To this sophistical hair-splitting, in a matter of much practical

importance, we from the first refused to yield, and made it plain that

it was no battle of words in which we were engaged but one of ethical

conduct, and that while we were quite willing to exchange the term

“rights” for a better one, if better could be found, we would not allow

the concept either of human “duties” or of animals’ “rights” to be

manipulated in the manner of which Mr. Ritchie’s book gave a conspicuous

example. Meanwhile the word “rights” held the field.

The old Catholic school was, of course, antagonistic to the recognition

of animals’ rights, and we had controversies with Monsignor John S.

Vaughan, among other sacerdotalist writers, when he laid down the

ancient proposition that “beasts exist for the use and benefit of man.”

It may be doubted whether argument is not a pure waste of time, when

there is a fundamental difference of opinion as to data and principles:

the sole reason for such debate was to ensure that the humanitarian view

of the question was rightly placed before the public, and to show how

strange was the alliance between sacerdotalist and vivisector.

Evolutionary science has demonstrated beyond question the kinship of all

sentient life; yet the scientist, in order to rake together a moral

defence for his doings, condescends to take shelter under the same plea

as the theologian, and having got rid of the old anthropocentric fallacy

in the realm of science avails himself of that fallacy in the realm of

ethics: a progressive in one branch of thought, he is still a

medievalist in another.

Thus scientist and sacerdotalist between them would perpetuate the

experimental tortures of the laboratory. _Laborare est orare_ was the

old saying; now it should be expanded by the Catholic school of

vivisectionists into _laboratorium est oratorium_: the house of torture

is the house of prayer. It is a beautiful and touching scene of

reconciliation, this meeting of priest and professor over the

torture-trough of the helpless animal. They might exclaim in Tennyson’s

words:

There above the little grave,

O there above the little grave,

We kissed again with tears.

More exhilarating was the discussion when Mr. G. K. Chesterton entered

the lists as champion of those high prerogatives of Mankind, which he

saw threatened by the sinister devices of humanitarians, who, as he has

explained in one of his books, “uphold the claims of all creatures

against those of humanity.” A debate with Mr. Chesterton took place in

the Essex Hall; and for several years afterwards the argument was

renewed at times, as, for instance, when reviewing a book of mine on

_The Logic of Vegetarianism_, he insisted[27] that “the difference

between our moral relation to men and to animals is not a difference of

degree in the least: it is a difference of kind.” The human race, he

held, is a definite society, different from everything else. “The man

who breaks a cat’s back breaks a cat’s back. The man who breaks a man’s

back breaks an implied treaty.” To us, this terse saying of Mr.

Chesterton’s seemed to contain unintentionally the root of all cruelty

to animals, the quintessence of anthropocentric arrogance. The man who

breaks a cat’s back, breaks a cat’s back. Yes, and the scientist who

vivisects a dog, vivisects a dog; the sportsman who breaks up a hare,

breaks up a hare. That is all. The victims are not human. But it is a

distinction which has caused, in savage hands, the immemorial ill-usage

of the lower animals through the length and breadth of the world.

Perhaps the strangest of Mr. Chesterton’s charges against humanitarians

was one which he made in his book _Orthodoxy_, that their trend is “to

touch fewer and fewer things,” i.e. to abstain from one action after

another until they are left in a merely negative position. He failed to

see that while we certainly desire to touch fewer and fewer things with

whip, hob-nailed boot, hunting-knife, scalpel, or pole-axe, we equally

desire to get into touch with more and more of our fellow-beings by

means of that sympathetic intelligence which tells us that they are

closely akin to ourselves. Why, ultimately, do we object to such

practices as vivisection, blood-sports, and butchery? Because of the

cruelty inseparable from them, no doubt; but also because of the hateful

narrowing of our own human pleasures which these barbarous customs

involve. A recognition of the rights of animals implies no sort of

disparagement of human rights: this indeed was clearly indicated in the

sub-title of my book, _Animals’ Rights_ “considered in relation to

social progress.”

