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which is now admitted before " pardon-' eth," should therefore be expunged. The construction is similar to that adopted by the translators of the Bible, in 1 Sam. xvii. 37. "The Lord God, that delivered me out of the paw of the lion, and out of the paw of the bear, he will deliver me out of the hand of this Philistine." It is probable, that, by some typographical error, the punctuation has been altered, by substituting the period for the comma; and that the practice which has till lately obtained of writing the initials of pronouns with capital letters, has misled the reader, and introduced the present inaccurate reading.

Mr. Sheridan, whose remarks on the sense of the liturgy are generally correct, has not observed the grammatical impropriety of this sentence; but has prescribed a form which sanctions the established manner of reading it. Your's, &c.

Newbury, May 11, 1809.

WM. ALLEN.

For the Monthly Magazine.
The SPEECH of LORD ERSKINE, in the
HOUSE of PEERS, on the second READ-
ING of the BILL for preventing mali-
cious and wanton CRUELTY to ANIMALS.
-Taken in SHORT HAND.*
MY LORDS,

1

AM now to propose to the humane consideration of the House, a subject which has long occupied my attention, and which I own to your Lordships is very near my heart.

The Publisher of this Magazine conceives that no apology will be requisite, on bis pait, for the pains he has taken to procure a correct copy of it, and for presenting

the same to the world.

The principles of sound morality and humane policy, which this speech contains, cannot be too widely disseminated; and they may be the means, in this shape, of producing an effect on the feelings and practices of mankind, nearly equal to that proposed by legislative regulations. At the same time the sanction of law can never be more usefully bestowed, than in giving weight to doctrines which are frequently at variance with the prejudices and passions of mankind.

On the whole, it may be asserted, that condensed view of this speech contains such the arguments in favour of a mid and humare treatment of the brute creation,, as to claim a general introduction into families and seminaties of education, and to deserve circulation among the lower classes of suciety by the clergy, and by all moral and picu per

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It would be a painful and disgusting detail, if I were to endeavour to bring before you the almost innumerable instances of cruelty to animals, which are daily occurring in this country, and which, unfortunately, only gather strength by any efforts of humanity in individuals to repress them, without the aid of the law.

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These unmanly and disgusting outmost frequently perpetrated by the basest and most worthless; incapable, for the most part, of any reproof which can reach the mind, and who know no more of the law, than that it suffers them to indulge their savage dispositions with impunity.

Nothing is more notorious, than that it is not only useless, but dangerous, to poor suffering animals, to reprove their oppressors, or to threaten then with pu nishment. The general answer, with the addition of bitter oaths and increased cruelty, is, "What is that to you?

If the offender be a servant, he curses you, and asks, if you are his master? and if he be the master himself, he tells you that the animal is his own, Every one of your Lordships must have witnessed scenes like this. A noble Duke, whom I do not see in his place, told me only two days ago, that he had lately received this very answer. The validity of this most infamous and stupid defence, arises from that defect in the law which I seek to remedy. Animals are considered as property only-To destroy or to abuse them, from malice to the proprietor, or with an intention injurious to his interest in them, is criminal; but the animals themselves are without protec tion-the law regards them not substan tively-they have no rights!

I will not stop to examine, whether public cruelty to animals may not be, under many circumstances, an indictable offence: I think it is, and if it be, it is so much the better for the argument I am about to submit to your Lordships. But if even this were clearly so, it would fall very short of the principle which I mean anxiously and earnestly to invite the House to adopt. I am to ask your Lordships, in the name of that God who gave to man his dominion over the lower world, to acknowledge and recognize that dominion to be a Moral Trust. It is a proposition which no man living cha deny, without denying the whole foundation of our duties, and every thing the Bill proposes will be found to be” nhéo

lutely

lutely corollary to its establishment; except, indeed, that from circumstances in evitable, the enacting part will fall short of that which the indisputable principle of the preamble would warrant.

