John Lawrence
A Philosophical and Practical Treatise on the Horse, and on the Moral Duties of Man Towards the Brute Creation
Rights of Beasts
「1796」 John Lawrence, “On the Rights of Beasts,” in vol. 1 of A Philosophical and Practical Treatise on the Horse, and on the Moral Duties of Man Towards the Brute Creation 「Gooogle Books」, 2 vols. (London, 1796-1798) 117-163.
Can there be one kind of justice for men, and another for brutes? Or is feeling in them a different thing to what it is in ourselves? Is not a beast produced by the same rule, and in the same order of generation with ourselves? Is not his body nourished by the same food, hurt by the same injuries; his mind actuated by the same passions and affections which animate the human breast; and does not he also, at last, mingle his dust with ours; and in like manner surrender up the vital spark to the aggregate, or fountain of intelligence? Is this spark; or soul, to perish because it chanced to belong to a beast? Is it to become annihilate? Tell me, learned philosophers, how that may possibly happen. (119-20)
The grand source of the unmerited and superfluous misery of beasts, exists, in my opinion, in a defect in the constitution of all communities. No human government, I believe, has ever recognized the jus animalium, which surely ought to form a part of the jurisprudence of every system, founded on the principles of justice and humanity. The simple right of these four-legged, and mute citizens, hath already been discussed. Experience plainly demonstrates the inefficacy of mere morality to prevent aggression, and the necessity of coercive laws for the security of rights. I therefore propose, that the Rights of Beasts be formally acknowledged by the state, and that a law be framed upon that principle, to guard and protect them from acts of flagrant and wanton cruelty, whether committed by their owners or others. (123)
On the Rights of Beasts
E’en the poor beetle, that we tread upon,
In corporal suff’rance feels a pang as great,
As when a giant dies___________
NOTWITHSTANDING the constant and professed aversion of a considerable part of mankind, to the discussion of abstract principles, it appears to me an axiom, that truth, be whatever the subject, is to be discovered by [118] no other mean; and that they who form a judgment upon a less laboured process, will obtain only a superficial knowledge, which may urge them to determinations, in opposition to the laws of justice and humanity, and to the general interests of society, with which their own must be necessarily involved. This observation applies materially to the subject before us. The barbarous, unfeeling, and capricious conduct of man to the brute creation, has been the reproach of every age and nation. Whence does it originate? How happens it, that so large a portion of cruelty remains to tarnish the glory of the present enlightened times, and even to sully the English character, so universally renowned for the softer feelings of humanit ? We are to search for the cause of this odious vice, rather in custom, which flatters the indolence of man, by saving him the trouble of investigation, and in the defect of early tuition, than in a natural want of sensibility in the human heart, or in the demands of human interest.
It has ever been, and still is, the invariable custom of the bulk of mankind, not even excepting legislators, both religious and civil, to look upon brutes as mere machines; animated yet without souls; endowed with feelings, but utterly devoid of rights; and placed without the pale of justice. From these supposed defects, [119] and from the idea, ill understood, of their being created merely for the use and purposes of man, have the feelings of beasts, their lawful, that is, natural interests and welfare, been sacrificed to his convenience, his cruelty, or his caprice.
It is but too easy to demonstrate, by a series of melancholy facts, that brute creatures are not yet in the contemplation of any people, reckoned within the scheme of general justice; that they reap only the benefit of a partial, and inefficacious kind of compassion. Yet it, is easy to prove, by analogies drawn from our own, that they also, have souls; and perfectly consistent with reason, to infer a gradation of intellect, from the spark which animates the most minute mortal exiguity; up to the sum of infinite intelligence, or the general soul of the universe. By a recurrence to principles, it will appear, that life, intelligence, and feeling, necessarily imply rights. Justice, in which are included mercy, or compassion, obviously refer to sense and feeling. Now is the essence of justice divisible? Can there be one kind of justice for men, and another for brutes? Or is feeling in them a different thing to what it is in ourselves? Is not a beast produced by the same rule, and in the same order of generation with ourselves ? Is not his body nourished by the same food, hurt by the same injuries; his mind actuated 「120」 by the same passions and affections which animate the hunan breast; and does not he also, at last, mingle his dust with ours; and in like manner surrender up the vital spark to the aggregate, or fountain of intelligence? Is this spark; or soul, to perish because it chanced to belong to a beast ? Is it to become annihilate? Tell me, learned philosophers, how that may possibly happen.
If you deny unto beasts their rights, and abandon them to the simple discretion of man, in all cases, without remedy, you defraud them of those benefits and advantages, acceded to them by nature herself, and commit a heinous trespass against her positive ordinances, as founded on natural justice. You deprive them, in a great measure, even of compassion. But previous to an attempt. to vindicate the rights of animals, it is no doubt necessary to determine, specifically, in what they consist They arise then, spontaneously, from the conscience, or sense of moral obligation in man, who is indispensibly bound to bestow upon animals, in return for the benefit he derives from their services, “good and sufficient nourishment, comfortable shelter, and merciful treatment; to commit no wanton outrage upon their feelings, whilst alive, and to put them to the speediest and least painful death, when it shall be necessary to deprive them of life.” It is a lamentable [121] truth, that the breach of these obligations, has ever been attended with impunity here; but if we suppose that such will be the case hereafter, the very foundation of the doctrine of future rewards and punishments is at once swept away. La morte est sommeil eternel. We may as well, at once, adopt the imperfect principle of Diderot, who, in his Jean le Fataliste, instructs us, that “could we take a view of the chain of causes and effects which constitutes the life of an individual, from the first instant of his birth to his last breath, we should be convinced that he has done no one thing, but what he was necessarily compelled to do.”
I am aware of a small sect of Bramins among us, who are disposed to proceed a step beyond me, and to deny that nature has conferred any such right on man, as that of taking the lives of animals, or of eating their flesh. These, I suppose, are the legitimate descendants of the saints of Butler’s days, who were for
_ abolishing black-pudding,
And eating nothing with the blood in.
