Most barbarous of all the grievances of women were the legal and conventional rules which affected the moral relations of the sexes. In nothing had the egoism of men been so remarkably displayed as in the construction of these rules, and in the care with which they had concealed the consequences from women. The progress of the movement in favour of Woman Suffrage is precisely to be measured by the growth of women's knowledge of the facts of sex, and in particular of the meaning of prostitution. The general conspiracy of silence was at last being broken up, and the new women were turning their new eyes upon the old facts. It was at this time still common for medical men to recommend the practice of vice to their men patients, and the practice of vice was an easy thing. A child of thirteen might legally "consent" to her own dishonour, and the man who used her for his pleasure could not be punished as a criminal. It was a crime to abduct a young girl for the purpose of marrying her and so getting control of her property. But it was not a crime to abduct her for the purpose of keeping her in a brothel. It was a crime to keep a brothel. But it was a crime because it was a nuisance to the public, not because it meant the systematic degradation of women and girls. Their knowledge that the law sanctioned, and that so much of male opinion encouraged, the abuse of their sex for the indulgence of their political superiors was enough in itself to direct the attention of earnest women to politics. But these grievances were of ancient growth, and it might reasonably be pleaded that ignorance and want of imagination alone prevented their remedy. A new expression of the same disposing habit of mind showed that it had lost nothing of its old vigour.
The subject of the Contagious Diseases Acts of 1866 and 1869 is dreadful to contemplate and to describe. But its significance is so immense, and its neglect by all ordinary historians is so marked, that it must be treated in this book. The conflict between the disposing and the sympathetic minds, between the
blind and largely unconscious egoism of a governing class and the interest of its depreciated subjects, has never been elsewhere so terribly illustrated. Prostitution has always been regarded by a male society either as a danger or as a convenience. By such women as have known of its existence it has been more justly considered as an example of heartless oppression and abuse. Only a minority of the women who engage in it are there out of their own choice. The great bulk of this trade, which is now not improperly described as the White Slave Traffic, is supplied by unwilling victims. They are entrapped in childhood, or in early youth, they are corrupted by bad housing and overcrowding, they are betrayed by seducers, or they are driven by starvation wages to earn their living on the streets. Their condition is the most wretched of any people in the world. No other trade is so dangerous to those who are employed in it, or so quickly uses up their lives. No other trade so swiftly devours in its workpeople those noble qualities of the mind which would enable them to support the heaviest physical burdens. In prostitution everything is sooner or later destroyed that most adorns body, mind, and soul.
For the victims of this traffic in flesh the Legislature had for long provided nothing but fine and imprisonment, methods which were as useless to deter the minority which was corrupt as they were powerless to save the majority which was unfortunate. The Liberal could adopt only one course, to attack the causes at their roots, to amend Statutes like the Divorce Act, which sanctioned vice in men, to protect young girls by raising the age of consent, and to impose penalties on those who exploited them, to improve the conditions of housing and labour, and to raise wages. The Government which was left in power by Palmerston, seeing prostitution only with male eyes, made a fatal error. They set themselves, not to make prostitution difficult for women, but to make it safe for men. The diseases produced by vice were seriously injuring the health of the Army and Navy. The Government did not attempt, as its successors have attempted, to reduce the practice of vice among their servants. They took the easier
course of recognizing and regulating what they thought they could not check. By the Act of 1866, amended by the Act of 1869, they compelled the unfortunate women in garrison towns to submit themselves periodically to medical examination. The healthy were discharged. The diseased were compulsorily detained in hospitals until they were cured, when they also were released to continue the practice of their trade. The soldiers and sailors were implicitly told that if they were careful to select one of these Government women they could be vicious with impunity. The climax of the system was reached in 1885, when the Commander-in-Chief in India instructed his commanding officers to see that plenty of good-looking girls were provided for their men, and that they had all proper facilities for practising their trade.
Of the foul barbarity of this contrivance of the Legislature it is difficult to write with moderation, even at this distance of time. It is not suggested here that the majority of the men who were responsible were animated by vicious motives. It was only another example of unimaginative dullness legislating without responsibility. But the effect of deliberate wickedness could not have been worse. The wretched were confirmed in wretchedness. The degraded were thrust farther into the depths of degradation. Thousands of human beings of the subject class, originally guilty of nothing worse than poverty or a youthful lapse from principle, were placed by the State at the disposal of the governing class for the foulest purpose. It is a most vivid illustration of the rarity of complete Liberalism, that the Contagious Diseases Acts remained on the Statute Book for seventeen years, and that if they were in the first place smuggled through Parliament, they were afterwards defended by men of all parties alike.
A few politicians like James Stansfeld fought steadily in Parliament. But the Parliamentary machine is so constructed, that when parties are divided public causes fall to the ground. In this case, as in that of the repeal of the Corn Laws, reform came by way of a struggle outside the walls of the Legislature.
Mrs. Josephine Butler was the leader of the agitation. Seventeen years of fighting against vested interests, against the medical profession and the Army, against indifference, against active and persecuting prudery, and against physical violence were required, and the victory was not completed till 1886. But this long agony was of enormous historical importance. It not only achieved its immediate object, the repeal of the Acts and the further result of the passing of the Criminal Law Amendment Act of 1885; its indirect effects were infinite. It was the first organized effort on the part of women in their own political interest. It extended to other parts of the world. It taught women, irrespective of class and race, the value of solidarity. It stimulated the demand for education, for better moral standards, for the franchise, for everything which would enable women to control their own lives and to take themselves out of the disposition of men. It was in fact the greatest single stimulus to that vast social movement for the emancipation of women which is to-day visible in every part of the world. No one can understand the modern demand for Woman Suffrage who does not realize that the driving force behind it is the increasing knowledge of prostitution which has sprung from Mrs. Butler's agitation. Rightly or wrongly, the Suffragists believe that political domination involves moral domination, and that involuntary prostitution will exist so long as the regulation of women's political affairs rests in the hands of men.
The Contagious Diseases Acts represented the extreme abuse of the male ego. But the Liberal Government of 1868, which actually passed the second of the two Acts, did not a little in other ways to improve the condition of women. The Married Women's Property Act of 1870 protected the wife's earnings against her husband, and permitted her to enjoy, for her own use, property which she had acquired by inheritance. The Education Act of 1870 permitted women to be elected as members of the new School Boards, and an Act of 1875 admitted them also to Boards of Guardians. These three Acts marked a substantial rise in the social scale. They affected chiefly women of the
richer classes. But the admissions which they implied were of indefinite extent. Society had begun to look at the individual within the family as it had begun to look at the individual within the class or sect. The wife was acknowledged to be a separate individual from her husband, and the presence of women on public bodies was a sufficient answer to the argument that women should be confined to those duties which they could only perform in association with men. Marriage had ceased to be the sole object of a decent woman's life. In spite of the monstrous injustice of the Contagious Diseases Acts, woman was being placed in Society, in some measure at least, in accordance with her own worth, and not with the assumptions of male egoism.