read with interest.

About the year 1853 John Harden, from the State of Alabama, stole a fine animal, buggy and negro man, and succeeded in getting them safely to Marion county, Miss., where his mother resided. The Sheriff, Mr. Smith, from the county in Alabama where said property was stolen from, pursued Harden, and on reaching this State, Mississippi, he employed the services of Philip James, of Greene county, to accompany him. Finding Harden in the night at his mother’s, he was by them taken on surprise, but made a desperate resistance, though being overpowered, was compelled to surrender. The horse, buggy and negro man were all found. Sheriff Smith had

Harden confined within the buggy, and the negro man ordered to ride the horse. On returning, and when they reached the residence of Philip James, Sheriff Smith made no further request on Mr. James, and thought he could then manage without any further assistance. Accordingly they started, but shortly after they had crossed Chickasahay river the Sheriff was killed—appearances indicating that he had been beaten to death by a club. But whether by Harden or the negro man, none ever were able to ascertain. The buggy was rolled off under a hill. The horses and the two persons made their escape for the time being. Nothing positively definite, but the report followed that in some six or eight months afterward Harden was apprehended by Smith’s friends, and by lynch operations finished his career by being hung to the limb of a tree.

His brother, also mentioned by Copeland, who married a daughter of Gideon Rustin, was hung in Columbia, Mississippi, about the year 1843, for the murder of his wife. Immediately after the murder, he made his escape, and got into the State of Georgia, where he remained for some months; but subsequently returned and gave himself up to the sheriff, but had not been long in prison till he broke out, and would probably made his escape, but was captured by some parties in a boat near by while he was in the act of swimming Pearl river.

John Harden was a powerful man, not only in physical strength, but also in determined energies and resolution. Years ago, it is said that he and Hampton H. Nichols, of Perry county Mississippi, disagreed—followed by a fight betwixt the two in the usual manner, and that Harden came out the best; although, for nerve and surpassing strength, it was before thought that Nichols had not a superior. Thus, one by one do the members of the “clan” drop into eternity by violent and unnatural terminations.

JAMES M’ARTHUR, OR “CALICO DICK.”

There are others of the “clan” still active and surviving. James McArthur—better known in some places by the appellation of “Calico Dick” still lives. By reference to the original history of the Wages and

Copeland clan, page 89, it will be seen that this man became connected with the organization in 1844; and, at the time, was acknowledged by the former members as being directly concerned with others engaged in the business of counterfeiting money. Dr. Pitts has taken considerable trouble in tracing out the character of this man, and has received information from the best citizens of Mississippi and Alabama. Let this information be read with care and attention; and then, who can have the effrontery to contend that the names given in the “confessions” “are forged and the entire work unworthy of credit.”

In former years, when the Wages and Copeland organization was in full blast, he was then looked on as a suspicious character and believed to belong to the clan, as well as having more or less to do with the counterfeiting business which had been the means of flooding the country with a spurious circulation.

This organized band of robbers, murderers and counterfeiters had become such a terror to the seashore counties of Mississippi that the good people of these sections were driven to the necessity of forming a “Vigilance Committee,” for the better protection and preservation of society. By this committee, many suspicious persons were arrested, among whom was Jim McArthur. He, with a rope around his neck, piloted the committee to the swamp, where he pointed out and dug up the coining apparatus which was used by the band in coining counterfeit money. Here he acknowledged his identity with the counterfeiters, and was only released on his solemn vow to leave the country—never more to show his face in that region of society. Accordingly, he did leave, and was not seen there again until during the late war between the States, when he returned and was a great source of trouble again to all the neighboring counties around—committing more crimes of a more shocking and atrocious character.

After the close of the war, he again left that vicinity, and made his headquarters in Mobile, Alabama, where occasionally he was seen very flush of money. Also, after the war, he made a visit to Perry county, Mississippi. While there, he made inquiry after a woman, who had left her husband while the national contest was going on.

The supposition is that he, made her acquaintance on Honey Island during the war.

He is now well known to all this country as a renowned traveling gambler; and, among the fraternity of that class, is probably better known by the name of “Calico Dick,” which appellation he received many years ago, according to his own statement, when but a youth, in the State of Georgia, for stealing a bolt of calico, and for the same received thirty-nine lashes. But particulars on this subject will be best understood by giving an extract of a letter from one of Mississippi’s gifted sons:

“Calico Dick is the same brigand—the infamous Jim McArthur. He himself states that when he was a youth in Georgia, he stole a bolt of calico—was detected and received thirty-nine lashes, and ever since has been called Calico Dick. He was suspected of murdering a peddlar in Hancock county years ago, and acknowledged, with the rope around his neck, to the vigilant committee that he was a counterfeiter, and pointed out the apparatus for coining—confessed to horse-stealing and negro-stealing, and had left his wife and children in Hancock county to starve or do worse. His nephew, young Frost, who kept a cigar stand in or near the Battle House, Mobile, was arrested at Bay St. Louis last year on the charge of murder, and carried to Alabama. I have not heard the result. McArthur was unquestionably one of the Copeland clan. He committed many crimes during the war. At any time during the second year of the war, when we had no law, if I had met him, I would have shot him from my knowledge of his crimes.”

J C, 1873.

