Re: Annie Besant: An Autobiography, by Annie Besant
Posted: Sun May 06, 2018 6:12 am
Part 1 of 2
CHAPTER 9: THE KNOWLTON PAMPHLET.
The year 1877 dawned, and in its early days began a struggle which, ending in victory all along the line, brought with it pain and anguish that I scarcely care to recall. An American physician, Dr. Charles Knowlton, convinced of the truth of the teaching of the Rev. Mr. Malthus, and seeing that that teaching had either no practical value or tended to the great increase of prostitution, unless married people were taught to limit their families within their means of livelihood—wrote a pamphlet on the voluntary limitation of the family. It was published somewhere in the Thirties—about 1835, I think—and was sold unchallenged in England as well as in America for some forty years. Philosophers of the Bentham school, like John Stuart Mill, endorsed its teachings, and the bearing of population on poverty was an axiom in economic literature. Dr. Knowlton's work was a physiological treatise, advocating conjugal prudence and parental responsibility; it argued in favour of early marriage, with a view to the purity of social life; but as early marriage between persons of small means generally implies a large family, leading either to pauperism or to lack of necessary food, clothing, education, and fair start in life for the children, Dr. Knowlton advocated the restriction of the number of the family within the means of subsistence, and stated the methods by which this restriction could be carried out. The book was never challenged till a disreputable Bristol bookseller put some copies on sale to which he added some improper pictures, and he was prosecuted and convicted. The publisher of the National Reformer and of Mr. Bradlaugh's and my books and pamphlets had taken over a stock of Knowlton's pamphlets among other literature he bought, and he was prosecuted and, to our great dismay, pleaded guilty. We at once removed our publishing from his hands, and after careful deliberation we decided to publish the incriminated pamphlet in order to test the right of discussion on the population question, when, with the advice to limit the family, information was given as to how that advice could be followed. We took a little shop, printed the pamphlet, and sent notice to the police that we would commence the sale at a certain day and hour, and ourselves sell the pamphlet, so that no one else might be endangered by our action. We resigned our offices in the National Secular Society that we might not injure the society, but the executive first, and then the Annual Conference, refused to accept the resignations. Our position as regarded the pamphlet was simple and definite; had it been brought to us for publication, we stated, we should not have published it, for it was not a treatise of high merit; but, prosecuted as immoral because it advised the limitation of the family, it at once embodied the right of publication. In a preface to the republished edition, we wrote:—
"We republish this pamphlet, honestly believing that on all questions affecting the happiness of the people, whether they be theological, political, or social, fullest right of free discussion ought to be maintained at all hazards. We do not personally endorse all that Dr. Knowlton says: his 'Philosophical Proem' seems to us full of philosophical mistakes, and—as we are neither of us doctors—we are not prepared to endorse his medical views; but since progress can only be made through discussion, and no discussion is possible where differing opinions are suppressed, we claim the right to publish all opinions, so that the public, enabled to see all sides of a question, may have the materials for forming a sound judgment."
We were not blind to the danger to which this defiance of the authorities exposed us, but it was not the danger of failure, with the prison as penalty, that gave us pause. It was the horrible misconceptions that we saw might arise; the odious imputations on honour and purity that would follow. Could we, the teachers of a lofty morality, venture to face a prosecution for publishing what would be technically described as an obscene book, and risk the ruin of our future, dependent as that was on our fair fame? To Mr. Bradlaugh it meant, as he felt, the almost certain destruction of his Parliamentary position, the forging by his own hands of a weapon that in the hands of his foes would be well-nigh fatal. To me it meant the loss of the pure reputation I prized, the good name I had guarded—scandal the most terrible a woman could face. But I had seen the misery of the poor, of my sister-women with children crying for bread; the wages of the workmen were often sufficient for four, but eight or ten they could not maintain. Should I set my own safety, my own good name, against the helping of these? Did it matter that my reputation should be ruined, if its ruin helped to bring remedy to this otherwise hopeless wretchedness of thousands? What was worth all my talk about self-sacrifice and self-surrender, if, brought to the test, I failed? So, with heart aching but steady, I came to my resolution; and though I know now that I was wrong intellectually, and blundered in the remedy, I was right morally in the will to sacrifice all to help the poor, and I can rejoice that I faced a storm of obloquy fiercer and harder to bear than any other which can ever touch me again. I learned a lesson of stern indifference to all judgments from without that were not endorsed by condemnation from within. The long suffering that followed was a splendid school for the teaching of endurance.
The day before the pamphlet was put on sale we ourselves delivered copies to the Chief Clerk of the Magistrates at Guildhall, to the officer in charge at the City Police Office in Old Jewry, and to the Solicitor for the City of London. With each pamphlet was a notice that we would attend and sell the book from 4 to 5 p.m. on the following day, Saturday, March 24th. This we accordingly did, and in order to save trouble we offered to attend daily at the shop from 10 to 11 a.m. to facilitate our arrest, should the authorities determine to prosecute. The offer was readily accepted, and after some little delay—during which a deputation from the Christian Evidence Society waited upon Mr. Cross to urge the Tory Government to prosecute us—warrants were issued against us and we were arrested on April 6th. Letters of approval and encouragement came from the most diverse quarters, including among their writers General Garibaldi, the well-known economist, Yves Guyot, the great French constitutional lawyer, Emile Acollas, together with letters literally by the hundred from poor men and women thanking and blessing us for the stand taken. Noticeable were the numbers of letters from clergymen's wives, and wives of ministers of all denominations.