Certain philosophers there are also, in Paraguay (if travellers may be depended upon) who will not eat sheep, lest they should get children covered with wool; a very rational apprehension, a priori, no doubt. Noxious and dangerous animals, I suppose, are included in this system 「122」 of extreme sensibility; and in order to carry it to full perfection, it would become necessary to build hospitals for lice and fleas. It is true, every custom, however ancient or universally established, ought to be subject to the tribunal of reason and this, of killing and feeding upon the flesh of animals will, I apprehend, abide the severest scrutiny. Nature herself, by rendering it necessary, has established the legality of putting a period to harmful or useless existence; she has also established the carnivorous system upon the same foundation; and the pretended superior salubrity to man, of feeding entirely upon the fruits of the earth, is warranted by neither reason nor experience. By the scheme of universal providence, the services between man and beast are intended to be reciprocal; and the greater part of the latter can by no other means requite human labour and care, than by the forfeiture of life. Were it not permitted to man to destroy animals, it is evident they would overstock the earth; and in numberless cases, it is an as of mercy to take their lives.
Thus much for the theory of right, in animals; which, I trust, will not be controverted by those of sound minds, and feeling hearts, to whom this chapter is more particularly addressed. But the bare acknowledgment of the right, will be but of small avail to the unfortunate 「123」 objects of our solicitude, unless some mode of practical remedy can also be deviled. On that head I shall venture to deliver my sentiments.
The grand source of the unmerited and superfluous misery of beasts, exists, in my opinion, in a defect in the constitution of all communities. No human government, I believe, has ever recognized the jus animalium, which surely ought to form a part of the jurisprudence of every system, founded on the principles of justice and humanity. The simple right of these four-legged, and mute citizens, hath already been discussed. Experience plainly demonstrates the inefficacy of mere morality to prevent aggression, and the necessity of coercive laws for the security of rights. I therefore propose, that the Rights of Beasts be formally acknowledged by the state, and that a law be framed upon that principle, to guard and protect them from acts of flagrant and wanton cruelty, whether committed by their owners or others. As the law stands at present, no man is punishable for an act of the most extreme cruelty to a brute animal, but upon the principle of an injury done to the property of another; of course the owner of a beast has the tacit allowance of the law to insist upon it, if he shall so please, the most horrid barbarities. If such enormities had never been, or were not 「124」 now too frequently perpetrated, these speculations had never seen the light.
In the trial of William Parker ( July sessions, 1794) for tearing out the tongue of a mare, Mr. Justice Heath said, “In order to convict a man for barbarous treatment of a beast, it was necessary it should appear, that he had malice towards the prosecutor.” Thus we see, had the mare been the property of this fiend, he had escaped punishment. In November, 1793, two Manchester butchers were convicted in the penalty of twenty shillings each, for cutting off the feet of living sheep, and driving them through the streets. Had the sheep been their own property, they might, with impunity, either have dissected them alive, or burned them alive; particularly, if in imitation of certain examples, they could have made any allegation of profit. A butcher, in * * * * street, has been more than once seen to hang a poor calf up alive, with the gambrill stuck through its sinews, and the rope thrust through its nostrils, until the bleating of the tortured animal has disturbed the neighbourhood. But who shall prevent this man, seeing he does but torture his own property, for his own amusement and satisfaction ? Whilst I am writing this, I have received information of a poor horse’s tongue having been cut out, and of several cattle having 「125」 been hamstrung, and otherwise treated with the most diabolical cruelty.
It results from such premises, that unless you make legal and formal recognition of the Rights of Beasts, you cannot punish cruelty and aggression, without trespassing upon right of property. Divet property of the usurped and fictitious addition to its right, and you have the means of protecting animals, and securing the dearest interests of morality.
A law of this nature would effectually sweep away all those hellish nuisances, miscalled sports; such as the baiting and torturing animals to death, throwing at cocks, hunting tame ducks, sometimes with a wretched owl fastened to their backs, eating live cats, and the like; in which savage exercitations, the unnatural and preposterous idea is fostered and encouraged, that one animal can derive sportive and pleasing sensations, from witnessing the lingering tortures and excruciated sensibility of another. An idea in which human reason is totally overset by barbarous custom; and a signal one, among innumerable proofs, of the necessity of a perpetual recourse to first principles.
No true and lawful, that is to say, rational, useful, and delightful sports, would be interrupted by this regulation, but rather confirmed, illustrated, and improved. No right of property would be infringed in the smallest degree. 「126」 The manners of a people are necessarily formed by the government under which they live; and an injunction proceeding from such high authority, in support of natural justice, and in favour of the helpless and unoffending part of the creation, would, in process of time, have the happiest influence upon the feelings and moral conduct of men. It would be the first step towards those auxiliary measures necessary to render the system of humanity effectual and complete; which are, to make the rights of beasts a material branch of education, and to afford a sanction to those who are emulous to stand forward volunteers in the noble cause of justice and mercy.
It is now necessary to attend to the practical part of the subject, to adduce such examples as experience and recollection may suggest, and to afford such hints, as I hope, I may flatter myself will produce some small tendency towards the desired reformation. I have been by no means unmindful, from the beginning of this chapter, of the censure and ridicule to which I am exposing myself from the indolent, the prejudiced, and the naturally hard-hearted; and it is pleasant to reflect, that without doubt, such have already in their ideas, provided me, with a snug corner in the holy temple of Methodism. But I assure myself, that the humane and philosophic will support, with their countenance, 「127」 the man, who is engaged in defending the cause of the innocent, the helpless, and the oppressed; and even if otherwise, I will place my foot upon the everlasting pillar of truth, still open to conviction; no, I will look down with the calmest indifference upon all such animadversions as are the result of precipitant thinking, or interested sophistry. Besides, the time is arrived, when we all ought to challenge the right of speaking our minds freely, and without reserve, be whatever the subject. There is no other road to truth and reformation. Let us pledge ourselves, one and all, to follow it.
Of all things in the world, however, let me not be suspected of desiring to abridge the pleasures and enjoyments of life; on the contrary, I shall be found, in the course of this work, a willing, although perhaps a weak advocate, for all those sports which inspire mirth and hilarity, and promote health, by steeling the constitution with pleasing labour. It requires only a just turn of thinking, and a due contempt for blind and stolid custom, to feel convinced, that pleasurable sensations and cruelty are incompatible.