From another friend, in Jackson county, he still further exhibits the man in his true colors:

“James McArthur, long known as Calico Dick, has resided many years in Hancock county, Mississippi. Though absent frequently for months, sometimes for a year or two. His own statement when he first appeared in the county, was, that he stole a piece of calico, from a country store in Georgia, and being detected received thirty-nine lashes. So far from being ashamed of this exploit, he boasts of it,

and when drinking often repeats the story of his filthy life. He soon made himself known in Hancock as a gambler; and from his frequent mysterious journeys, and generally returning with a fine horse and plenty of money, he became an object of general suspicion. The Murrell clan, and, subsequently, the Wages and Copeland clan were then operating throughout the country. Negro-stealing, horsestealing, counterfeiting, highway robbery and murder had been reduced to a system, and it was rare that anybody was brought to justice. If any party was arrested, some of the clan was always on hand to prove an alibi Suspicion very often pointed to an individual, but people were afraid to hint their suspicions lest they might draw down upon them some secret vengeance—the burning of their dwellings or assassination. Thus, crime was committed with impunity. A peddler, known to have considerable money, was found murdered in Hancock, and though there was but one opinion as to who committed the deed, no one was arrested. The county was flooded with spurious coin. McArthur was known to make frequent journeys towards Mobile and to the Sabine on the Texas line, and when he returned, there was always an influx of bad money in circulation. He generally brought one or more strangers. Men of doubtful character, and with no apparent means of living, and never known to work, began to multiply, and this class was constantly around McArthur, and looked up to him as their chief. Though known to be personally an abject coward, he became, through these desperate men, an object of terror to the timid; and even respectable men were weak enough to court his favor. The late Col. D. C. Glenn would often say, after his attendance on the Hancock Circuit Courts, that he was shocked to see decent men jesting and drinking with such a wretch! The secret was that these men dreaded him and his gang.

Finally, somewhere about 1845, counterfeiting, horse-stealing, stock-stealing, and other crimes became so common; and the county so swarmed with idle, worthless, and suspicious characters, the citizens of Hancock formed a vigilance committee for mutual protection. It embraced the best, most responsible, and determined men in the county. They arrested a number of persons, most of whom confessed to being, or having been, members of the Murrell

and Wages clans. The names of these men, and what became of them, can be given to you by some old citizen—such as Col. Claiborne, S. T. Randall, Luther Russ, J. W. Roberts, and others. Those who confessed to belonging to the above named clans, were to a man the boon companions and associates of the notorious Jim McArthur, alias Calico Dick. The committee finally arrested him. I have been told that nearly the entire committee was for hanging him instanter. Indeed the rope was around his neck; but some one suggested that if they hung him, many important secrets would die with him; and that it was better to spare his life on the conditions of full confession and his immediate and perpetual departure from the county and State. The cowardly and treacherous scoundrel clutched at this expedient to save his life. He acknowledged his crimes, gave the names of his associates, and piloted the committee to his camp in the Devil’s swamp, where he fabricated spurious money. The moulds, forge, and a quantity of base metal were found there. The forger should have been handed over to the U. S. authorities, but he was permitted to leave the county on his oath (what was the oath of such a creature worth,) never to return. He left immediately for Alabama, where it would be worth while to track him. When the war broke out, and the vigilance committee of Hancock no longer existed —its most prominent members having died or removed—this selfconfessed felon returned to the county. He appeared there, I am told, in the character of a bounty jumper or substitute broker, in which he swindled a number of confiding people. A band of his old associates returned about the same time, and during the war became the terror and scourge of the country. Some were deserters from the Confederate ranks—some joined the United State army, and deserted their colors came back to their old haunts and their old leader. Some were professional thieves, robbers, and murderers, who never belonged to either army, but took to bushwacking, and jayhawking for a living; robbed the old, the widow, and the orphan without scruple, and often added arson and murder to their robberies. McArthur was constantly on the wing on the old pattern followed by Wages and Copeland. Since the war, he has passed much of his time in Alabama; but I am informed by citizens of Hancock that he has for some months past been dwelling in that

county His doings in Alabama ought to be traced out. What he is after in his obscure den in Hancock county, will, no doubt, in due time, crop out.”

Calico Dick is described by those who have seen him as having the appearance of being deformed from the effect of disease. The external appearance indicate considerable curvature of the spine. Others more intimate and better acquainted with him, say that this seeming curvature is caused by the constant wearing of a steel plate, which is used for the purpose of carrying cards; and that the plate is so constructed that he can without detection take from or add to his hand while playing, and with the assistance of his spring plate renders it impossible for any one to compete with him in this department of gambling.

The report of his death by being shot near St. Stevens is proven to be false. There is now a letter in the possession of John Champenoies, a resident of Shubuta, Clarke county, Mississippi, from Calico Dick, dated at Pensacola Junction, the 28th of May, 1873, and mailed at Whiting, Alabama.

There is another incident in his life which is rather amusing, and should not be entirely overlooked. In the year of 1868, he purchased a ticket to Enterprise, on M. & O. R. R., to Quitman, and got on board of a freight train, which carried him to the next station below, DeSoto, some four or five miles further than he wanted to go, and he had to walk back again. For this he sued the company, and got judgment against it to the tune of several thousand dollars; but the case was carried to High Court, and judgment reversed for a new trial. However, a compromise was made, and the company only paid him five hundred dollars, and gave him a free ticket on the road to ride afterwards.

Since writing the above, Dr. Pitts entertained some doubts of the truths of the whole of this story; and, to be better satisfied on the matter, wrote to one member of the company in high position, and received from him by way of reply the following:

“I know James McArthur, often called ‘Calico Dick,’ but know little of his antecedents.

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