After our arrest we were taken to the police-station in Bridewell Place, and thence to the Guildhall, where Alderman Figgins was sitting, before whom we duly appeared, while in the back of the court waited what an official described as "a regular waggon-load of bail." We were quickly released, the preliminary investigation being fixed for ten days later—April 17th. At the close of the day the magistrate released us on our own recognisances, without bail; and it was so fully seen on all sides that we were fighting for a principle that no bail was asked for during the various stages of the trial. Two days later we were committed for trial at the Central Criminal Court, but Mr. Bradlaugh moved for a writ of certiorari to remove the trial to the Court of Queen's Bench; Lord Chief Justice Cockburn said he would grant the writ if "upon looking at it (the book), we think its object is the legitimate one of promoting knowledge on a matter of human interest," but not if the science were only a cover for impurity, and he directed that copies of the book should be handed in for perusal by himself and Mr. Justice Mellor. Having read the book they granted the writ.
The trial commenced on June 18th before the Lord Chief Justice of England and a special jury, Sir Hardinge Giffard, the Solicitor-General of the Tory Government, leading against us, and we defending ourselves. The Lord Chief Justice "summed up strongly for an acquittal," as a morning paper said; he declared that "a more ill-advised and more injudicious proceeding in the way of a prosecution was probably never brought into a court of justice," and described us as "two enthusiasts who have been actuated by a desire to do good in a particular department of society." He then went on to a splendid statement of the law of population, and ended by praising our straightforwardness and asserting Knowlton's honesty of intention. Every one in court thought that we had won our case, but they had not taken into account the religious and political hatred against us and the presence on the jury of such men as Mr. Walter, of the Times. After an hour and thirty-five minutes of delay the verdict was a compromise: "We are unanimously of opinion that the book in question is calculated to deprave public morals, but at the same time we entirely exonerate the defendants from any corrupt motive in publishing it." The Lord Chief Justice looked troubled, and said that he should have to translate the verdict into one of guilty, and on that some of the jury turned to leave the box, it having been agreed—we heard later from one of them—that if the verdict were not accepted in that form they should retire again, as six of the jury were against convicting us; but the foreman, who was bitterly hostile, jumped at the chance of snatching a conviction, and none of those in our favour had the courage to contradict him on the spur of the moment, so the foreman's "Guilty" passed, and the judge set us free, on Mr. Bradlaugh's recognisances to come up for judgment that day week.
On that day we moved to quash the indictment and for a new trial, partly on a technical ground and partly on the ground that the verdict, having acquitted us of wrong motive, was in our favour, not against us. On this the Court did not agree with us, holding that the part of the indictment alleging corrupt motive was superfluous. Then came the question of sentence, and on this the Lord Chief Justice did his best to save us; we were acquitted of any intent to violate the law; would we submit to the verdict of the jury and promise not to sell the book? No, we would not; we claimed the right to sell, and meant to vindicate it. The judge pleaded, argued, finally got angry with us, and, at last, compelled to pass sentence, he stated that if we would have yielded he would have let us go free without penalty, but that as we would set ourselves against the law, break it and defy it—a sore offence from the judge's point of view—he could only pass a heavy sentence on each of six months' imprisonment, a fine of £200, and recognisances of £500 for two years, and this, as he again repeated, upon the assumption "that they do intend to set the law at defiance." Even despite this he made us first-class misdemeanants. Then, as Mr. Bradlaugh stated that we should move for a writ of error, he liberated us on Mr. Bradlaugh's recognisance for £100, the queerest comment on his view of the case and of our characters, since we were liable jointly to £1,400 under the sentence, to say nothing of the imprisonment. But prison and money penalties vanished into thin air, for the writ of error was granted, proved successful, and the verdict was quashed.
Then ensued a somewhat anxious time. We were resolute to continue selling; were our opponents equally resolved to prosecute us? We could not tell. I wrote a pamphlet entitled "The Law of Population," giving the arguments which had convinced me of its truth, the terrible distress and degradation entailed on families by overcrowding and the lack of the necessaries of life, pleading for early marriages that prostitution might be destroyed, and limitation of the family that pauperism might be avoided; finally, giving the information which rendered early marriage without these evils possible. This pamphlet was put in circulation as representing our view of the subject, and we again took up the sale of Knowlton's. Mr. Bradlaugh carried the war into the enemy's country, and commenced an action against the police for the recovery of some pamphlets they had seized; he carried the action to a successful issue, recovered the pamphlets, bore them off in triumph, and we sold them all with an inscription across them, "Recovered from the police." We continued the sale of Knowlton's tract for some time, until we received an intimation that no further prosecution would be attempted, and on this we at once dropped its publication, substituting for it my "Law of Population."