Nature seems to have divided human, and even brute minds, into two classes; such as are indifferent to, or have a hearty, contempt for helplessness and distress; and such, whole hearts are ever attracted by suffering misfortune, and 「128」 who, from a natural impulse, range themselves by its side. There last have hitherto been invariably in the minority. The majority, or men of the concrete, who detest abftract principles, and who wish to keep things as they find them, will insist upon the impossibility of ameliorating the condition of brutes, and therefore they will not attempt it. They will alledge, that all animals are naturally in a st ate of warfare, and prey upon each other; that compassion seems excluded from the system of nature, and therefore they infer no necessity for it. They may say with Hume, “they know not by what principle brutes claim justice at our hands.” Because a certain portion of evil is necessary and unavoidable, they are too indolent to be at the pains of discrimination, to determine how much the mass may possibly be reduced; the obvious impossibility of attaining perfection disheartens them, and prevents all effort. But there is a duty attached to the very nature of man, and although the most important of all others, perpetually overlooked; it behoves us in all things, to make the nearest possible approach to perfection. We cannot prevent the misfortunes of beasts; they must have their share of suffering; but let us permit no unnecessary or wan ton additions to that load, sufficiently heavy, which nature has imposed. Material nature is brute and indiscriminating, until its blind 「129」 headlong energies are illumined and regulated by the reasoning faculty, which is destined to expand and improve by use and culture; and the first sentiment of a good heart will be those of pride and exultation, at the sense of its superiority over the mere animal system.
Whilst the idea is suffered to prevail, that pleasure, or profit, may be lawfully derived from the most barbarous outrages on the feelings of brutes, it is vain to expel reformation. For instance, if a surgeon may lawfully dissect a wretched animal alive, or by studiously wounding its most sensible parts, keep it in a continued state of the most exquisite and agonizing torture, even for whole days and nights, under the pretext of making an experiment for the profit of science; it is certain that the feelings of animals will never be permitted to stand in the way, when profit of any kind is the object; not only that the general principle (which is in its nature universal and unalterable) will then fully authorize the practice, but that the bulk of mankind, the mere creatures of custom, will be but too ready, in all collaterals, to follow the example.
There is a certain dangerous species of sophistry, of which the men of all ages have been the dupes and the victims; it is that of judging, in the most important of all points, by an erroneous analogy: because they perceive it to be 「130」 a duty to moderate their own appetites, and that nature has left all indifferent matters to be regulated by their discretion, they suppose they may make equally free with elements of principles, as with their accessories. Hence the absurdity of that sagacious practice, so highly vaunted by sophists, of moderating and fitting principles from human use, instead of fitting the human mind for the reception of true principles. The danger of this practice is usually distant, and seldom descried; it supervenes, by degrees, but never fails in the end, to fall upon mankind with accumulated force. Are men, for example, to assume the liberty of moderating (that is to say, using at discretion) barbarity, or common honesty ? Are we to teach, that in certain cases of interest, barbarity is allowable; and in others, that it is dangerous to be honest over-much ? He who calls for a definition of barbarity, of common honesty, or of truth, it either a weak man, or very desirous of becoming a sophist. The principle of truth is indivisible; if you detract one single atom from the golden circle, the whole essence is destroyed, and the error universally, although perhaps gradually, pervades the moral world. As an analogy ready at hand, the permission given to the trade in human slaves, makes an obvious breach in the principle of justice, and positively authorizes universal rapine. To plead 「131」 either law or custom, in such cases, is futile; neither of them being obligatory, when in opposition to the principle of justice. The perpetrators of injustice and cruelty against men, are no longer safe, than they can hold the sword fast in their own hands; the instant it falls (and they hold it by a most precarious tenure ) the point turns towards themselves, and they meet their reward—but are we base enough to heap acts of cruelty upon brutes, because we know they are helpless, and cannot retaliate ?
It will easily be perceived, that I am decrying a voluntary departure from principles; a legitimate necessity, and such can never be mistaken, forming no part of the question. If cruelty be allowable in any case towards brutes, it also involves human creatures; the gradation is much easier than may be imagined, and the example contagious. We know that Hierophilus dissected men alive. What heart so hard, as not to melt at the recital of that tremendous act of cruelty, perpetrated by the merciless fiend Parrhasius ?—”When Philip of Macedon had taken Olynthus, and had consigned the inhabitants to slavery, Parrhasius, the Athenian painter, who had resided in the Macedonian camp, walking among the ruins of the place, was struck with the exquisite expression of sorrow which agonized the features of an old captive, a man of some rank, whose children had just been torn 「132」 from him, and exposed to public sale; Parrhasius purchased him immediately, carried him to Athens, and whilst he made the wretched Olynthian perish under every torment which art could inflict, he drew from the writhings of his tortured frame, a Prometheus under the beak and talons of the vulture. This piece was given by the artist to the Temple of Minerva, at Athens, and received by the city without scruple or question. What is still more wonderful, the moral Seneca with great coolness upon the propriety of their conduct on that lamentable occasion.”
Several writers are disposed to controvert the authenticity of the above dreadful story, no other authority for it having reached the present times, than the single one of Seneca, the tragedian. For the credit of human nature, I have ever wished to withhold my assent, which certain modern analogies, where trading or professional interest and profit are concerned, have rendered, I must confess, too difficult Besides, the reasoning of Seneca is one species of confirmation of the fact. It convinces us, at least, of the posse of human heart being sufficiently cool, callous, and diabolical, to reason upon the propriety of such a “nameless deed.”
The experimental tortures which are inflicted upon poor guiltless animals, are said to be 「133」 for the furtherance and improvement of science. Granted. Yet it is an advantage not honestly obtained, but by fraud and cruelty. There are also other short cuts to interest in the world, about the honesty or justice of which, it becomes us to be silent. It has been said, that the world could not have either gold, sugar, or coals, but at the expense of human blood, and human liberty. The world, in that case, ought not to have either god, sugar or coals. The principle admits of no qualification. But the assertion was fallacious and unfounded; those comforts are all attainable by honest means, by voluntary and fairly remunerated industry. By the same rule, I firmly believe the wit of man to be fully competent to the attainment of all the necessary or possible anatomical knowledge, from the examination of dead subjects, although perhaps it may not be thence so quickly attainable; and I could as easily suppose human sagacity unable to calculate the motions, and measure the distances of the heavenly bodies, without the aid of a ladder, reaching up to the skies; as that I could be incompetent to make all the necessary discoveries, touching the animal œconomy, without having recourse to the unnatural, cruel, and infamous means of dissecting living bodies.
It will be urged, that the admission of brutes 「134」 to those rights, of which they are capable under the social contract, might intrench upon private property, and be productive of trifling, ludicrous, or vexatious litigations. I answer, and I think I am as much in earnest as General Dumouriez,
Fais ce que dois
Avienne que pourra.
