The Irony of Legal Pluralism in U.S. Occupations

• Published in: The American historical review Vol. 117; no. 4; pp. 1149 - 1172
• Main Author: McPHERSON, ALAN
• Format: Journal Article
• Language: English
• Published: Oxford University of Chicago Press 01-10-2012; Oxford University Press
• Subjects: AHR Forum: Law and Empire in Global Perspective; American history; Attorneys; Colonial law; Courts; Foreign occupation; History of law; Institutions; Irony; Judges; Judicial process; Judicial system; Juries; Law reform; Legal aspects; Marine Corps; Military courts; Military history; Military personnel; Military tribunals; Multiculturalism & pluralism; Native justice system; Pluralist school; U.S.A; United States history; United States > US
• ISSN: 0002-8762; 1937-5239
• DOI: 10.1093/ahr/117.4.1149

On the evening of Oct 17, 1925, US Navy ensign Ralph Carroll ran down the streets of Port-au-Prince. Inebriated and out of uniform, he was chasing a Haitian man who was helping two women escape Carroll's apparent amorous overtures. Carroll caught up with them, berating them in English, and beat the man with his fists while the Haitians pleaded in Kreyol that they did not understand him. A twenty-one-year-old carpenter, Azard Fecui, happened upon the group with two friends. Scandalized that his fellow Haitian had failed to put up a fight against the white sailor, Fecui stabbed Carroll. The thirteen-inch cut, two inches deep in some places, sliced Carroll from his underarm to his abdomen and punctured his brachial artery. Blood gushed everywhere. The Haitians fled the scene. Carroll stumbled, then fell thirty-seven yards down a cliff. He was likely dead before he hit bottom. Here, McPherson talks about the oppressive nature of US institutions, including military tribunals, but usually fail even to note the response of native courts.