STAR CHAMBER SENTIMENTALITY

But what is most to be dreaded in a Star Chamber is not its sternness but its sentimentality. There is no worse censorship than one which considers only the feelings of the spectators, except perhaps one which considers the feelings of people who do not even witness the performance. Take the case of the Passion Play at Oberammergau. The offence given by a representation of the Crucifixion on the stage is not bounded by frontiers: further, it is an offence of which the voluntary spectators are guilty no less than the actors. If it is to be tolerated at all: if we are not to make war on the German Empire for permitting it, nor punish the English people who go to Bavaria to see it and thereby endow it with English money, we may as well tolerate it in London, where nobody need go to see it except those who are not offended by it. When Wagner’s Parsifal becomes available for representation in London, many people will be sincerely horrified when the miracle of the Mass is simulated on the stage of Covent Garden, and the Holy Ghost descends in the form of a dove. But if the Committee of the Privy Council, or the Lord Chamberlain, or anyone else, were to attempt to keep Parsifal from us to spare the feelings of these people, it would not be long before even the most thoughtless champions of the censorship would see that the principle of doing nothing that could shock anybody had reduced itself to absurdity. No quarter whatever should be given to the bigotry of people so unfit for social life as to insist not only that their own prejudices and superstitions should have the fullest toleration but that everybody else should be compelled to think and act as they do. Every service in St. Paul’s Cathedral is an outrage to the opinions of the congregation of the Roman Catholic Cathedral of Westminster. Every Liberal meeting is a defiance and a challenge to the most cherished opinions of the Unionists. A law to compel the Roman Catholics to attend service at St. Paul’s, or the Liberals to attend the meetings of the Primrose League would be resented as an insufferable tyranny. But a law to shut up both St. Paul’s and the Westminster Cathedral; and to put down political meetings and associations because of the offence given by them to many worthy and excellent people, would be a far worse tyranny, because it would kill the religious and political life of the country outright, whereas to compel people to attend the services and meetings of their opponents would greatly enlarge their minds, and would actually be a good thing if it were enforced all round. I should not object to a law to compel everybody to read two newspapers, each violently opposed to the other in politics; but to forbid us to read newspapers at all would be to maim us mentally and cashier our country in the ranks of civilization. I deny that anybody has the right to demand more from me, over and above lawful conduct in a general sense, than liberty to stay away from the theatre in which my plays are represented. If he is unfortunate enough to have a religion so petty that it can be insulted (any man is as welcome to insult my religion, if he can, as he is to insult the universe) I claim the right to insult it to my heart’s content, if I choose, provided I do not compel him to come and hear me. If I think this country ought to make war on any other country, then, so long as war remains lawful, I claim full liberty to write and perform a play inciting the country to that war without interference from the ambassadors of the menaced country. I may “give pain to many worthy people, and pleasure to none,” as the Censor’s pet phrase puts it: I may even make Europe a cockpit and Asia a shambles: no matter: if preachers and politicians, statesmen and soldiers, may do these things—if it is right that such things should be done, then I claim my share in the right to do them. If the proposed Committee is meant to prevent me from doing these things whilst men of other professions are permitted to do them, then I protest with all my might against the formation of such a Committee. If it is to protect me, on the contrary, against the attacks that bigots and corrupt pornographers may make on me by appealing to the ignorance and prejudices of common jurors, then I welcome it; but is that really the object of its proposers? And if it is, what guarantee have I that the new tribunal will not presently resolve into a mere committee to avoid unpleasantness and keep the stage “in good taste”? It is no more possible for me to do my work honestly as a playwright without giving pain than it is for a dentist. The nation’s morals are like its teeth: the more decayed they are the more it hurts to touch them. Prevent dentists and dramatists from giving pain, and not only will our morals become as carious as our teeth, but toothache and the plagues that follow neglected morality will presently cause more agony than all the dentists and dramatists at their worst have caused since the world began.

ANYTHING FOR A QUIET LIFE

Another doubt: would a Committee of the Privy Council really face the risks that must be taken by all communities as the price of our freedom to evolve? Would it not rather take the popular English view that freedom and virtue generally are sweet and desirable only when they cost nothing? Nothing worth having is to be had without risk. A mother risks her child’s life every time she lets it ramble through the countryside, or cross the street, or clamber over the rocks on the shore by itself. A father risks his son’s morals when he gives him a latchkey. The members of the Joint Select Committee risked my producing a revolver and shooting them when they admitted me to the room without having me handcuffed. And these risks are no unreal ones. Every day some child is maimed or drowned and some young man infected with disease; and political assassinations have been appallingly frequent of late years. Railway travelling has its risks; motoring has its risks; aeroplaning has its risks; every advance we make costs us a risk of some sort. And though these are only risks to the individual, to the community they are certainties. It is not certain that I will be killed this year in a railway accident; but it is certain that somebody will. The invention of printing and the freedom of the press have brought upon us, not merely risks of their abuse, but the establishment as part of our social routine of some of the worst evils a community can suffer from. People who realize these evils shriek for the suppression of motor cars, the virtual imprisonment and enslavement of the young, the passing of Press Laws (especially in Egypt, India, and Ireland), exactly as they shriek for a censorship of the stage. The freedom of the stage will be abused just as certainly as the complaisance and innocence of the censorship is abused at present. It will also be used by writers like myself for raising very difficult and disturbing questions, social, political, and religious, at moments which may be extremely inconvenient to the government. Is it certain that a Committee of the Privy Council would stand up to all this as the price of liberty? I doubt it. If I am to be at the mercy of a nice amiable Committee of elderly gentlemen (I know all about elderly gentlemen, being one myself) whose motto is the highly popular one, “Anything for a quiet life” and who will make the inevitable abuses of freedom by our blackguards an excuse for interfering with any disquieting use of it by myself, then I shall be worse off than I am with the Lord Chamberlain, whose mind is not broad enough to obstruct the whole range of thought. If it were, he would be given a more difficult post.