That I think also to be the proper anser, to an infinite number of ifs and ands, which it has ever been the fashion to start in prevention of right. A man may say, I bought the beast with my money, it is my property; who shall hinder me from doing unto it, according to my pleasure? You bought him with your money, it is true, and he is your property: but whether you are apprised of it or not, you bought him with a condition necessarily annexed to the bargain. You could not purchase the right to use him with cruelty and injustice. Of whom could you purchase such right ? Who could make such conveyance ?—Not even God himself, whose energies are circumscribed within the limits of eternal justice; or who, to speak more philosophically, is Eternal Justice itself.
As to the danger of litigation, from a law made for the protection of beasts, none I think need be apprehended; few would chose to risk any trouble or expence on such an account; 「135」 its utility would consist in the recognition of an eminent precept and memento of humanity.
There is much more force in the argument drawn from the superior humanity of the present, over any former period, and of its probably or rather certain increase with increasing light. I coincide intirely in opinion with those, who esteem the present superior to all former times, in the knowledge of truth, in the practice of every virtue, and in the enjoyment of every good. I hold it admits of mathematical demonstration. Even the lowest class of the people of this country have become much more mild and rational in their manners, and more humane in their treatment of brute animals (however defective still) than in former times. The savage sports have long been upon the decline. Perhaps nothing can serve better to evince the truth of these observations, than the conduct of the popular societies at their late meetings in the fields, every one of which I watched with a curious and particular attention; as I did also the meeting of the rabble collected by Lord George Gordon. Nothing on earth could be more dissimilar, than the manners and conduct of the former, and late assemblies of the people. In these last, all was order, regularity, and good humour; no drunkenness or 「136」 quarrels, the utmost complacence was shewn to women; even poor harmless dogs and cats escaped their usual brutal treatment, and were suffered to enjoy themselves at liberty and in peace. At no former time could such multitudes of the lowest of the people have been assembled with so much safety, and so little disturbance to the peace of society. Upon the views of these good people I have no comments to make. I bear testimony merely for the sake of truth, and as it relates to my subject.
Let us next review the auxiliary means requisite to bring about that consummation, which every humane man must devoutly wish; and first, of the education of our youth. Our defect, here must be obvious to the least discerning. What can a few general precepts, loosely given, and never observed even by those who give them, avail against the constant examples of cruelty placed in the observation of children. Can the practical lessons which they learn, have any other influence on their infant minds, than to teach them that brutes, like stocks and stones, were made for all sorts of uses and purposes; and that it was not part of the scheme of a partial and defective providence, that the feelings of such should come into question ? The child to whom a miserable animal is delivered over to be starved to death, or pulled into quarters for his amusement, too probably learns a lesson, 「137」 which the subsequent conduct of the adult will not disgrace. Children must be in action; there is a principle of enterprize in them, a continual desire to exercise their young and growing energies: hence we see them constantly whipping and beating poor dumb animals. This apparent cruelty arises merely from our neglect to teach them the proper use of animals, the obligations imposed upon us by a common nature respecting them, and in our inattention to furnish children with harmless or useful objects of playful pursuit. A little timely and well-adapted punishment also, may have the effect of preventing the growth of indifferent or callous dispositions in children. A friend of mine had a boy about four years of age, who was observed frequently to amuse himself by pulling the legs from the bodies of flies; the father watched an opportunity, and having witnessed the fact, immediately, with a sudden jerk, tore hairs enough from the boy’s head, to cause the tears to start from both his eyes. The boy suddenly asked, “what that was for ?” By the way of answer, he was instantly shewed the writhing and tortured body of the poor victim of his wantonness; at the same time it was explained to him, that feeling was common to all the animal creation, and that the diverse doctrine of doing as you would be done unto, extended even to flies. The reader may style this the 「138」 argumentum sympatheticum, if he please; and, on trial, he will be convinced of its good effects. The nearest road to perfect humanity, is strongly to impress its necessity, beauty, and excellence, upon the hearts and minds of the rising generation.
Another most important step towards amending the condition of beasts, is for all people of property (such, I mean, who are of the illustrious order of benevolence) to take at least their own animals under their own especial protection, to suffer no abuse, but to punish the brutal tyranny of profligate servants in the most exemplary manner. Was such a rational conduct to become general, the morals of servants would in time be amended, and our feelings would not be so frequently harrowed up with those disgusting spectacles which are now so common. Property must always give the ton; it is in the power of the rich among us, whenever they shall so please to make it la mode Anglaise, to treat beasts with kindness and consideration; in short, to make general humanity the order of the day.