Nothing, my Lords, is, in my opinion, more interesting than to contemplate the helpless condition of Man, with all his godke faculties, when stripped of the aids which he receives from the numerous classes of inferior beings, whose qualities, and powers, and instincts, are admirably and wonderfully constructed for his use. If, in the examination of these qualities, powers, and instincts, we could discover nothing else but that admirable and wonderful construction for man's assistance; if we found no organs in the animals for their own gratification and happinesss no sensibility to pain or plea sure-no grateful sense of kindness, nor suffering from neglect or injury-no senses analogous, though inferior to our own: if we discovered, in short, nothing but mere animated matter, obviously and exclusively subservient to human purposes, it would be difficult to maintain that the dominion over them was a trust; in any other sense, at least, than to make the best use for ourselves of the property in them which Providence had given us. But, my Lords, it calls for no deep or extended skill in natural history, to know that the very reverse of this is the case, and that God is the benevolent and impartial author of all that be has created. For every animal which comes in contact with man, and whose powers, and qualities, and instincts, are obviously constructed for his use, Nature has taken the same care to provide, and as carefully and bountifully as for man himself, organs and feelings for its own enjoyment and happiness. Almost every sense bestowed upon man is equally bestowed open them-seeing, hearing, feeling, thinking, the sense of pain and pleasure, the passions of love and anger, sensibiHry to kindness, and pangs from unkind ness and neglect, are inseparable characteristics of their natures, as much as of our own. Add to this, my Lords, that the justest and tenderest consideration of this benevolent system of Nature, is not only consistent with the fullest domi Bion of man over the lower world, but establishes and improves it. In this, as in every thing else, the whole moral sys. tem is mculcated by the pursuit of our own happiness. In this, as in all other things, our duties and our interests are inseparable. J defy any man to point

out any one abuse of a brute which is property, by its owner, which is not darectly against his own interest. Is it possible then, my Lords, to contemplate this wonderful arrangement, and to doubt, for a single moment, that our dominion over animals is a trust? They are created indeed for our use, but not for our abuse: their freedom and enjoyments, when they cease to be consistent with our just dominion and enjoyments, can be no part of their natures; but whilst they are consistent, their rights, subservient as they are, ought to be as sacred as our own. And although certainly, my Lords, there can be no law for man in that respect, but such as he makes for himself, yet I cannot conceive any thing more subline, or interesting, more grateful to Heaven, or more beneficial to the world, than to see such a spontaneons restraint imposed by man upon himself.

This subject is most justly treated by one of the best poets in our language. Mr. Cowper, in the Task, says :-

"The sum is thisIf man's convenience, health, or safety Inter.ere, his rights and claims are paramount, And must extinguish their's, else they are all"-

He then proceeds in a most affecting and sublime appeal to our humanity and justice. I have not a sufficient recol lection of it, and I will not destroy the effect of it by misrepeating it.

The same subject is touched upon, in most eloquent prose, in the theological works of Mr. Jones, which were put into my hands the other day, by my worthy and excellent friend at your table.

[Here Lord Erskine read, an extract.]

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Mr. Young, of Trinity College, Cambridge, bas also published an excellent treatise on the subject; and many of the most worthy and respectable of the clergy have done honour to their sacre functions, by impressing upon their can gregations the divine command, as it regards this important duty.

Every other branch of our duties, when subject to frequent violation, has beca recognized and inculcated by our laws, and the breaches of them repressed by puni-hments; and why not in this, where our duties are so important, so universally extended, and the breaches of them so frequent and so abominable?

But in what I am proposing to your Lordships, disinterested virtue, as in all other cases, will have its own sertain re

ward.

ward. The humanity you shall extend to the lower creation will come abundantly round in its consequences to the whole human race. The moral sense which this law will awaken and inculcate, cannot but have a most powerful effect upon our feelings and sympathies for one another. The violences and out rages committed by the lower orders of the people, are offences more owing to want of thought and reflection, than to any malignant principle; and whatever, therefore, sets them a-thinking upon the duties of humanity, more especially where they have no rivalries nor resentments, and where there is a peculiar generosity in forbearance and compassion, has an evident tendency to soften their natures, and to moderate their passious, in their dealings with one another.

The effect of laws which promulgate a sound moral principle is incalculable; I have traced it in a thousand instances, and it is impossible to describe its value. My Lords, it was in consequence of these simple views, and on those indisputable principles, that I have framed the preamble of the very short Bill which I now present for a second reading to the House. I night, without preamble or preface, have proposed at once to enact, if not to declare wilful and wanton cruelty to the animals comprehended in it to be a misdemeanor, looking, as I now do, to the Commons to enforce the sanction of the law by pecuniary penalties. But then the grand efficacious principle would have been obscured; which, if fortunately adopted by your Lordships, will enact this law as a spontaneous rule in the mind of every man who reads it which will make every human bosom a sanctuary against cruelty-which will extend the influence of a British statute beyond even the vast bounds of British jurisdiction; and consecrate, perhaps, in all nations, and in all ages, that just and eternal principle, which binds the whole living world in one harmonious chain, under the dominion of enlightened man, the lord and governor of all.

I will now read to your Lordships the preamble as I have framed it.

"Whereas it has pleased Almighty God to subdue to the dominion, use, and comfort of man, the strength and faculties of many useful animals, and to provide others for his food; and whereas the abuse of that dominion, by cruel and oppressive treatment of such animals, is not only highly unjust and inmoral, but most pernicious in its example, having an

evident tendency to harden the heart against the natural feelings of humanity.”