SHALL THE EXAMINER OF PLAYS STARVE?

And here I may be reminded that if I prefer the Lord Chamberlain I can go to the Lord Chamberlain, who is to retain all his present functions for the benefit of those who prefer to be judged by him. But I am not so sure that the Lord Chamberlain will be able to exercise those functions for long if resort to him is to be optional. Let me be kinder to him than he has been to me, and uncover for him the pitfalls which the Joint Select Committee have dug (and concealed) in his path. Consider how the voluntary system must inevitably work. The Joint Select Committee expressly urges that the Lord Chamberlain’s licence must not be a bar to a prosecution. Granted that in spite of this reservation the licence would prove in future as powerful a defence as it has been in the past, yet the voluntary clause nevertheless places the manager at the mercy of any author who makes it a condition of his contract that his play shall not be submitted for licence. I should probably take that course without opposition from the manager. For the manager, knowing that three of my plays have been refused a licence, and that it would be far safer to produce a play for which no licence had been asked than one for which it had been asked and refused, would agree that it was more prudent, in my case, to avail himself of the power of dispensing with the Lord Chamberlain’s licence. But now mark the consequences. The manager, having thus discovered that his best policy was to dispense with the licence in the few doubtful cases, would presently ask himself why he should spend two guineas each on licences for the many plays as to which no question could conceivably arise. What risk does any manager run in producing such works as Sweet Lavender, Peter Pan, The Silver King, or any of the 99 per cent of plays that are equally neutral on controversial questions? Does anyone seriously believe that the managers would continue to pay the Lord Chamberlain two guineas a play out of mere love and loyalty, only to create an additional risk in the case of controversial plays, and to guard against risks that do not exist in the case of the great bulk of other productions? Only those would remain faithful to him who produce such plays as the Select Committee began by discussing in camera, and ended by refusing to discuss at all because they were too nasty. These people would still try to get a licence, and would still no doubt succeed as they do today. But could the King’s Reader of Plays live on his fees from these plays alone; and if he could how long would his post survive the discredit of licensing only pornographic plays? It is clear to me that the Examiner would be starved out of existence, and the censorship perish of desuetude. Perhaps that is exactly what the Select Committee contemplated. If so, I have nothing more to say, except that I think sudden death would be more merciful.

LORD GORELL’S AWAKENING

In the meantime, conceive the situation which would arise if a licensed play were prosecuted. To make it clearer, let us imagine any other offender—say a company promoter with a fraudulent prospectus—pleading in Court that he had induced the Lord Chamberlain to issue a certificate that the prospectus contained nothing objectionable, and that on the strength of that certificate he issued it; also, that by law the Court could do nothing to him except order him to wind up his company. Some such vision as this must have come to Lord Gorell when he at last grappled seriously with the problem. Mr. Harcourt seized the opportunity to make a last rally. He seconded Lord Gorell’s proposal that the Committee should admit that its scheme of an optional censorship was an elaborate absurdity, and report that all censorship before production was out of the question. But it was too late: the volte face was too sudden and complete. It was Lord Gorell whose vote had turned the close division which took place on the question of receiving my statement. It was Lord Gorell without whose countenance and authority the farce of the books could never have been performed. Yet here was Lord Gorell, after assenting to all the provisions for the optional censorship paragraph by paragraph, suddenly informing his colleagues that they had been wrong all through and that I had been right all through, and inviting them to scrap half their work and adopt my conclusion. No wonder Lord Gorell got only one vote: that of Mr. Harcourt. But the incident is not the less significant. Lord Gorell carried more weight than any other member of the Committee on the legal and constitutional aspect of the question. Had he begun where he left off—had he at the outset put down his foot on the notion that an optional penal law could ever be anything but a gross contradiction in terms, that part of the Committee’s proposals would never have come into existence.

JUDGES: THEIR PROFESSIONAL LIMITATIONS

I do not, however, appeal to Lord Gorell’s judgment on all points. It is inevitable that a judge should be deeply impressed by his professional experience with a sense of the impotence of judges and laws and courts to deal satisfactorily with evils which are so Protean and elusive as to defy definition, and which yet seem to present quite simple problems to the common sense of men of the world. You have only to imagine the Privy Council as consisting of men of the world highly endowed with common sense, to persuade yourself that the supplementing of the law by the common sense of the Privy Council would settle the whole difficulty. But no man knows what he means by common sense, though every man can tell you that it is very uncommon, even in Privy Councils. And since every ploughman is a man of the world, it is evident that even the phrase itself does not mean what it says. As a matter of fact, it means in ordinary use simply a man who will not make himself disagreeable for the sake of a principle: just the sort of man who should never be allowed to meddle with political rights. Now to a judge a political right, that is, a dogma which is above our laws and conditions our laws, instead of being subject to them, is anarchic and abhorrent. That is why I trust Lord Gorell when he is defending the integrity of the law against the proposal to make it in any sense optional, whilst I very strongly mistrust him, as I mistrust all professional judges, when political rights are in danger.