During the winter of 1895-96, a course of lectures on “Rights,” as

viewed from various standpoints--Christian, ethical, secularist,

scientific, theosophical, and humanitarian--was organized by the

Humanitarian League; and of these perhaps the most significant was Mr.

Frederic Harrison’s address on the ethical view, in which it was

maintained that “man’s morality towards the lower animals is a vital

and indeed fundamental part of his morality towards his fellow-men.” At

this same meeting some discussion arose on the far from unimportant

question of nomenclature, objection being taken to Mr. Harrison’s use of

the term “brute,” which he, on his part, defended as being

scientifically correct, and, in the sense of “inarticulate,” wholly void

of offence, even when applied to such highly intelligent beings as the

elephant, the horse, or the dog. Humanitarians, however, have generally

held that the meaning of the word “brute,” in this connection, is not

“inarticulate” but “irrational,” and that for this reason it should be

discarded, on the ground that to call an animal a brute, or irrational,

is the first step on the path to treating him accordingly. “Give a dog a

bad name,” says the proverb; and directly follows the injunction: “and

hang him.”

For like reasons the Humanitarian League always looked with disfavour on

the expression “dumb animals,” because, to begin with, animals are not

dumb, and secondly, nothing more surely tends to their depreciation than

thus to attribute to them an unreal deficiency or imperfection: such a

term may be meant to increase our pity, but in the long run it lessens

what is more important, our respect. In this matter the League was glad

to have the support of Mr. Theodore Watts-Dunton, who, as long ago as

1877, had written satirically in the _Athenæum_ of what he called “the

great human fallacy” conveyed in the words “the dumb animals,” and had

pointed out that animals are no more dumb than men are. Years afterwards

he wrote to me to inquire about the authorship of an article in the

_Humanitarian_ in which the same conclusion was reached, and expressed

his full sympathy with our point of view.

But much more difficult to contend with than any anti-humanitarian

arguments is the dull dead weight of that unreasoning prejudice which

cannot see consanguinity except in the conventional forms, and simply

does not comprehend the statement that “the animals” are our

fellow-beings. There are numbers of good and kindly folk with whom, on

this question, one never reaches the point of difference at all, but is

involved in impenetrable misapprehensions: there may be talking on

either side, but communication there is none. Tell them, in Howard

Moore’s words, that the non-human beings are “not conveniences but

cousins,” and they will answer, assentingly, that they are all in favour

of “kindness to animals”; after which they will continue to treat them

not as cousins but as conveniences. This impossibility of even making

oneself intelligible was brought home to me with great force, some years

ago, in connection with the death of a very dear friend, a cat, whose

long life of fifteen years had to be ended in the chloroform-box owing

to an incurable ailment. The veterinary surgeon whose aid I invoked was

an extremely kind man, for whose skill I shall always feel grateful; and

from his patience and sympathetic manner I thought he partly understood

what the occasion meant to me--that, like a human death-bed, it was a

scene that could never pass from the mind. It was, therefore, with

something of an amused shock that I recollected, after he had gone, what

I had hardly noticed at the moment, that he had said to me, as he left

the door: “You’ll be wanting a new pussy-cat soon.”

Richard Jefferies has remarked that the belief that animals are devoid

of reason is rarely held by those who themselves labour in the fields:

“It is the cabinet-thinkers who construct a universe of automatons.” One

is cheered now and then by hearing animals spoken of, quite simply and

naturally, as rational beings. I once made the acquaintance, in the Lake

District, of an old lady living in a roadside cottage, who had for her

companion, sitting in an armchair by the fire, a lame hen, named Tetty,

whom she had saved and reared from chicken-hood. Some years later, as I

passed that way, I called and inquired after Tetty, but learnt that she

was dead. “Ah, poor Tetty!” said the dame, as tears fell from her eyes;

“she passed away several months ago, quite conscious to the end.” That

to attribute to a dying bird the self-consciousness which is supposed to

be the special prerogative of mankind, should, to the great majority of

persons, appear nothing less than comical, is a measure of the width of

that gulf which religion has delved between “the beasts that perish” and

the Christian with his “soul” to save.