Such is the deadly and stupifying influence of custom, of so poisonous and brutalizing a quality is prejudice, that men perhaps no wise inclined from nature to acts of barbarity, may yet live insensibly in the constant commission 「139」 of deeds the most flagrant. In the history of the Council of Constance, it is recorded, that a certain Neapolitan peasant, who lived near a place infamous for robberies and murders, went once to confession; and having told the priest, that on a certain fast day he had swallowed a draught of milk, he assured the father he could recollect no other sin he had committed.— “How,” said the confessor, “do you never assist your neighbours, in robbing and murdering the passengers, in such a hollow road ? “—”O yes,” said the peaseant, “but that is so common with us, that we don’t make it a point of conscience.” The humane Titus, the delight of human kind; who, if he suffered a day to pass without the performance of some act of beneficence, is recorded to have said, “my friends, I have lost a day,” never seems once to have reflected upon the horrid barbarities he was inflicting at the instant upon the wretched inhabitants of Judæa; or to have repented him of the slaughter of the tens of thousands of innocent Jews, who he sacrificed on the altars of vanity at Rome. This paragon of humanity is said to have destroyed thirty, out of forty thousand Jew captives, in finishing the Coloseum at Rome. History hath not been so just as to inform us, how many wretched labourers were destroyed in building Solomon’s Temple, at Jerusalem; 「140」 but as these last died in the service of Jehovah, I suppose they could not have been better disposed of. But with respect to the captives destroyed at Rome, they were Jews; and thence, by the wise suggestions of prejudice, blotted out from the scheme of compassion. It is but too true, that the Emperor had a fair plea fo retaliation; since the Jews, although with the pretence of living constantly under a theocracy, exercised against all foreign nations, hostile odium, a hostile and revengeful hatred. The humane Titus was not a philosopher. Even Englishmen, at this day, as Cartwright informs us, shoot the poor red Indians of Newfoundland like beasts—I suppose, because they are not Christians ! How have worthless distinctions narrowed the human heart; and torn up the very foundations of morality. I once attempted to reason with a fellow (and he was of the rich vulgar) who was cruelly beating an innocent horse, till the blood spun from its nostrils; the reply I obtained was, “G—d— my eyes, Jack, you are talking as though the horse was a Christian.” The general blind and stupid to adherence to custom, renders it absolutely necessary for a writer on this subject, who desires to render effectual service to the cause of humanity, to enter into particular and disgusting details, to point out individual and specific acts 「141」 of cruelty, such as are, or have been, in his time most prevalent. It is too true, that the imagination of a man of much sensibility is perpetually haunted with horrid ideas. Thirty-four years have now past, since I saw an infernal hag, the house-keeper of a boarding-school, cause a miserable rat to be roasted alive over a slow fire, in the presence of all the boys; and this, I was them informed by his son, was the constant practice of a certain post-master in the neighbourhood. The doleful cries of the tortured animal are, at this instant, as fresh in my ears, as the very moment I heard them; and the impression then made upon my young mind was so forcible, that no time will ever be able to eradicate it, or heal the wound inflicted upon my feelings. A few years afterwards, I heard the following anecdote of a Parson (the fact had happened perhaps twenty years before) who, no doubt, for the sake of the faith, would have stretched a fellow-creature upon the rack, and even have drawn the cords himself, should the executioner be too fine mouthed, as the chancellor did in the case of poor Ann Askew, in king Harry’s days. The worthy priest had lost a chicken, and soon after taking a poor hawk, the supposed offender, he put the animal to the torture of a slow and lingering death, for doing his duty, by following the instinct of nature. The poor bird was 「142」 turned adrift, with a label affixed to his neck, containing these quaint and inhumane lines:
The Parson of Pentlow, he did this,
For killing of one poor chicken of his;
He put out his eyes, and sew’d up his bum,
And so let him fly—till the day of his doom.
One would suppose, that wretches, like these, sought to level their impotent revenge against the God of nature.
We are happily become too enlightened to perpetrate such wholesale acts of barbarity, as that recorded of the infamous Lord Raymond Venous, who burned alive thirty of his finest Horses by the way of a frolic; but there have been too many similar instances among us, upon a smaller scale, from the motives of religious superstitions. It is well known, that the brutish idea of the possibility of witchcraft, still exists amongst thousands in this country; with the detestable concomitant, that burning the animal alive, which is the supposed subject of it, is the only mode of detecting the witch. Numerous instances of this cruel and miraculous folly are upon record, many are within my own knowledge; but the most remarkable, and indeed astonishing, is that related by Dr. Priestley, because the man who perpetrated the horrid deed, was it seems somewhat above the common level, and a man, in other respects, of humane character. 「143」 I have discoursed with many persons of late, whose prejudices on this head were unconquerable; and should by no means be surprised to hear of a repetition of similar tragedies. Surely, on such an occurrence, the civil magistrate ought to interfere; and I must beg leave to propose this, and indeed the subject in general of humanity to the brute creation, as a proper standing topic for our clergy. They can never be more nobly or more usefully employed, than in cleansing the vulgar mind from those barbarous prejudices, and in laying there, a sure foundation for universal benevolence.
The example of the great is ever contagious; it would be a generous pride in them, to consider what immense benefits they have it in their power to confer on human society, by exhibiting such as are worthy of imitation. But what must the subjects of a certain king have thought, when they saw him amusing himself, by causing a poor bullock to be repeatedly precipitated down a cataract, until its bones were broken; and then paying the worth of the beast for his princely amusement? Could there be any hope, that a man, with such a heart, or such a head, would respect the feelings, or the lives of his fellow men? What, I say, could be the secret wishes of those witnesses, who felt or reflected, but that an A________might never be wanted, to rid the「144」 world of such monsters. It must not be concealed, that we have ill examples of this kind, among our people of rank and consideration, the far greater part of which, I am convinced, proceed merely from want of due consideration, and from a sudden intemperate flow of the animal spirits. I have been informed (but I declined making any enquiry to ascertain the fact, and am willing to hope it may have been groundless that a certain gallant Admiral, in bringing up the news of a celebrated victory, left several poor post-horses on the road, lingering in the agonies of death, the victims of ‘his too eager haste. Alas ! whether in circumstances of good or evil fortune, these poor animals seem destined alike the victims of our wantonness, or our necessity. The same absurd and unprofitable cruelties prevail at elections, and upon almost all public occasions. They may be with the utmost truth, styled unprofitable; and that to all parties (putting humanity out of question;) for the traveller whole giddy and irrational aim is more haste than nature will allow, labours to defeat his own purpose; and he who tires or kills his Horses, assuredly loses time; gaining nothing by way of recompence, but the unenviable reputation of having, in a mean, base, and cowardly manner, tortured out the life of a generous animal, which had struggled to the last sob of expiring 「145」 nature to serve him. I should also apprehend, that if our owners of post-horses would take the trouble to calculate, they would discover that the total loss, or crippling and rendering nearly unserviceable of three or four horses, must detract rather too much from the profits even of the moil busy season. Fair calculation, on another score, would be much to their advantage; it would prove to them, that to buy poor, worn-out, low-priced horses, under the horrid idea of “whipping them found,” (setting aside the iniquity and disgrace of the practice) is by no means the most profitable method of doing their business. It is true, that when poverty may be alledged, the plea must be admitted as legitimate. It must then be inscribed in the melancholy catalogue of unavoidable evils.
