Autobiographical Sketches

by Annie Besant

"1st. That the said book is not an obscene book within the meaning of the 20th and 21st Victoria, cap. 83. 2nd. That the said book is a scientific treatise on the law of population and its connexion with poverty, and that there is nothing in the book which is not necessary and legitimate in the description of the question. 3rd. That the advocacy of non-life-destroying checks to population is not an offence either at common law or by statute, and that the manner in which that advocacy is raised in the said book, 'The Fruits of Philosophy', is not such as makes it an indictable offence. 4th. That the discussion and recommendation of checks to over-population after marriage is perfectly lawful, and that there is in the advocacy and recommendations contained in the book 'Fruits of Philosophy' nothing that is prurient or calculated to inflame the passions. 5th. That the physiological information in the said book is such as is absolutely necessary for understanding the subjects treated, and such information is more fully given in Carpenter's treatises on Physiology, and Kirke's 'Handbook of Physiology', which later works are used for the instruction of the young under Government sanction. 6th. That the whole of the physiological information contained in the said book, 'The Fruits of Philosophy', has been published uninterruptedly for fifty years, and still is published in dear books, and that the publication of such information in a cheap form cannot constitute an offence."

After a long argument before Mr. Edlin and a number of other Middlesex magistrates, the Bench affirmed Mr. Vaughan's order, whereupon Mr. Bradlaugh promptly obtained from the Lord Chief Justice and Mr. Justice Mellor a writ of certiorari, removing their order to the Queen's Bench Division of the High Court of Justice with a view to quashing it. The matter was not argued until the following November, on the 9th of which month it came on before Mr. Justice Mellor and Mr. Justice Field. The Court decided in Mr. Bradlaugh's favor and granted a rule quashing Mr. Vaughan's order, and with this fell the order of the Middlesex magistrates. The next thing was to recover the pamphlets thus rescued from destruction, and on December 3rd Mr. Bradlaugh appeared before Mr. Vaughan at Bow Street in support of a summons against Mr. Henry Wood, a police inspector, for detaining 657 copies of the "Fruits of Philosophy". After a long argument Mr. Vaughan ordered the pamphlets to be given up to him, and he carried them off in triumph, there and then, on a cab. We labelled the rescued pamphlets and sold every one of them, in mocking defiance of the Vice Society.

The circulation of literature advocating prudential checks to population was not stopped during the temporary suspension of the sale of the Knowlton pamphlet between June, 1877, and February, 1878. In October, 1877, I commenced in the National Reformer the publication of a pamphlet entitled: "The Law of Population, its consequences, and its bearing upon human conduct and morals". This little book included a statement of the law, evidence of the serious suffering among the poor caused by over-large families, and a clear statement of the checks proposed, with arguments in their favor. The medical parts were omitted in the National Reformer articles, and the pamphlet was published complete early in November, at the price of sixpence—the same as Knowlton's—the first edition consisting of 5,000 copies. A second edition of 5,000 was issued in December, but all the succeeding editions were of 10,000 copies each. The pamphlet is now in its ninetieth thousand, and has gone all over the civilised world. It has been translated into Swedish, Danish, Dutch, French, German, and Italian, and 110,000 copies have been sold of an American reprint. On the whole, the prosecution of 1877 did not do much in stopping the circulation of literature on the Population Question.

The "Law" has been several times threatened with prosecution, and the initial steps have been taken, but the stage of issuing a warrant for its seizure has never yet been reached. Twice I have had the stock removed to avoid seizure, but on each occasion the heart of the prosecutors has failed them, and the little book has carried its message of mercy unspeeded by the advertisement of prosecution.

The struggle on the right to discuss the prudential restraint of population did not, however, conclude without a martyr. Mr. Edward Truelove, alluded to above, was prosecuted for selling a treatise by Robert Dale Owen on "Moral Physiology", and a pamphlet entitled, "Individual, Family, and National Poverty". He was tried on February 1st, 1878, before the Lord Chief Justice in the Court of Queen's Bench, and was most ably defended by Professor W.A. Hunter. The jury spent two hours in considering their verdict, and then returned into Court and stated that they were unable to agree. The majority of the jury were ready to convict, if they felt sure that Mr. Truelove would not be punished, but one of them boldly declared in Court: "As to the book, it is written in plain language for plain people, and I think that many more persons ought to know what the contents of the book are". The jury was discharged, in consequence of this one man's courage, but Mr. Truelove's persecutors— the wretched Vice Society—were determined not to let their victim free. They proceeded to trial a second time, and wisely endeavored to secure a special jury, feeling that as prudential restraint would raise wages by limiting the supply of labor, they would be more likely to obtain a verdict from a jury of "gentlemen" than from one composed of workers. This attempt was circumvented by Mr. Truelove's legal advisers, who let a procedendo go which sent back the trial to the Old Bailey. The second trial was held on May 16th at the Central Criminal Court before Baron Pollock and a common jury, Professor Hunter and Mr. J.M. Davidson appearing for the defence. The jury convicted, and the brave old man, sixty-eight years of age, was condemned to four months' imprisonment and £50 fine for selling a pamphlet which had been sold unchallenged, during a period of forty-five years, by James Watson, George Jacob Holyoake, Austin Holyoake, and Charles Watts. Mr. Grain, the counsel employed by the Vice Society, most unfairly used against Mr. Truelove my "Law of Population", a pamphlet which contained, Baron Pollock said, "the head and front of the offence in the other [the Knowlton] case". I find an indignant protest against this odious unfairness in the National Reformer for May 19th: "'My Law of Population' was used against Mr. Truelove as an aggravation of his offence; passing over the utter meanness—worthy only of Collette—of using against a prisoner a book whose author has never been attacked for writing it—does Mr. Collette, or do the authorities, imagine that the severity shown to Mr. Truelove will in any fashion deter me from continuing the Malthusian propaganda? Let me here assure them, one and all, that it will do nothing of the kind; I shall continue to sell the 'Law of Population' and to advocate scientific checks to population, just as though Mr. Collette and his Vice Society were all dead and buried. In commonest justice they are bound to prosecute me, and if they get, and keep, a verdict against me, and succeed in sending me to prison, they will only make people more anxious to read my book, and make me more personally powerful as a teacher of the views which they attack."