But it is not often that one hears of a case like that of Tetty: as a

rule, disappointment lurks in the hopes that flatter the humanitarian

mind. We had a neighbour in Surrey, an old woman living in an adjoining

cottage, who professed full adherence to our doctrine that cats should

not be allowed to torture captured birds. “I always take them away from

my cat: I can’t bear to see them suffering,” she said. We warmly

approved of this admirable sentiment. But then, as she turned aside, she

added quietly: “Unless, of course, they’re sparrows.”

A year or two ago the papers described a singular accident at a railway

station, where a cow got on the line and was wedged between the platform

and a moving train: the cow, we were told, was killed, “but fortunately

there was no personal injury”--a view of the occurrence which seemed, to

a humanitarian, still stranger than the accident itself.

Here, again, is an instance of unintended humour: “Homeward Bound” as

the title of a cheerful picture in which a bronzed sailor is represented

returning from the tropics, carrying--a caged parrot.

It is this traditional habit of regarding the lower animals not as

persons and fellow-beings, but as automata and “things,” that lies

behind the determined refusal to recognize that they have rights, and is

thus ultimately responsible for much of the callousness with which they

are treated. With this superstition the League was in conflict from the

first.

But perhaps some of my readers may still think that time spent on the

rights of animals is so much taken away from the great human interests

that are at stake. Let us help men first, they may argue, and then, when

mankind is righted, we can help the animals after. On the other hand,

there are some zoophilists who take the contrary view that men can help

themselves, and that it is the animals first and foremost who need aid

and protection. The League’s opinion was that both these arguments are

mistaken, and, for the same reason, viz. that, in our complex modern

society, all great issues of justice or injustice are crossed and

intermingled, so that no one cruelty can be singled out as the source of

all other cruelties, nor can any one reform be fully realized apart from

the rest. By “humanitarian” we meant one who feels and acts humanely,

not towards mankind only, or the lower animals only, but towards all

sentient life--one who adopts the Humanitarian League’s principle that

“it is iniquitous to inflict avoidable suffering on any sentient being.”

We did not regard as humanitarians, for example, those “philanthropic”

persons who, having made a fortune by commercial competition, in which

the depreciation of wages was a recognized method, afterwards gave back

a portion of their wealth in “charity.” This might, perhaps, be

philanthropy, but it did not seem to be quite humanity. Nor did we think

that the name “humanitarian” should be given to those zoophilists or

animal lovers who keep useless and pampered animals as pets and

playthings, wasting on them time and money which might be better spent

elsewhere, and indeed wasting the lives of the animals themselves, for

animals have their own lives to live as men have.

Perhaps the most able of all vindications of humane principles is that

contained in Mr. Howard Moore’s _The Universal Kinship_, published by

the League in 1906. It was through a notice which I wrote in the

_Humanitarian_ of an earlier book of his, _Better-World Philosophy_,

that the League first came into association with him; and I remember

with shame that when that “sociological synthesis,” as its sub-title

proclaimed it to be, first came into my hands, I nearly left it unread,

suspecting it to be but the latest of the many wearisome ethical

treatises that are a scourge to the reviewer, to whom the very word

“sociology” or “synthesis” is a terror. But fortunately I read the book,

and quickly discovered its merits; and from that time, till his death in

1916, Howard Moore was one of the truest and tenderest of our friends,

himself prone to despondency and, as his books show, with a touch of

pessimism, yet never failing in his support and encouragement of others

and of all humanitarian effort. “What on earth would we Unusuals do, in

this lonely dream of life,” so he wrote in one of his letters, “if it

were not for the sympathy and friendship of the Few?”

Howard Moore died by his own hand (he had good reason for his action);

and the timorous attitude which so many people adopt towards suicide was

shown in the silence on this point which was maintained in most of the

English zoophilist journals which mentioned his death: one editor hit

upon the sagacious announcement that “he died very suddenly,” which

deserves, I think, to be noted as a consummate instance of how the truth

may be truthfully obscured.

