In the ’nineties of last century, the state of the Criminal Law, as Mr. Justice Mathew pointed out, was a hundred years behind the times, and a special department of the Humanitarian League was established in order to advocate certain much-needed reforms. It was felt that in view of the severity of the penal laws, the inequality of sentences, and the hard and indiscriminating character of prison discipline, an organized attempt ought to be made to humanize both the spirit of the law and the conditions of prison life, and to show that the true purpose of imprisonment was the reformation, not the mere punishment, of the offender. In this campaign the League was able to avail itself of a mass of expert information. It published, in 1893, a very effective pamphlet, “I was in Prison,” written by Mr. Robert Johnson, director of the Colonial College at Hollesley Bay; and this was followed, a year later, by “A Plea for Mercy to Offenders,” an address given before the League by Mr. C. H. Hopwood, the Recorder of Liverpool, who, with his friend Mr. Johnson, did great service in showing the futility of long sentences of imprisonment. I had several talks about that time with Mr. Johnson and Mr. Hopwood; and they would have thrown in their lot altogether with the Humanitarian League but for their fear that the inclusion within its programme of many other questions, such as sport and vivisection, would alienate sympathy in some quarters from their special subject of prison reform: it was for this reason that Mr. Hopwood afterwards founded the Romilly Society.
Two other names stood out conspicuously in the same sphere of work—that of Dr. W. Douglas Morrison, the well-known criminologist, now Rector of Marylebone, under whose guidance the League took a prominent part in the agitation which led to the Prisons Act of 1898, and that of “Lex,” one of the keenest intellects of his time, whose pen was placed unreservedly at the League’s disposal. Mr. W. H. S. Monck—for it was he who adopted that nom de plume—was Chief Registrar in Bankruptcy in the King’s Bench Division, Dublin, a post which he filled with distinction, while his extraordinarily active and versatile mind found interest in many other studies: he was a mathematician, an astronomer, a writer on logic, political economy, and moral philosophy, and withal a chess-player of note, among which pursuits he never failed to find time to help the humanitarian cause. His official position made it desirable that his name should not appear; but many were the press letters that he wrote, and many the resolutions, memorials, and letters to governmental departments that he drafted on the League’s behalf. To “ask ‘Lex’ to draft it” was often the course taken by the Committee when dealing with some technical matter that needed exceptional care. The two subjects in which Mr. Monck was specially concerned, besides that of flogging, were the establishment of a Court of Criminal Appeal and a revision of the law relating to Imprisonment for Debt; and it was largely his unacknowledged labours that brought about the one reform and prepared the way for the other. In his press letters on corporal punishment he would sometimes adopt the ironic manner; that is, he would write as one who in part believed in the value of flogging, yet in such a way as to suggest rather the flaws and failures of the practice, and so to impair any faith in it which might linger in the minds of his readers.
Among other friends to whom this department of the League was much indebted were Mr. George Ives, author of A History of Penal Methods; Mrs. H. Bradlaugh Bonner; Mr. Carl Heath; Mr. H. B. Montgomery; Mrs. L. T. Mallet; Dr. T. Baty, the distinguished authority on International Law; and Mr. Joseph Collinson, who for some years acted as its honorary secretary. Mr. Collinson was a young north-countryman, self-taught, and full of native readiness and ingenuity, who at an early age had developed a passion for humanitarian journalism, and whose press letters became as well known as those of Mr. Algernon Ashton, while he had a marked advantage over that gentleman in having an ethical purpose and something definite to write about. Any one who should glance over the files of the chief London and provincial journals, between the years 1895 and 1910, could not fail to see a number of letters signed “Joseph Collinson,” or to admire the pertinacity with which the humanitarian view of a host of controversial subjects, in particular those relating to criminal law and prisons, was brought to the notice of the public. Especially in regard to the flogging question Mr. Collinson’s services were of great value.
Thus supported, the Humanitarian League had no cause to fear any reasoned opposition: our difficulty, rather, was to meet with any; for our antagonists were mostly anonymous and often abusive correspondents of newspapers, and the real obstacle with which we had to cope was the crass weight of prejudice and the immense stability of old institutions. Two of our adversaries, however, must not go without mention. One was Mr. William Tallack, then Secretary of the Howard Association, whose hostility was dangerous because it lurked under the guise of philanthropy. He was an old gentleman of benevolent demeanour, whose method it was to sit astutely “on the fence,” making oracular utterances, now on that side, now on this, so that, like the writer of an astrological almanack, he might be able in any event to run in and cry: “I told you so.” In his Penological Principles, a work much advertised in those days, there was plenty of penology, but very little principle, much more of the Tallack than of the Howard: it was, in fact, a farrago of platitudes and pieties, which said many things without ultimately meaning anything at all. Yet, in spite of his much verbiage and many estimable sentiments, Mr. Tallack was a reactionist; he belonged to an antiquated school of thought, quite out of sympathy with the new style of prison reform; and as he lost no opportunity of disparaging the work of the League, we showed him somewhat emphatically that that was a game at which two parties could play. This he did not relish, especially as we were strongly backed up by Mr. Passmore Edwards in his paper, the Echo. A conference was accordingly proposed by Mr. Tallack, where it was agreed that in future there should be a friendly arrangement of “hands off” on either side. I remember how, at that meeting, he told me in his paternal manner, as an instance of the advantages of not advocating “extreme” measures of reform, that he enjoyed the privilege of being able, now and then, to have a personal talk with the Home Secretary. “What would humanitarians think of that?” The old gentleman was evidently unaware that if he was a persona grata at the Home Office, it was precisely because he was known to be a “tame” reformer, a parasite of the old system, not a champion of the new, and therefore useful to those who wished to let matters go on as before.