But the worst part of the fight, for me, was to come. Prosecution of the "Law of Population" was threatened, but never commenced; a worse weapon against me was in store. An attempt had been made in August, 1875, to deprive me of the custody of my little girl by hiding her away when she went on her annual visit of one month to her father, but I had promptly recovered her by threatening to issue a writ of habeas corpus. Now it was felt that the Knowlton trial might be added to the charges of blasphemy that could be urged against me, and that this double-barrelled gun might be discharged with effect. I received notice in January, 1878, that an application was to be made to the High Court of Chancery to deprive me of the child, but the petition was not filed till the following April. Mabel was dangerously ill with scarlet fever at the time, and though this fact was communicated to her father I received a copy of the petition while sitting at her bedside. The petition alleged that, "The said Annie Besant is, by addresses, lectures, and writings, endeavouring to propagate the principles of Atheism, and has published a book entitled 'The Gospel of Atheism.' She has also associated herself with an infidel lecturer and author named Charles Bradlaugh in giving lectures and in publishing books and pamphlets, whereby the truth of the Christian religion is impeached, and disbelief in all religion inculcated."
It further alleged against me the publication of the Knowlton pamphlet, and the writing of the "Law of Population." Unhappily, the petition came for hearing before the then Master of the Rolls, Sir George Jessel, a man animated by the old spirit of Hebrew bigotry, to which he had added the time-serving morality of a "man of the world," sceptical as to all sincerity, and contemptuous of all devotion to an unpopular cause. The treatment I received at his hands on my first appearance in court told me what I had to expect. I had already had some experience of English judges, the stately kindness and gentleness of the Lord Chief Justice, the perfect impartiality and dignified courtesy of the Lords Justices of Appeal. My astonishment, then, can be imagined when, in answer to a statement by Mr. Ince, Q.C., that I appeared in person, I heard a harsh, loud voice exclaim:
"Appear in person? A lady appear in person? Never heard of such a thing! Does the lady really appear in person?"
As the London papers had been full of my appearing in person in the other courts and had contained the high compliments of the Lord Chief Justice on my conduct of my own case, Sir George Jessel's pretended astonishment seemed a little overdone. After a variety of similar remarks delivered in the most grating tones and in the roughest manner, Sir George Jessel tried to obtain his object by browbeating me directly. "Is this the lady?"
"I am the respondent, my lord, Mrs. Besant."
"Then I advise you, Mrs. Besant, to employ counsel to represent you, if you can afford it; and I suppose you can."
"With all submission to your lordship, I am afraid I must claim my right of arguing my case in person."
"You will do so if you please, of course, but I think you had much better appear by counsel. I give you notice that, if you do not, you must not expect to be shown any consideration. You will not be heard by me at any greater length than the case requires, nor allowed to go into irrelevant matter, as persons who argue their own cases usually do."
"I trust I shall not do so, my lord; but in any case I shall be arguing under your lordship's complete control."
This encouraging beginning may be taken as a sample of the case—it was one long fight against clever counsel, aided by a counsel instead of a judge on the bench. Only once did judge and counsel fall out. Mr. Ince and Mr. Bardswell had been arguing that my Atheism and Malthusianism made me an unfit guardian for my child; Mr. Ince declared that Mabel, educated by me, would "be helpless for good in this world," and "hopeless for good hereafter, outcast in this life and damned in the next." Mr. Bardswell implored the judge to consider that my custody of her "would be detrimental to the future prospects of the child in society, to say nothing of her eternal prospects." Had not the matter been to me of such heart-breaking importance, I could have laughed at the mixture of Mrs. Grundy, marriage establishment, and hell, presented as an argument for robbing a mother of her child. But Mr. Bardswell carelessly forgot that Sir George Jessel was a Jew, and lifting eyes to heaven in horrified appeal, he gasped out:
"Your lordship, I think, will scarcely credit it, but Mrs. Besant says, in a later affidavit, that she took away the Testament from the child because it contained coarse passages unfit for a child to read."
The opportunity was too tempting for a Jew to refrain from striking at a book written by apostate Jews, and Sir George Jessel answered sharply:
"It is not true to say there are no passages unfit for a child's reading, because I think there are a great many."
"I do not know of any passages that could fairly be called coarse."
"I cannot quite assent to that."
Barring this little episode judge and counsel showed a charming unanimity. I distinctly said I was an Atheist, that I had withdrawn the child from religious instruction at the day-school she attended, that I had written various anti-Christian books, and so on; but I claimed the child's custody on the ground that the deed of separation distinctly gave it to me, and had been executed by her father after I had left the Christian Church, and that my opinions were not sufficient to invalidate it. It was admitted on the other side that the child was admirably cared for, and there was no attempt at attacking my personal character. The judge stated that I had taken the greatest possible care of the child, but decided that the mere fact of my refusing to give the child religious instruction was sufficient ground for depriving me of her custody. Secular education he regarded as "not only reprehensible, but detestable, and likely to work utter ruin to the child, and I certainly should upon this ground alone decide that this child ought not to remain another day under the care of her mother."