In _The Universal Kinship_, Howard Moore left to humanitarians a

treasure which it will be their own fault if they do not value as it

deserves. There is a tendency to forget that it is to modern

evolutionary science that the ethic of humaneness owes its strongest

corroboration. The physical basis of the humane philosophy rests on the

biological fact that kinship is universal. Starting from this admitted

truth, Moore showed, with much wealth of argument and epigram, that the

supposed psychical gulf between human and non-human has no more

existence, apart from the imagination of man, than the physical gulf

which has now been bridged by science. The purpose of our movement was

admirably stated by him: “to put science and humanitarianism in place of

tradition and savagery.” It was with that aim in view that our League of

Humaneness had been formed.

X

TWENTIETH-CENTURY TORTURES

Why not bring back at once the boot, the stake, and the

thumbscrew?--PROFESSOR LAWSON TAIT.

It is among the proudest boasts of this country that torture is not

permitted within its borders: “Torture,” wrote Macaulay, “was inflicted

for the last time in the month of May, 1640.” But pleasant though it is

to think that it was in the beautiful springtime that the barbarous

practice came to an end, this is unfortunately one of the cases in which

our people allow themselves to be beguiled and fooled by very

transparent quibbles; for a few minutes’ thought would suffice to

convince the most complacent of Britons that while some specialized

forms of judicial torture have been abandoned, other tortures, some of

them not less painful and fully as repulsive, are being inflicted to

this day--nearly three hundred years after the glorious date of

abolition. For if “torture,” as etymology and the dictionaries and

common usage tell us, means nothing more or less than the forcible

infliction of extreme pain, it is not a technicality but an absurdity to

pretend that it finds no place among twentieth-century institutions.

Flogging is torture in a most literal sense, and in one of its grossest

shapes: the “cat,” as Mr. G. K. Chesterton has well said, is “the rack

without any of its intellectual reasons.”[28] The horror of the old

naval and military lashings is within the memory of many officers who

were compelled to witness them: how is the punishment any less savage in

its nature because it is now administered in a less severe degree, and

on men convicted of robbery with violence or some breach of prison

discipline? In one of the Parliamentary debates of November, 1912, a

Member who had been invited by the Home Secretary to examine the “cat,”

gave it as his opinion that “if _that_ is not torture, then I do not

know what torture is.”

In the gloomiest but most impressive of his stories, _The Island of Dr.

Moreau_, Mr. H. G. Wells has represented his savage “beast-folk” as

monotonously chanting a certain “idiotic formula” about the

infallibility of “the Law.” With nothing more fitly than with this can

be compared the undying legend, now over half a century old, that

“garrotting was put down by the lash.” It is not often that a popular

fallacy, however erroneous it may be, can be actually disproved; but in

this particular case such refutation was possible, in the certified fact

that the garrotting “epidemic” of 1862 had been suppressed by the

ordinary law _before_ flogging for that offence was legalized. For many

years the Humanitarian League issued a public challenge on the subject,

and made the facts known in thousands of press letters; the challenge

was quietly ignored, and the false statement repeated, till it was plain

that, as De Quincey remarked, “rarer than the phœnix is that virtuous

man who will consent to lose a prosperous story on the consideration

that it happens to be a lie.” One such virtuous man, however, and one

only, was found, namely, Mr. Montague Crackanthorpe, who actually

recanted the statement which he could not substantiate.[29] In view of

his unique candour, it was suggested after his death that a statue

should be erected to his memory.

Very different from the course taken by Mr. Crackanthorpe was the

action of Sir Alexander Wood Renton, of the Supreme Court of Ceylon,

who, in an article on “Corporal Punishment,” introduced into the

_Encyclopædia Britannica_ of 1910 that very garrotting legend from which

it had previously been kept free, and made the further mistake of giving

the date of the Flogging Act of 1863 as 1861, thus lending to his

blunder a misleading appearance of plausibility. When called to account,

he was content to maintain a masterly silence--more eloquent than

words--and to allow his misstatement, unacknowledged and uncorrected, to

continue to keep alive a prevalent superstition. Can it be wondered that

such fallacies persist, when a Chief Justice will thus lie low rather

than admit himself at fault?