I will run as quickly, and as briefly as possible, through the most material of the various abuses, of Horses in particular, which I have noticed. I declare it with the sincerest pleasure, I have not of late heard of that detestable practice, which formerly disgraced the conduct of many of our unthinking young men, who paid for driving tired horses, for the purpose of enjoying the unnatural pleasure of inflicting upon them the utmost tortures of the whip, in proportion as their strength and ability were exhausted. When cruelty, or unnecessary severity, 「146」 is practised in horse-racing, it is usually among ignorant and black-guard pretenders; the true gentleman-sportsman, from his knowledge and experience, is able to judge with sufficient accuracy of the extent of his horse’s powers; and to discriminate between the correction necessary to excite their exertion, and bootless cruelty. Such a character would ever rather choose to err on the fide of humanity, if, in any, sense, that could be called an error. Some jockies are in the odious habit of butchering and cutting up their horses unnecessarily, or merely to make an ostentatious display of their powers in the use of the whip and spur; to speak the truth, they lie under a disagreeable predicament in the cafe; their bread being at stake, they must not incur suspicion; but I have known men of that class, of feeling hearts as well as keen heads, and who possessed the justest ideas of compassion. The following anecdote will serve the purpose of farther illustration. Some years since, a young jockey, who was in no particular service, but rode for various employers, described to me, very feelingly, the painful situation in which he then found himself: he had lately ridden the horse of a certain man, who kept several in training, and of whom he earned a good deal of money; but notwithstanding the utmost exertion of his strength and skill, with a particular horse, he 「147」 found it impossible to win. He was engaged to ride the same horse again, at a place where he was sure to meet the same, or, in all probability, horses of yet superior form. He represented to his employer the impossibility of winning, for although his horse was both stout and honest, his antagonists went so much too fast for him, that he could make no impression upon them, even by running distrest every yard of the course. Such reasoning was not calculated to make any impression upon the solid sconce, or marble heart, of this Smithfield sportsman. He chided the lad for his too great tenderness to the horse in the last race; and for the succeeding one, his orders were, “Make him win, or cut his bloody entrails out—Mark —if you don’t give him his belly-full of whip, you never ride again for me—I’ll find horse, if you’ll find whip and fpur!”#8212;The generous little horse ran three four-mile heats without flinching, or hanging for a single stroke, with that excess of exertion, that his very eye-balls seemed ready to start from their sockets; but unsuccessfully: and, with an aching heart, I saw him literally cut up alive, from his shoulder to his flank, his sheath in ribbands, and his testicles laid bare. To my great mortification, no one took it in hand to rebuke the thick-headed miscreant, who was the author of this useless piece of cruelty, except his jockey; who swore he would perish 「148」 for want, sooner than repeat such an act of blasted infamy.
Few sporting people, in or near the metropolis, but have heard of the hard fate of the poor old flea-bitten grey gelding. This excellent creature, though not a full-bred horse, thrice ran twenty-two miles within the hour, over the hard road. By way of reward for such uncommon excellence, he was afterwards, when his powers had declined, killed in an unsuccessful match, with circumstances of the most horrid barbarity. I have been informed, he was whipped to that excess, that his entrails were viable, and even hung trailing on the ground: I speak from information only, and heartily wish the owner, if he be still alive, may have it in his power to contradict a story so much to his discredit. The ill-judged and unskillful attempts of ignorant people, at matching and racing upon the hard road (which they prefer) are almost ever attended with disgusting circumstances of cruelty.
But the most fruitful source of misery to Horses, is, that they are committed (through necessity, in a great measure, perhaps) to the absolute discretion, in all respects, of their drivers; a majority of whom, are the least. enlightened, the most hardened and profligate of all the lower people. Here the generality of proprietors commit a great error against their own and 「149」 and the interests of humanity. A man with a well-informed mind, however ignorant he may chance to be of Horses, or of the established routine of liable discipline, may be superior, in one respect, to the most skilful groom or driver. I mean in that science, which teaches the government of the temper both of man and horse; and there is a perfect analogy. The ignorant and brutal mind is too prone to tyranny, and measures of barbarous and savage coercion. You’ll see a man of this fort, to whom the management of horses is committed, everlastingly intent upon glutting his vindictive disposition, for every fault, real or supposed, which the poor animals may chance to commit: whereas it is a truth, grounded upon the experience of ages, and confirmed by the best judges of the present time, that the obedience of Horses is best inculcated and secured by mild methods, and by overlooking trifling faults; and that from such treatment, we shall reap the greatest possible benefit from their labours. I here foresee a difficulty arising in the minds of gentlemen, and owners of Horses, and I will do my endeavour to help them out of the dilemma. It would surely be no great trouble, nor productive of any inconvenience, for a gentleman or lady to say to a newly-hired coachman, carter, or groom, “Take notice, beasts have both sense and feeling, and I am told by experienced 「150」 people, that Horses are best governed by gentle usage. I am determined, to permit no other to mine. I will have no foul blows given, nor suffer my cattle to be wealed and marked with the whip. If any of them will not do without such usage, prove it to me, and I will change them. I shall look and enquire strictly into your conduct, and the instant you disobey me, in this respect, you are no longer my servant.”
Much mischief and cruelty ensues from indulging the petty vanity, and knowing conceits, of country carters. I knew a villain of that class, who, being offended at the figure and condition of a horse, which his master had purchased for the plough, continued to drive him by the whip, to sustain more than his share of the labour; at feeding times inhumanly tying his head up to the rack, to prevent his reaching the corn, until in a short time the poor animal dropped down dead in the stable, from excessive labour, and want of sustenance. Great barbarity is too often exercised, to no manner of purpose, upon those horses, the nature of which will not permit them to draw, what are called, dead pulls.
In town, the absurd method of shoeing cart and coach-horses, in particular, is productive of a thousand cruelties and dangers. The dispositions of Horses vary in the same manner and 「151」 degrees, as we observe those of the human race. Some of them will dash forward, through thick and thin, or over whatever ways, without the smallest solicitude, whether they stand” or fall; others, on the contrary, have ever an anxious care upon them, to keep themselves up; and in a difficult, or slippery way, take every, step with the utmost precaution; these last suffer most cruelly upon London stones, when slippery with fun or frost, from the brutality of their drivers.
You will frequently see a gentleman’s coachman whipping one of his horses, with the most brutal fury, the whole length of a street. This practice is so very common, that it doubtless leads people to suppofe it to be perfectly right, and in order. Now I have, for many years, paid particular attention to it, and can scarce recollect an instance where such correction was on just grounds, or likely to be attended with good effects. On examination, I have generally found it has been used, because the horse unavoidably trod in a hole, or slipped from bad shoeing; that it was a misfortune, not a fault in the horse, or that, in all probability, he was totally ignorant for what reason he was corrected. This last consideration (overlooked by the ignorant) is surely of the utmost importance. Even in the cafe of a fault, it may be relied on, that nine parts in ten, at least, of the 「152」 correction used must be superfluous; as is moxst of that brutal whipping, which we see practised on an embarrass, at the door of the playhouse, or other public place.