In a prison-play “The Home Secretary’s Holiday,” which was acted before the Humanitarian League at one of its social gatherings, Mr. Tallack was glanced at in the character of Mr. Prim, a Visiting Justice, who dwells on the value of “segregation,” “introspection,” “self-questioning,” and “remorse,” as heaven-sent means by which the convicted sinner may be awakened to a sense of his guilt.
Our other critic, of whom I must say a brief word, was Sir Robert Anderson, then an ex-Assistant Commissioner of Police; who, being of a choleric and over-bearing nature, was consumed with wrathful indignation at the activities of the Humanitarian League. In his book on Criminals and Crime, vengeful tirades against the professional criminal were accompanied with scarcely less violent abuse of “professional humanitarians”—a strange term this, to be applied to honorary workers in an unpopular cause, and by one who had himself been for many years a salaried official at Scotland Yard! In the same work we figured variously as “humanity-mongers,” “agitators,” “fools,” “hysterical faddists,” “doctrinaire philanthropists,” “spurious philosophers,” “maudlin sentimentalists,” and so on. Authors sometimes describe their books as “a labour of love.” Sir Robert’s was certainly a labour of hate, and among the punishments which he indicated as suitable for an impenitent thief were the gallows, crucifixion, thumb-screws, and the rack; he added that it was consideration for the community, not for the thief, that prevented the use of them. It is not pleasant to have to speak of such a man; one would rather forget him. But in estimating the savagery of the age, the fact that his most vindictive proposals met with a good deal of public support is one which cannot be left out of account.
A thorough-going condemnation of flogging is without doubt a very unpopular policy; the Humanitarian League lost many members and much pecuniary support by its steadfastness on this point, especially, strange to say, among zoophilists and anti-vivisectionists, many of whom were firm believers in the propriety of vivisecting the backs of criminals, and would have gone any distance, as I have heard said, “to see a vivisector flogged.” Not the least valuable part of the League’s duties was to put a check on foolish talk of that sort; and in this we had the satisfaction of being warmly supported by so distinguished an opponent of vivisection as Professor Lawson Tait. It came about in a rather strange way.
The League held a meeting in Birmingham; and a local member, who had the arrangements in hand, got Mr. Tait to preside, but by some oversight did not sufficiently apprise him beforehand of our aims and objects. When he entered the room—a formidable-looking figure, with slow gait, massive build, and heavy brows—he was seen to be in a towering rage. The storm broke at once. Instead of the usual complimentary remarks from the chair, he told us in wrathful tones that he knew nothing of the Humanitarian League, and that it was most improper that he should have been left thus uninformed. This was true, and we wished the earth would swallow us up; but there was nothing for it but to go on with the business of the meeting, and while the speeches were being made Mr. Tait sat and studied the League’s printed manifesto. As he read it, the gloom gradually left him; he began to mutter approval of point after point, then to chuckle with satisfaction, and presently he turned to me (I happened to be sitting next to him) and told me that he was in complete agreement with our programme. A great good humour now took the place of his former resentment, and presently he spoke at some length, and himself moved a resolution that the objects of the League were “worthy the support of all good citizens.” He declared that he felt almost as strongly on the question of prison punishments as on that of vivisection, and severely censured the clamour for the lash that had been raised by some woman-suffragists of Edinburgh. It was then that he used the words prefixed to this chapter: “Why not bring back at once the boot, the stake, and the thumbscrew?”
That there are numbers of persons who would be quite willing to bring back, if it were possible, the medieval forms of torture cannot for a moment be doubted by any one who, like myself, has had the experience of working for over twenty-five years for the discontinuance of flogging. There are, of course, many reasonable advocates of corporal punishment in one or another of its forms; but there are many more to whom the cry for flogging, and for more and yet more flogging, has become a veritable craze, as was seen when, in the agitation for the lashing of “white slavers” in 1912, a frenzied shriek of passion went up from a large section of the people. “We know,” said a Member of Parliament at the time, “the extraordinary hysterical emotion which this Bill has aroused throughout England. We get letters from all sorts of people, chiefly women, ‘flog them,’ ‘crucify them,’ and anything else you like. It is a cry we have had all down the ages.”[31] That there has been such a cry all down the ages is likely enough; but the age which tolerates it can hardly claim to be a civilized one.
In The Flogging Craze, a Statement of the Case against Corporal Punishment,[32] a book published for the Humanitarian League in 1916, with a preface by my friend Sir George Greenwood, I availed myself of the large amount of material amassed by the League during its long campaign against flogging, in the hope that such a work—the first of its kind, if pamphlets be excepted—might prove useful to many social reformers, who, though instinctively opposed to the use of the lash, are often silenced by confident assertions of its efficacy, and are unaware that in this, as in similar discussions, humanity and reason go hand in hand.