Sir George Jessel denounced also my Malthusian views in a fashion at once so brutal and so untruthful as to facts, that some years later another judge, the senior puisne judge of the Supreme Court of New South Wales, declared in a judgment delivered in his own court that there was "no language used by Lord Cockburn which justified the Master of the Rolls in assuming that Lord Cockburn regarded the book as obscene," and that "little weight is to be attached to his opinion on a point not submitted for his decision"; he went on to administer a sharp rebuke for the way in which Sir George Jessel travelled outside the case, and remarked that "abuse, however, of an unpopular opinion, whether indulged in by judges or other people, is not argument, nor can the vituperation of opponents in opinion prove them to be immoral." However, Sir George Jessel was all-powerful in his own court, and he deprived me of my child, refusing to stay the order even until the hearing of my appeal against his decision. A messenger from the father came to my house, and the little child was carried away by main force, shrieking and struggling, still weak from the fever, and nearly frantic with fear and passionate resistance. No access to her was given me, and I gave notice that if access were denied me, I would sue for a restitution of conjugal rights, merely that I might see my children. But the strain had been too great, and I nearly went mad, spending hours pacing up and down the empty rooms, striving to weary myself to exhaustion that I might forget. The loneliness and silence of the house, of which my darling had always been the sunshine and the music, weighed on me like an evil dream; I listened for the patter of the dancing feet, and merry, thrilling laughter that rang through the garden, the sweet music of the childish voice; during my sleepless nights I missed in the darkness the soft breathing of the little child; each morning I longed in vain for the clinging arms and soft, sweet kisses. At last health broke down, and fever struck me, and mercifully gave me the rest of pain and delirium instead of the agony of conscious loss. Through that terrible illness, day after day, Mr. Bradlaugh came to me, and sat writing beside me, feeding me with ice and milk, refused from all others, and behaving more like a tender mother than a man friend; he saved my life, though it seemed to me for awhile of little value, till the first months of lonely pain were over. When recovered, I took steps to set aside an order obtained by Mr. Besant during my illness, forbidding me to bring any suit against him, and even the Master of the Rolls, on hearing that all access had been denied to me, and the money due to me stopped, uttered words of strong condemnation of the way in which I had been treated. Finally the deed of separation executed in 1873 was held to be good as protecting Mr. Besant from any suit brought by me, whether for divorce or for restitution of conjugal rights, while the clauses giving me the custody of the child were set aside. The Court of Appeal in April, 1879, upheld the decision, the absolute right of the father as against a married mother being upheld. This ignoring of all right to her children on the part of the married mother is a scandal and a wrong that has since been redressed by Parliament, and the husband has no longer in his grasp this instrument of torture, whose power to agonise depends on the tenderness and strength of the motherliness of the wife. In the days when the law took my child from me, it virtually said to all women: "Choose which of these two positions, as wife and mother, you will occupy. If you are legally your husband's wife, you can have no legal claim to your children; if legally you are your husband's mistress, your rights as mother are secure." That stigma on marriage is now removed.
One thing I gained in the Court of Appeal. The Court expressed a strong view as to my right of access, and directed me to apply to Sir George Jessel for it, adding that it could not doubt he would grant it. Under cover of this I applied to the Master of the Rolls, and obtained liberal access to the children; but I found that my visits kept Mabel in a continual state of longing and fretting for me, while the ingenious forms of petty insult that were devised against me and used in the children's presence would soon become palpable to them and cause continual pain. So, after a painful struggle with myself, I resolved to give up the right of seeing them, feeling that thus only could I save them from constantly recurring conflict, destructive of all happiness and of all respect for one or the other parent. Resolutely I turned my back on them that I might spare them trouble, and determined that, robbed of my own, I would be a mother to all helpless children I could aid, and cure the pain at my own heart by soothing the pain of others.
As far as regards this whole struggle over the Knowlton pamphlet, victory was finally won all along the line. Not only did we, as related, recover all our seized pamphlets, and continue the sale till all prosecution and threat of prosecution were definitely surrendered; but my own tract had an enormous sale, so that when I withdrew it from sale in June, 1891, I was offered a large sum for the copyright, an offer which I, of course, refused. Since that time not a copy has been sold with my knowledge or permission, but long ere that the pamphlet had received a very complete legal vindication. For while it circulated untouched in England, a prosecution was attempted against it in New South Wales, but was put an end to by an eloquent and luminous judgment by the senior puisne judge of the Supreme Court, Mr. Justice Windmeyer, in December, 1888. This judge, the most respected in the great Australian colony, spoke out plainly and strongly on the morality of such teaching. "Take the case," he said, "of a woman married to a drunken husband, steadily ruining his constitution and hastening to the drunkard's doom, loss of employment for himself, semi-starvation for his family, and finally death, without a shilling to leave those whom he has brought into the world, but armed with the authority of the law to treat his wife as his slave, ever brutally insisting on the indulgence of his marital rights. Where is the immorality, if, already broken in health from unresting maternity, having already a larger family than she can support when the miserable breadwinner has drunk himself to death, the woman avails herself of the information given in this book, and so averts the consequences of yielding to her husband's brutal insistence on his marital rights? Already weighted with a family that she is unable to decently bring up, the immorality, it seems to me, would be in the reckless and criminal disregard of precautions which would prevent her bringing into the world daughters whose future outlook as a career would be prostitution, or sons whose inherited taint of alcoholism would soon drag them down with their sisters to herd with the seething mass of degenerate and criminal humanity that constitutes the dangerous classes of great cities. In all these cases the appeal is from thoughtless, unreasoning prejudice to conscience, and, if listened to, its voice will be heard unmistakably indicating where the path of duty lies."