The humane reader, who has been accustomed to perambulate the streets of the metropolis, will recollect that he has often observed a carman, with his whip hoisted aloft, upon his arm, and his countenance marked with all the insolence of petty tyranny, strutting along the foot-path, and calling his sore-horse towards him. This necessary manœuvre, of “Come hither, who-o,” the little tyrant of the whip is determined to inculcate by dint of the utmost rigour, and by absolutely breaking the spirit of the beast; whence ensue carelessness, Stubbornness, uncertainty, and desperation; instead of using mild and persuasive methods, attempered with occasional slight correction, in virtue of which he might, almost to a certainty, ensure the willing and steady obedience of his horse. At one instant, the horse is whipped for holding too close to his driver, at the next, for bearing off too much; now, for going too fast, then again, for going too slow; bye and by, for stopping, afterwards, because he did not stop; that the faculties of the poor beast are totally confounded, and caused to degenerate into an inert and flagrant state of insensibility, instead of making a progress in that ratio of improvement, 「153」 of which they are so highly capable. Hence the source of many of those accidents, which daily occur. Does a stage coachman commit an error, with his eye or his finger, from which a horse’s mouth receives a wrong direction, and an accident occurs ? thinking the horse ought to have understood him, although it is probable he did not understand himself, or ashamed that his skill should be questioned, Mr. Hell-driver proceeds to whipping, with all his new and home cuts, perhaps for a whole street’s length, distressing all his other Horses, and running the utmost risk of a new accident. In short the examples I could give, and the proofs, of the inutility, as well as barbarity of the far greater part of that correction, which we daily see given to Horses, would be endless. The standing orders of mailers ought to be, parce puer stimulis—”I will not suffer my Horses to be whipped, for the more whip, the greater necessity; and you may proceed from a whip to a cat-o-nine tails.”
The brutal cruelty of the Smithfield drovers, has been an immemorial disgrace upon the character of the people of this country; and I should not obtain credit, were I to state the number of lives, which appear from old magazines and newspapers, to have been lost, from accidents by over-driven cattle, within the last fifty years. The late exertions of the City 「154」 Magistracy, to check these infernal practices, have done them immortal honour; the regulations they have caused to be put up in Smithfield, are excellent, and have no doubt been attended with considerable good effect. But it is impossible, in the beginning, to do more than barely check so inveterate a disease, even with the belt remedies. To declare the fact, the fault by no means lies with the drovers exclusively, but is to be attributed to those relics of barbarity, which are still latent in the minds of the people. How indeed are they to discriminate? Since the most exquisite pleasure is supposed by their betters, to be derived from hunting, worrying, and tearing the living members of the most harmless and timid animals, why not hunt bullocks as well as hares and deer ? I have heard of a fellow belonging to one of the public offices, who is so enamoured with this humane, innocent, and detestable sport of bullock-hunting, over the plains of London, that he has not missed any eminent opportunity for years; and who, upon the first intelligence, will leave the molt important business of his life, his wife in the pains of child-birth, his books unmade up, or his prayers unfinished, to follow the bullock, and the jolly cry of, “D—n my eyes ! why don’t you hox him?” from the Change to Hyde Park Corner, from that to Limehouse Hole, 「155」 and from thence, were it upon the cards, to the gates of hell. It is a fact, that needs no labour of mine to prove, that nearly all those beasts, styled mad, that is, vicious and untractable, are rendered so by the strange change of place, and by harsh and cruel usage; and that an amendment is to be sought only in the improved morals of the people. Respecting additional remedies to those already deviled, I am for radical ones. I will freely confess myself ne plus ultra man. I detest half measures and palliatives, in all concerns whatever, as much as I do the patching up of a clap; and were I but persuaded, that the body politic itself was thoroughly infected, I would, without scruple, give my vote to have it hove down, that it might at once undergo a radical and effectual cure. But to the question—I cannot conceive any regulations, however prudently devised, and punctually observed, likely to be thoroughly efficacious, so long as the cattle market is held in its present situation; and one would be tempted to suppose, that it could be none other, than sfuch wiseacres, as framed the sapient laws against forestalling, and regretting, to think of introducing such a dangerous nuisance, as a market for live cattle, into the heart of a populous city. Common sense, and the general weal, have long demanded. the abolition of Smithfield Market, 「156」 and the establishment of two in lieu thereof; one on the North, and one on the South side of the Metropolis; as well as the total discontinuance of slaughtering cattle within the town. But the common sense, or justice alone of a measure, are seldom any recommendation. Even were the whole Court of Aldermen, to be tossed by horned cattle, their united influence would not be able to carry such a measure, as the removal of Smithfield Market. A man might as well have the modesty to ask for universal suffrage, and the abolition of the slave trade.
The advantages of this proposed change are so many, and obvious, and the rational objections so few, or rather null; that I am certainly performing a work of superrogation to expatiate. All the thousand horrors and risks of driving loose and untamed cattle, through every part of a populous city, and the hourly defilement of it, with loathsome scenes of blood and carnage, would be avoided. The laving to the public, and to the butchers themselves, in. the superior condition of the meat, would be immense; for it is well known, that from the old mode of beating, bruising, and harassing the cattle about town, and confining them in heaps, in close places, and a noisome atmosphere, they too frequently die in such a state, that their flesh is scarce wholesome even for 「157」 present spending, but totally unfit for preservation by falt. This must materially affect our sea-stores. The saving in the article of manure (a most important consideration) would also be great, from the convenience, with which the farmers’ carts might take it, from slaughtering houses situated without the town. Instead of only two markets, north and south of the town, more might be established, if held necessary; and the slaughtering houses might be made to surround the market. The conveyance of carcases to town, could be no great object of inconvenience, since, on the present plan, they are occasionally obliged to be conveyed to a considerable distance, and every butcher already possesses some kind of vehicle.
I am convinced I shall be joined by thousands, when I assert, that any member of the Legislature, who will take this public matter up earnestly, will deserve well of the country. I am aware, however; in this cafe, of the appearance of acting in direct opposition to my publicly professed principles, by desiring to instigate the civil government to an interference with the private concerns of the people; the grand source of all mischief in every country; but where apparent natural rights aggress upon ethers of equal validity, they become of themselves 「158」 void, and their exercise may lawfully be suspended, for the general good.