This preamble may be objected to as too solemn and unusual in its language; but it must be recollected, that the subject of the Bill is most peculiar and unusual; and it being impossible to give practicable effect to the principle in its full extent, it became the more necessary, in creating a duty of imperfect obligation, where legal restraints would be in efficacious or impossible, to employ lan guage calculated to make the deepest impression upon the human inind, so as to produce, perhaps, more than the effect of law, where the ordinary sanctions of law were wanting.

It may be now asked, my Lords, why, if the principle of the Bill be justly unfolded by this preamble, the enacting part falls so very short of protecting the whole animal world, or at all events those parts of it which come within the reach of man, and which may be subject to abuse. To that I answer-It does protect them to a certain degree, by the very principle which I have been submitting to your consideration, and to protect them further, would be found to be attended with insurmountable difficulties, and the whole bill might be wrecked by an impracticable effort to extend it. But I shall be happy to follow others in the attempt. The Bill, however, as it regards all animals, creates a duty of imperfect obligation; and your Lordships are very well aware, that there are very many, and most manifest and important moral duties, the breaches of which human laws cannot practically deal with, and this I fear will be found to be the case in the subject now under consideration.

Animals living in a state of nature would soon over-run the earth, and eat up and consume all the sustenance of man, if not kept down by the ordinary pursuits and destruction of them, by the only means in which they can be kept down and destroyed; and it is remarka ble, that other animals have been formed by Nature, with most manifest instincts to assist us in this necessary exercise of duminion; and, indeed, without the act of man, these animals would them selves prey upon one another, and thus be visited by death, the inevitable, lot of all created things, in more painfal and frightful shapes. They have, be sides, no knowledge of the future, and their end, when appropriated fitly for our food, is without prolonged suffering. This economy of Providence, as it re

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gards animals, which from age to age have lived in an unreclaimed state, devoted to the use of man and of each other, may serve to reconcile the mind to that mysterious state of things in the present fallen and imperfect condition of the world.

This state of wild animals is further strikingly illustrated, by the view of such of them as have been spared from the human huntsinan, or the more uuinerous tribes of animals of prey. They are swept away by the elements in hard winters, retiring as most of them do, to a solitary, protracted, and painful death. Old age, my Lords, even amongst men, is but a rare blessing; amongst such brutes, perhaps, never. Old age can only be supported in comfort by that aid and tenderness from others, arising from the consciousness of those ties of nature, which it has not pleased the Divine Providence to dispense to the lower world; but which, as the greatest of all blessings, it has communicated to man. When the brates have fulfilled their duties to their young for their protection, they know them no more, and die of old age, or cold, or hunger, in view of one another, without sympathy or mutual assistance, or comfort.

It is the same, to a certain extent, with regard to those reclaimed animals devoted to man's use for food, whose faculties, as far as our observation is capable of a just comparison, approach nearer to human reason. The old age even of such animals, for the reasons adverted to, would seldom be satisfactory. When they pass, therefore, from life to death, in a manner which gives them no fore-taste of their doom, and consequently no sense of pain or sorrow in the road to it, the ways of God are justified to man.

The Bill, therefore, as it regards wild animals, could not easily have been framed for practicable operation, except by sanctioning as it does the principle of the preamble, which will, I trust, insensibly extend its influence to the protection of every thing that has life; by bringing habitually into the view of the mind the duties of imperfect obligation whichit inculcates; and with regard to animals bred by man, or reclaimed for food, it will directly protect them against the cruelties which are generally committed on them, viz. the unmercifully driving them and beating them on their passage to fairs and mar kets, and against unnecessary sufferings in the hour of death.

MONTHLY MAG. No. 186.

Before I leave this part of the subject, I think it right to advert to the practice of bull-baiting. I did not intend to have touched on it, but as I find that some who support the principle of this Bill, feel a difficulty as it regards this practice, it becomes necessary to consider how it will be affected by its operation.

A Bill was brought into the House of Commons, whilst I had the honour of a seat there, to repress this practice, but not upon the true principle. The framers of it were, I am persuaded, actuated by motives of humanity; but they mixed with it very laudable objects of human policy, which rather obscured the principle of protection to the animals. One great object of the Bill, and it was laudable on that account, was to put an end to sports, which led away the servants and labourers of manufacture and husbandry from the service of their masters.

The attack upon bull-baiting coming in this questionable shape, it was defended as politic, by talents capable of defending any thing; but talents (I am ready to admit) posssessed by a person of as humane and feeling a mind as ever distinguished any man-a man, besides, of a most beautiful genius, and whom I have always esteemed and honoured. The truth is, my Lords, that the matter was never fairly presented to his heart, and his intellect had got a wrong bias upon the subject. I shall not, however, come in contact with my excellent friend in his different view of this subject.