The judge forcibly refused to be any party to the prohibition of such a pamphlet, regarding it as of high service to the community. He said: "So strong is the dread of the world's censure upon this topic that few have the courage openly to express their views upon it; and its nature is such that it is only amongst thinkers who discuss all subjects, or amongst intimate acquaintances, that community of thought upon the question is discovered. But let any one inquire amongst those who have sufficient education and ability to think for themselves, and who do not idly float, slaves to the current of conventional opinion, and he will discover that numbers of men and women of purest lives, of noblest aspirations, pious, cultivated, and refined, see no wrong in teaching the ignorant that it is wrong to bring into the world children to whom they cannot do justice, and who think it folly to stop short in telling them simply and plainly how to prevent it. A more robust view of morals teaches that it is puerile to ignore human passions and human physiology. A clearer perception of truth and the safety of trusting to it teaches that in law, as in religion, it is useless trying to limit the knowledge of mankind by any inquisitorial attempts to place upon a judicial Index Expurgatorius works written with an earnest purpose, and commending themselves to thinkers of well-balanced minds. I will be no party to any such attempt. I do not believe that it was ever meant that the Obscene Publication Act should apply to cases of this kind, but only to the publication of such matter as all good men would regard as lewd and filthy, to lewd and bawdy novels, pictures and exhibitions, evidently published and given for lucre's sake. It could never have been intended to stifle the expression of thought by the earnest-minded on a subject of transcendent national importance like the present, and I will not strain it for that purpose. As pointed out by Lord Cockburn in the case of the Queen v. Bradlaugh and Besant, all prosecutions of this kind should be regarded as mischievous, even by those who disapprove the opinions sought to be stifled, inasmuch as they only tend more widely to diffuse the teaching objected to. To those, on the other hand, who desire its promulgation, it must be a matter of congratulation that this, like all attempted persecutions of thinkers, will defeat its own object, and that truth, like a torch, 'the more it's shook it shines.'"
The argument of Mr. Justice Windmeyer for the Neo-Malthusian position was (as any one may see who reads the full text of the judgment) one of the most luminous and cogent I have ever read. The judgment was spoken of at the time in the English press as a "brilliant triumph for Mrs. Besant," and so I suppose it was; but no legal judgment could undo the harm wrought on the public mind in England by malignant and persistent misrepresentation. What that trial and its results cost me in pain no one but myself will ever know; on the other hand, there was the passionate gratitude evidenced by letters from thousands of poor married women—many from the wives of country clergymen and curates—thanking and blessing me for showing them how to escape from the veritable hell in which they lived. The "upper classes" of society know nothing about the way in which the poor live; how their overcrowding destroys all sense of personal dignity, of modesty, of outward decency, till human life, as Bishop Fraser justly said, is "degraded below the level of the swine." To such, and among such I went, and I could not grudge the price that then seemed to me as the ransom for their redemption. To me, indeed, it meant the losing of all that made life dear, but for them it seemed to be the gaining of all that gave hope of a better future. So how could I hesitate—I whose heart had been fired by devotion to an ideal Humanity, inspired by that Materialism that is of love and not of hate?
CHAPTER 9: THE KNOWLTON PAMPHLET.
The year 1877 dawned, and in its early days began a struggle which, ending in victory all along the line, brought with it pain and anguish that I scarcely care to recall. An American physician, Dr. Charles Knowlton, convinced of the truth of the teaching of the Rev. Mr. Malthus, and seeing that that teaching had either no practical value or tended to the great increase of prostitution, unless married people were taught to limit their families within their means of livelihood—wrote a pamphlet on the voluntary limitation of the family. It was published somewhere in the Thirties—about 1835, I think—and was sold unchallenged in England as well as in America for some forty years. Philosophers of the Bentham school, like John Stuart Mill, endorsed its teachings, and the bearing of population on poverty was an axiom in economic literature. Dr. Knowlton's work was a physiological treatise, advocating conjugal prudence and parental responsibility; it argued in favour of early marriage, with a view to the purity of social life; but as early marriage between persons of small means generally implies a large family, leading either to pauperism or to lack of necessary food, clothing, education, and fair start in life for the children, Dr. Knowlton advocated the restriction of the number of the family within the means of subsistence, and stated the methods by which this restriction could be carried out. The book was never challenged till a disreputable Bristol bookseller put some copies on sale to which he added some improper pictures, and he was prosecuted and convicted. The publisher of the National Reformer and of Mr. Bradlaugh's and my books and pamphlets had taken over a stock of Knowlton's pamphlets among other literature he bought, and he was prosecuted and, to our great dismay, pleaded guilty. We at once removed our publishing from his hands, and after careful deliberation we decided to publish the incriminated pamphlet in order to test the right of discussion on the population question, when, with the advice to limit the family, information was given as to how that advice could be followed. We took a little shop, printed the pamphlet, and sent notice to the police that we would commence the sale at a certain day and hour, and ourselves sell the pamphlet, so that no one else might be endangered by our action. We resigned our offices in the National Secular Society that we might not injure the society, but the executive first, and then the Annual Conference, refused to accept the resignations. Our position as regarded the pamphlet was simple and definite; had it been brought to us for publication, we stated, we should not have published it, for it was not a treatise of high merit; but, prosecuted as immoral because it advised the limitation of the family, it at once embodied the right of publication. In a preface to the republished edition, we wrote:—
"We republish this pamphlet, honestly believing that on all questions affecting the happiness of the people, whether they be theological, political, or social, fullest right of free discussion ought to be maintained at all hazards. We do not personally endorse all that Dr. Knowlton says: his 'Philosophical Proem' seems to us full of philosophical mistakes, and—as we are neither of us doctors—we are not prepared to endorse his medical views; but since progress can only be made through discussion, and no discussion is possible where differing opinions are suppressed, we claim the right to publish all opinions, so that the public, enabled to see all sides of a question, may have the materials for forming a sound judgment."