It is an amusing fact, and far too little known, that the text which has

long lent a sanctity to the use of corporal punishment, is not taken, as

supposed, from the _Proverbs_ of Solomon, but from a passage, and a

rather unseemly one, in Butler’s _Hudibras_ (1663):[30] this, however,

is as it should be, for it is fitting that an indecent practice should

claim authority from an indecent source. Thus encouraged, and with this

divine precept in their thoughts, parents and schoolmasters, and

magistrates, and judges, and all governors and rulers, have felt that in

wielding the rod they were discharging a religious obligation, and not,

as might otherwise have been suspected, gratifying some very primitive

instincts of their own. For “the Wisdom of Solomon” has been quoted as

our guide, in the correction of the old as well as of the young; indeed,

as a writer in the _People_ sagely remarked, “the older the evildoer,

the more his need of the birch.” On this principle, aged vagrants have

on various occasions been sentenced to be corrected with the rod; but

it is to the young that the blessings of the birch more properly

belong.

Our British boys, from shore to shore,

Two priceless boons may find:

The Flag that’s ever waved before,

The Birch that’s waved behind.

In its campaign against flogging in the Royal Navy, the Humanitarian

League gained not only a considerable success, but an amount of

entertainment which of itself would have more than repaid the labour

expended on the work. To begin with, there was the technical quibble,

very characteristic of officialdom, that though the backs of boys, or

rather of young men, might be cut into ribbons with the birch, there was

no “flogging” in the Navy, for “flogging” meant the infliction not of

the birch but of the “cat.” With Mr. Swift MacNeill conducting the

attack in the House of Commons, it may be imagined that such

prevarications--and there were many similar instances--fared but badly;

and it was no surprise when “these degrading practices,” as Sir Henry

Campbell-Bannerman described them, were brought to an end in 1906,

though the use of the cane, to the discredit of the Admiralty, is still

permitted and defended.

In this long controversy the League was brought into conflict with all

sorts of opponents, among them several Admirals, of whom the “breeziest”

were the Hon. V. A. Montagu and Sir William Kennedy. With the latter

especially we had great fun, as we found in him an antagonist of the

utmost heartiness and good humour. “Of what use is it,” he wrote to me,

“sending me all this rubbish, except to fill the waste-paper basket? I

don’t care a damn for Admiral----’s opinion.” On another occasion he

sent me a formal challenge to meet him “at any time and place, when

pistols and coffee will be provided.” At a later date we had his

support, equally emphatic, in our protest against the practice of

feeding snakes on live prey at the “Zoo.”

Other friends, too, helped to lend gaiety to a rather dismal subject.

Among those who actively co-operated with the League was a commercial

traveller, who was deeply versed in the various laws relating to

corporal punishment, and who, as he once confided to me, had been in the

habit of working locally as a sort of freelance and Bashi-Bazouk. He had

made a practice, for example, of writing “How about the Birch?” on the

Admiralty’s printed notices in which boys were invited to reap the

benefits of joining the Navy; and this had touched so sore a point that

the advertisements in question had at length been put within glass

frames. Another of his little jokes was to write to private

schoolmasters, saying that he had a son whom he was about to send to

school (which was true), and asking whether they could guarantee that

there would be no corporal punishment. Several masters responded

favourably, but as the boy could not be sent to more than one place of

education, these worthy folk were deprived of their _quid pro quo_; in

the end, however, a nemesis fell upon their betrayer, for once, when he

had just returned home after a long journey, tired, and wanting above

everything his tea, who should be announced but one of those very

pedagogues with whom he had been in communication. He too had travelled

some distance, rather than miss the chance of a pupil, and, having

“ideas” on the subject of corporal punishment, had come, as he said, for

“a good talk.” “I could have eaten him,” was our friend’s remark.

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