This Bill says not a word about bullbaiting. I only include a bull in my ca talogue of protected animals. They, therefore, who support the practice, may still support it successfully, if they can convince a Court and Jury, and the other Magistracies of their countrymen, that it does not fall within the description of wilful and wanton cruelty; and if that shall be the general feeling of courts and magistrates on the subject, the tice will cease to be supported.

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As to the tendency of barbarous sports of any kind or description whatsoever, to nourish the national characteristic of manliness and courage, the only shadow of argument I ever heard upon such occasions, all I can say is this: that, from the mercenary battles of the lowest of beasts (viz. human boxers) up to those of the highest and noblest that are tormented by man for his de

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grading pastime, I enter this public protest against it. I never knew a man remarkable for heroic bravery, whose very aspect was not lighted up by gentleness and humanity; nor a kill him and eat him countenance, that did not cover the beart of a bully, or a poltroon,

As to other reclaimed animals, which are not devoted to our use as food, but which are most wonderfully organized to assist man in the cultivation of the earth, and by their superior activity and strength, to lessen his labour in the whole circle of his concerns, different protections become necessary, and they are also provided for by the Bill, and without the loss or abridginent of any one right of property in such animals. On the contrary, all its provisions protect them, as property, from the abuses of those to whose care and government their owners are obiged to commit them. They also reach the owners themselves, if, from an inordinate desire of gain, or other selfish consideration, they abuse the animals, their property in which is limited to the use.

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It would be wasting your Lordships' time, if I were to enumerate the probable cases which this part of the Bill will com prehend. It is well observed by an Ita lian philosopher, that no man de sires to hear what he has already seen." Your Lordships cannot have walked the streets, or travelled on the roads, without being perfectly masters of this part of the subject. You cannot but have been almost daily witnesses to most disgusting cruelties practised upon beasts of carriage and bur then, by the violence and brutality of their drivers. To distinguish such bruta lity and criminal violence, from severe, but sometimes necessary discipline, may at first view appear difficult, and on that account a serious objection to the Bill; but when I come to that part of the subject, I pledge myself to shew that it involves no difficulty whatsoever. But there are other abuses far more frequent and important, which will require a more particular consideration. For one act of cruelty in servants, there are an hundred in the owners of beasts of labour and burthen, sometimes committed by the owners alone, from a scandalous desire of gain, and sometimes in a most unworthy partnership with their superiors, who are equally guilty, with no gain at all, nor for any motive that it would not be disgraceful to acknowledge. I allude, my Lords, to our unhappy posthorses. It is not my wish, my Lords, to

be a fanciful reformer of the world, nor to exact that the manners and customs of a highly-civilized nation should be brought to the standard of simplicity and virtue, if indeed such a standard ever existed upon earth. I do not seek to appoint inspectors to examine the books of innkeepers, so as to punish any excess in the numbers of their stages, as you do an excess of outside passengers on the roofs of coaches. I know there are very many cases (which could not be brought strictly within the scope of necessities) where these poor animals must grievously suffer, yet where no law can properly reach to protect thein. The demands, though not imminent, of human health, and even of convenience; the occasional exigencies of commerce; the exercise of franchises; and many other cases which must occur to every hody, would furnish obvious exceptions without violation of the principle, and which every court and magistrate would know how to distinguish. But the Bill, if properly executed, would expose innkeepers to a reasonable punishment, who will palpably devote an innocent animal to extreme misery, if not to death itself, by a manifest and outrageous excess of labour, rather than disoblige a mere traveller, engaged in no extraordinary business, lest in future he should go to the inn opposite-when the law shall give a rule for both sides of the way, this most infamous competition will be at an end.

For my own part, my Lords, I can say with the greatest sincerity to your Lordships, that nothing has ever excited in my mind greater disgust, than to observe what we all of us are obliged to see every day in our lives, horses pantingwhat do I say! literally dying under the scourge; when, on looking into the chaises, we see them carrying to and from London men and women, to whom, or to others, it can be of no possible signification whether they arrive one day sooner or later, and sometimes indeed whether they ever arrive at all. More than half the post-horses that die from abuse in harness, are killed by people, who, but for the mischief I am complaining of, would fall into the class described by Mr. Sterne, of simple or harmless travellers, galloping over our ads for neither good nor evil, but to fill up the dreary blank in unoccupied life. I can see no reason, why all such travellers should not enden vour to overcome the ennui of their lives, without killing poor animals, tore innocent and more useful than themselves.

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