We were not blind to the danger to which this defiance of the authorities exposed us, but it was not the danger of failure, with the prison as penalty, that gave us pause. It was the horrible misconceptions that we saw might arise; the odious imputations on honour and purity that would follow. Could we, the teachers of a lofty morality, venture to face a prosecution for publishing what would be technically described as an obscene book, and risk the ruin of our future, dependent as that was on our fair fame? To Mr. Bradlaugh it meant, as he felt, the almost certain destruction of his Parliamentary position, the forging by his own hands of a weapon that in the hands of his foes would be well-nigh fatal. To me it meant the loss of the pure reputation I prized, the good name I had guarded—scandal the most terrible a woman could face. But I had seen the misery of the poor, of my sister-women with children crying for bread; the wages of the workmen were often sufficient for four, but eight or ten they could not maintain. Should I set my own safety, my own good name, against the helping of these? Did it matter that my reputation should be ruined, if its ruin helped to bring remedy to this otherwise hopeless wretchedness of thousands? What was worth all my talk about self-sacrifice and self-surrender, if, brought to the test, I failed? So, with heart aching but steady, I came to my resolution; and though I know now that I was wrong intellectually, and blundered in the remedy, I was right morally in the will to sacrifice all to help the poor, and I can rejoice that I faced a storm of obloquy fiercer and harder to bear than any other which can ever touch me again. I learned a lesson of stern indifference to all judgments from without that were not endorsed by condemnation from within. The long suffering that followed was a splendid school for the teaching of endurance.
The day before the pamphlet was put on sale we ourselves delivered copies to the Chief Clerk of the Magistrates at Guildhall, to the officer in charge at the City Police Office in Old Jewry, and to the Solicitor for the City of London. With each pamphlet was a notice that we would attend and sell the book from 4 to 5 p.m. on the following day, Saturday, March 24th. This we accordingly did, and in order to save trouble we offered to attend daily at the shop from 10 to 11 a.m. to facilitate our arrest, should the authorities determine to prosecute. The offer was readily accepted, and after some little delay—during which a deputation from the Christian Evidence Society waited upon Mr. Cross to urge the Tory Government to prosecute us—warrants were issued against us and we were arrested on April 6th. Letters of approval and encouragement came from the most diverse quarters, including among their writers General Garibaldi, the well-known economist, Yves Guyot, the great French constitutional lawyer, Emile Acollas, together with letters literally by the hundred from poor men and women thanking and blessing us for the stand taken. Noticeable were the numbers of letters from clergymen's wives, and wives of ministers of all denominations.
After our arrest we were taken to the police-station in Bridewell Place, and thence to the Guildhall, where Alderman Figgins was sitting, before whom we duly appeared, while in the back of the court waited what an official described as "a regular waggon-load of bail." We were quickly released, the preliminary investigation being fixed for ten days later—April 17th. At the close of the day the magistrate released us on our own recognisances, without bail; and it was so fully seen on all sides that we were fighting for a principle that no bail was asked for during the various stages of the trial. Two days later we were committed for trial at the Central Criminal Court, but Mr. Bradlaugh moved for a writ of certiorari to remove the trial to the Court of Queen's Bench; Lord Chief Justice Cockburn said he would grant the writ if "upon looking at it (the book), we think its object is the legitimate one of promoting knowledge on a matter of human interest," but not if the science were only a cover for impurity, and he directed that copies of the book should be handed in for perusal by himself and Mr. Justice Mellor. Having read the book they granted the writ.
The trial commenced on June 18th before the Lord Chief Justice of England and a special jury, Sir Hardinge Giffard, the Solicitor-General of the Tory Government, leading against us, and we defending ourselves. The Lord Chief Justice "summed up strongly for an acquittal," as a morning paper said; he declared that "a more ill-advised and more injudicious proceeding in the way of a prosecution was probably never brought into a court of justice," and described us as "two enthusiasts who have been actuated by a desire to do good in a particular department of society." He then went on to a splendid statement of the law of population, and ended by praising our straightforwardness and asserting Knowlton's honesty of intention. Every one in court thought that we had won our case, but they had not taken into account the religious and political hatred against us and the presence on the jury of such men as Mr. Walter, of the Times. After an hour and thirty-five minutes of delay the verdict was a compromise: "We are unanimously of opinion that the book in question is calculated to deprave public morals, but at the same time we entirely exonerate the defendants from any corrupt motive in publishing it." The Lord Chief Justice looked troubled, and said that he should have to translate the verdict into one of guilty, and on that some of the jury turned to leave the box, it having been agreed—we heard later from one of them—that if the verdict were not accepted in that form they should retire again, as six of the jury were against convicting us; but the foreman, who was bitterly hostile, jumped at the chance of snatching a conviction, and none of those in our favour had the courage to contradict him on the spur of the moment, so the foreman's "Guilty" passed, and the judge set us free, on Mr. Bradlaugh's recognisances to come up for judgment that day week.