In the present state of things, I think the following additional regulations might have the use of strengthening those old ones, already in force. A heady man, at a respectable salary, ought to be employed in Smithfield, as infpector of the market; whole business it should be, to prevent, or report, all acts of cruelty and danger. Drovers ought to be men of steady and good character, and well paid; and the strictist scrutiny occasionally made into their conduct; their responsibility in a service of fair and adequate emolument, would insure their good behaviour. General orders should be issued by the magistracy, to the officers of all the different parishes, strictly enjoining them to apprehend bullock-hunters; and it must be made the drover’s duty to point them out: and lastly, as the molt effectual of all remedies, mild methods of driving should be insisted on, upon pain of discharge, and incapacity of service ever after.
Many acts of cruelty to poor animals, destined to the slaughter, are overlooked, which it is damnable infamy to tolerate. As a pregnant instance, how often have I seen with an aching heart, the wretched calves, their poor tender limbs stiffened, and rendered almost useless, by the length and jolting of their journey, precipitated 「159」 head, sides, or heels first, as it might happen, from a high waggon, down upon Smithfield stones; and the barbarous, unthinking, two-legged brutes, powdered or cropped, sans-culotte or in pantaloons, who generally surround the waggon, to see so charming a spectacle, shouting loud in proportion to the violence of the distrest animal’s fall. Did these good christians never in their lives, get a severe and stunning fall upon the stones? Dozens such to them with all my soul ! it might perhaps put them in remembrance of the propriety, of the humanity, of throwing a truss of straw, or of placing some slide, or convenience, to break the fall, for the poor harmless calves.
Constant habits of business among cattle, renders even mild men insensible of their miseries. There is a great deal of needless cruelty practised among butchers. Would it not be practiable to put blinds upon a bullock, previous to giving him the fatal stroke? Would it not tend to use and expedition ? This occurred to me, from having seen several oxen escape after having received a blow, when they have been with much difficulty and danger recovered, and tied up again; and have not fallen at last, under perhaps a dozen strokes, which they strove to avoid with the strongest appearance of agitation and conscious terror.
I shall quit these disagreeable details, with 「160」 remarking upon the mistaken humanity of those tender-hearted persons, who turn adrift a poor dog or cat, which they choose not to keep, instead of fairly putting them out of the reach of want and misery. Who do they expect will entertain a poor forlorn stranger, when they are senfible themselves would drive back such an one from their door? In general, these poor outcasts are seeen starving about town, and dying by inches; or are torn to pieces by dogs, for the strange amusement of men, whose minds, in their present state, are scarce superior to those of brutes. What a perversion also of such as one would suppose the common feelings of humanity, and the obvious dictates of reason, that we can behold an unfortunate and forsaken animal, exiled perhaps from the hospitable board, and comfortable hearth of its late owner, exposed to all the horrors of famine, wet and cold, and to the constant apprehension of insult and torture, pining for the loss of its happy home, and looking pitifully up into the face of every passenger, for mercy and assistance— I say, that we can behold all this, and instead of affording the poor sufferer at lean a look of compassion, can make sport of its sufferings, and even heap additional miseries upon its devoted head, by endeavouring, with an industry we refuse to the better occasion, to wound, maim, and worry, and by all possible 「161」 means to embitter the miserable remnant of its existence: and yet this is the lesson which our youth are taught !
Let us not regret a small additional trouble which we may incur, by doing justice to beasts, through which we reap such immense benefits, were it only, because it is natural for us to expect justice ourselves, both here and hereafter. Virtus in actione consistit; and when we give up ourselves to the suggestions of mean and sordid indolence, life becomes a stagnant pool, and we defeat its first and grandest purposes. Nor let any one suppose this subject to be trifling, and of no importance; it has exercised the abilities of some of the greaten men, both of ancient and modern times; nor yet let us despair of inculcating into the susceptible minds of Englishmen, the inferior duties of humanity; since we know they have long since found admission into the hearts of some of those nations whom we style barbarous and savage. The Asiatics, in general, but particularly the Arabians, have been long renowned for their kind and merciful treatment of beasts; these laft seldom or never correct their Horses, either with whip or spur; but caress and reason with them; as animals which they perceive to be endowed with a large portion of the reasoning faculty. Hence, in a great rneasure (as has been already observed) the superior docility, generosity, and 「162」affection for man, in the Arabian courier. Amongst our northern neighbours, of Tartarian descent, the brute creation has found learned and powerful advocates; of the most eminent of whom, was John Erischen, an Icelandic gentleman, who, about forty years since, published at Copenhagen his Treatise “De Philippia Veterum;” or, of the Affection of the Ancients for Horses. I regret never to have enjoyed an opportunity of perusing this book, which, I am informed, is written in pure and elegant Latin.
Humanity and benevolence to helpless beasts, is (in general) a certain indication of generosity of soul, and of a natural love of justice. If it be real, not occasional or assumed, depend, such a soul harbours no fseeds of lurking treachery. But I do not mean that partial kind of charity, which embraces only black cats and robins, because, forsooth, the one wears a coat of a fortunate colour, and the other is a sacred bird. A pretty conceit truly, that the old Gentleman’s colour should be the harbinger of good luck; and that robins, the most spiteful and quarrelsome of all birds, two of whom are never seen upon one bush, should be entitled to an exclusive and privileged compassion: in one fsenfe, perhaps, it may be perfectly right, to slyle robin-redbreafts, God Almighty’s echosen dicky-birds; since they look upon all the rest of the feathered tribe as Philistines, and entertain 「163」 an antipathy towards them, perfectly Hebrew. To be genuine, and of catholic use, all principles must be permitted to have their universal effect.
The following verses, which I cut, I know not when, and out of I’know not what news-paper, I insert to have the pleasure of telling the author, whoever he be (if chance should direct this book into his hands) that I read the goodness of his heart, in the humanity of his muse.
EPITAPH ON A FAVOURITE HORSE.
Though long untrodden on poetic ground,
On me no Pegasean dull is found;
Your kind assistance, gentle Muses, lend,
To pay this tribute to a parted friend;
Let no rough trotting lines my theme disgrace,
But smoothly canter in harmonious pace.
Sorrell, deceas’d, demands my grateful lay,
The willing Sorrell to his latest day.
Upright he jogg’d through life’s mysterious round,
In Temper gentle, Constitution sound,
Stranger to Vice, no guilty Start he knew,
Excell’d by none, and equall’d but by few.
Whether the full portmanteau to sustain,
Or proudly gallop o’er th’ extended plain:
To smoke the foremost in th’ eager chase,
Or thine unrivall’d in the unequal race;
Sorrell, in each, two grateful Lords obey’d,
Who lov’d him living, and lament him dead.