A persistent attempt was made to obtain a writ of error in Mr. Truelove's case, but the Tory Attorney-General, Sir John Holker, refused it, although the ground on which it was asked was one of the grounds on which a similar writ had been granted to Mr. Bradlaugh and myself. Mr. Truelove was therefore compelled to suffer his sentence, but memorials, signed by 11,000 persons, asking for his release, were sent to the Home Secretary from every part of the country, and a crowded meeting in St. James' Hall, London, demanded his liberation with only six dissentients. The whole agitation did not shorten Mr. Truelove's sentence by a single day, and he was not released from Coldbath Fields' Prison until September 5th. On the 12th of the same month the Hall of Science was crowded with enthusiastic friends, who assembled to do him honor, and he was presented with a beautifully-illuminated address and a purse containing £177 (subsequent subscriptions raised the amount to £197 16s. 6d.).

It is scarcely necessary to say that one of the results of the prosecution was a great agitation throughout the country, and a wide popularisation of Malthusian views. Some huge demonstrations were held in favor of free discussion; on one occasion the Free Trade Hall, Manchester, was crowded to the doors; on another the Star Music Hall, Bradford, was crammed in every corner; on another the Town Hall, Birmingham, had not a seat or a bit of standing-room unoccupied. Wherever we went, separately or together, it was the same story, and not only were Malthusian lectures eagerly attended, and Malthusian literature eagerly bought, but curiosity brought many to listen to our Radical and Freethought lectures, and thousands heard for the first time what Secularism really meant.

The press, both London and provincial, agreed in branding the prosecution as foolish, and it was widely remarked that it resulted only in the wider circulation of the indicted book, and the increased popularity of those who had stood for the right of publication. The furious attacks since made upon us have been made chiefly by those who differ from us in theological creed, and who have found a misrepresentation of our prosecution served them as a convenient weapon of attack. During the last few years public opinion has been gradually coming round to our side, in consequence of the pressure of poverty resulting from widespread depression of trade, and during the sensation caused in 1884 by "The Bitter Cry of Outcast London", many writers in the Daily News—notably Mr. G.R. Sims—boldly alleged that the distress was to a great extent due to the large families of the poor, and mentioned that we had been prosecuted for giving the very knowledge which would bring salvation to the sufferers in our great cities.

Among the useful results of the prosecution was the establishment of the Malthusian League, "to agitate for the abolition of all penalties on the public discussion of the population question", and "to spread among the people, by all practicable means, a knowledge of the law of population, of its consequences, and of its bearing upon human conduct and morals". The first general meeting of the League was held at the Hall of Science on July 26th, 1877, and a council of twenty persons was elected, and this Council on August 2nd elected Dr. C.R. Drysdale, M.D. President, Mr. Swaagman Treasurer, Mrs. Besant Secretary, Mr. Shearer Assistant Secretary, and Mr. Hember Financial Secretary. Since 1877 the League, under the same indefatigable president, has worked hard to carry out its objects; it has issued a large number of leaflets and tracts; it supports a monthly journal, the Malthusian; numerous lectures have been delivered under its auspices in all parts of the country; and it has now a medical branch, into which none but duly qualified medical men and women are admitted, with members in all European countries.

Another result of the prosecution was the accession of "D." to the staff of the National Reformer. This able and thoughtful writer came forward and joined our ranks as soon as he heard of the attack on us, and he further volunteered to conduct the journal during our imprisonment. From that time to this—a period of eight years—articles from his pen have appeared in our columns week by week, and during all that time not one solitary difficulty has arisen between editors and contributor. In public a trustworthy colleague, in private a warm and sincere friend, "D." has proved an unmixed benefit bestowed upon us by the prosecution.