On that day we moved to quash the indictment and for a new trial, partly on a technical ground and partly on the ground that the verdict, having acquitted us of wrong motive, was in our favour, not against us. On this the Court did not agree with us, holding that the part of the indictment alleging corrupt motive was superfluous. Then came the question of sentence, and on this the Lord Chief Justice did his best to save us; we were acquitted of any intent to violate the law; would we submit to the verdict of the jury and promise not to sell the book? No, we would not; we claimed the right to sell, and meant to vindicate it. The judge pleaded, argued, finally got angry with us, and, at last, compelled to pass sentence, he stated that if we would have yielded he would have let us go free without penalty, but that as we would set ourselves against the law, break it and defy it—a sore offence from the judge's point of view—he could only pass a heavy sentence on each of six months' imprisonment, a fine of £200, and recognisances of £500 for two years, and this, as he again repeated, upon the assumption "that they do intend to set the law at defiance." Even despite this he made us first-class misdemeanants. Then, as Mr. Bradlaugh stated that we should move for a writ of error, he liberated us on Mr. Bradlaugh's recognisance for £100, the queerest comment on his view of the case and of our characters, since we were liable jointly to £1,400 under the sentence, to say nothing of the imprisonment. But prison and money penalties vanished into thin air, for the writ of error was granted, proved successful, and the verdict was quashed.
Then ensued a somewhat anxious time. We were resolute to continue selling; were our opponents equally resolved to prosecute us? We could not tell. I wrote a pamphlet entitled "The Law of Population," giving the arguments which had convinced me of its truth, the terrible distress and degradation entailed on families by overcrowding and the lack of the necessaries of life, pleading for early marriages that prostitution might be destroyed, and limitation of the family that pauperism might be avoided; finally, giving the information which rendered early marriage without these evils possible. This pamphlet was put in circulation as representing our view of the subject, and we again took up the sale of Knowlton's. Mr. Bradlaugh carried the war into the enemy's country, and commenced an action against the police for the recovery of some pamphlets they had seized; he carried the action to a successful issue, recovered the pamphlets, bore them off in triumph, and we sold them all with an inscription across them, "Recovered from the police." We continued the sale of Knowlton's tract for some time, until we received an intimation that no further prosecution would be attempted, and on this we at once dropped its publication, substituting for it my "Law of Population."
But the worst part of the fight, for me, was to come. Prosecution of the "Law of Population" was threatened, but never commenced; a worse weapon against me was in store. An attempt had been made in August, 1875, to deprive me of the custody of my little girl by hiding her away when she went on her annual visit of one month to her father, but I had promptly recovered her by threatening to issue a writ of habeas corpus. Now it was felt that the Knowlton trial might be added to the charges of blasphemy that could be urged against me, and that this double-barrelled gun might be discharged with effect. I received notice in January, 1878, that an application was to be made to the High Court of Chancery to deprive me of the child, but the petition was not filed till the following April. Mabel was dangerously ill with scarlet fever at the time, and though this fact was communicated to her father I received a copy of the petition while sitting at her bedside. The petition alleged that, "The said Annie Besant is, by addresses, lectures, and writings, endeavouring to propagate the principles of Atheism, and has published a book entitled 'The Gospel of Atheism.' She has also associated herself with an infidel lecturer and author named Charles Bradlaugh in giving lectures and in publishing books and pamphlets, whereby the truth of the Christian religion is impeached, and disbelief in all religion inculcated."
It further alleged against me the publication of the Knowlton pamphlet, and the writing of the "Law of Population." Unhappily, the petition came for hearing before the then Master of the Rolls, Sir George Jessel, a man animated by the old spirit of Hebrew bigotry, to which he had added the time-serving morality of a "man of the world," sceptical as to all sincerity, and contemptuous of all devotion to an unpopular cause. The treatment I received at his hands on my first appearance in court told me what I had to expect. I had already had some experience of English judges, the stately kindness and gentleness of the Lord Chief Justice, the perfect impartiality and dignified courtesy of the Lords Justices of Appeal. My astonishment, then, can be imagined when, in answer to a statement by Mr. Ince, Q.C., that I appeared in person, I heard a harsh, loud voice exclaim:
"Appear in person? A lady appear in person? Never heard of such a thing! Does the lady really appear in person?"
As the London papers had been full of my appearing in person in the other courts and had contained the high compliments of the Lord Chief Justice on my conduct of my own case, Sir George Jessel's pretended astonishment seemed a little overdone. After a variety of similar remarks delivered in the most grating tones and in the roughest manner, Sir George Jessel tried to obtain his object by browbeating me directly. "Is this the lady?"
"I am the respondent, my lord, Mrs. Besant."
"Then I advise you, Mrs. Besant, to employ counsel to represent you, if you can afford it; and I suppose you can."
"With all submission to your lordship, I am afraid I must claim my right of arguing my case in person."
"You will do so if you please, of course, but I think you had much better appear by counsel. I give you notice that, if you do not, you must not expect to be shown any consideration. You will not be heard by me at any greater length than the case requires, nor allowed to go into irrelevant matter, as persons who argue their own cases usually do."
"I trust I shall not do so, my lord; but in any case I shall be arguing under your lordship's complete control."
This encouraging beginning may be taken as a sample of the case—it was one long fight against clever counsel, aided by a counsel instead of a judge on the bench. Only once did judge and counsel fall out. Mr. Ince and Mr. Bardswell had been arguing that my Atheism and Malthusianism made me an unfit guardian for my child; Mr. Ince declared that Mabel, educated by me, would "be helpless for good in this world," and "hopeless for good hereafter, outcast in this life and damned in the next." Mr. Bardswell implored the judge to consider that my custody of her "would be detrimental to the future prospects of the child in society, to say nothing of her eternal prospects." Had not the matter been to me of such heart-breaking importance, I could have laughed at the mixture of Mrs. Grundy, marriage establishment, and hell, presented as an argument for robbing a mother of her child. But Mr. Bardswell carelessly forgot that Sir George Jessel was a Jew, and lifting eyes to heaven in horrified appeal, he gasped out:
"Your lordship, I think, will scarcely credit it, but Mrs. Besant says, in a later affidavit, that she took away the Testament from the child because it contained coarse passages unfit for a child to read."
The opportunity was too tempting for a Jew to refrain from striking at a book written by apostate Jews, and Sir George Jessel answered sharply:
"It is not true to say there are no passages unfit for a child's reading, because I think there are a great many."
"I do not know of any passages that could fairly be called coarse."
"I cannot quite assent to that."
Barring this little episode judge and counsel showed a charming unanimity. I distinctly said I was an Atheist, that I had withdrawn the child from religious instruction at the day-school she attended, that I had written various anti-Christian books, and so on; but I claimed the child's custody on the ground that the deed of separation distinctly gave it to me, and had been executed by her father after I had left the Christian Church, and that my opinions were not sufficient to invalidate it. It was admitted on the other side that the child was admirably cared for, and there was no attempt at attacking my personal character. The judge stated that I had taken the greatest possible care of the child, but decided that the mere fact of my refusing to give the child religious instruction was sufficient ground for depriving me of her custody. Secular education he regarded as "not only reprehensible, but detestable, and likely to work utter ruin to the child, and I certainly should upon this ground alone decide that this child ought not to remain another day under the care of her mother."
Sir George Jessel denounced also my Malthusian views in a fashion at once so brutal and so untruthful as to facts, that some years later another judge, the senior puisne judge of the Supreme Court of New South Wales, declared in a judgment delivered in his own court that there was "no language used by Lord Cockburn which justified the Master of the Rolls in assuming that Lord Cockburn regarded the book as obscene," and that "little weight is to be attached to his opinion on a point not submitted for his decision"; he went on to administer a sharp rebuke for the way in which Sir George Jessel travelled outside the case, and remarked that "abuse, however, of an unpopular opinion, whether indulged in by judges or other people, is not argument, nor can the vituperation of opponents in opinion prove them to be immoral." However, Sir George Jessel was all-powerful in his own court, and he deprived me of my child, refusing to stay the order even until the hearing of my appeal against his decision. A messenger from the father came to my house, and the little child was carried away by main force, shrieking and struggling, still weak from the fever, and nearly frantic with fear and passionate resistance. No access to her was given me, and I gave notice that if access were denied me, I would sue for a restitution of conjugal rights, merely that I might see my children. But the strain had been too great, and I nearly went mad, spending hours pacing up and down the empty rooms, striving to weary myself to exhaustion that I might forget. The loneliness and silence of the house, of which my darling had always been the sunshine and the music, weighed on me like an evil dream; I listened for the patter of the dancing feet, and merry, thrilling laughter that rang through the garden, the sweet music of the childish voice; during my sleepless nights I missed in the darkness the soft breathing of the little child; each morning I longed in vain for the clinging arms and soft, sweet kisses. At last health broke down, and fever struck me, and mercifully gave me the rest of pain and delirium instead of the agony of conscious loss. Through that terrible illness, day after day, Mr. Bradlaugh came to me, and sat writing beside me, feeding me with ice and milk, refused from all others, and behaving more like a tender mother than a man friend; he saved my life, though it seemed to me for awhile of little value, till the first months of lonely pain were over. When recovered, I took steps to set aside an order obtained by Mr. Besant during my illness, forbidding me to bring any suit against him, and even the Master of the Rolls, on hearing that all access had been denied to me, and the money due to me stopped, uttered words of strong condemnation of the way in which I had been treated. Finally the deed of separation executed in 1873 was held to be good as protecting Mr. Besant from any suit brought by me, whether for divorce or for restitution of conjugal rights, while the clauses giving me the custody of the child were set aside. The Court of Appeal in April, 1879, upheld the decision, the absolute right of the father as against a married mother being upheld. This ignoring of all right to her children on the part of the married mother is a scandal and a wrong that has since been redressed by Parliament, and the husband has no longer in his grasp this instrument of torture, whose power to agonise depends on the tenderness and strength of the motherliness of the wife. In the days when the law took my child from me, it virtually said to all women: "Choose which of these two positions, as wife and mother, you will occupy. If you are legally your husband's wife, you can have no legal claim to your children; if legally you are your husband's mistress, your rights as mother are secure." That stigma on marriage is now removed.
One thing I gained in the Court of Appeal. The Court expressed a strong view as to my right of access, and directed me to apply to Sir George Jessel for it, adding that it could not doubt he would grant it. Under cover of this I applied to the Master of the Rolls, and obtained liberal access to the children; but I found that my visits kept Mabel in a continual state of longing and fretting for me, while the ingenious forms of petty insult that were devised against me and used in the children's presence would soon become palpable to them and cause continual pain. So, after a painful struggle with myself, I resolved to give up the right of seeing them, feeling that thus only could I save them from constantly recurring conflict, destructive of all happiness and of all respect for one or the other parent. Resolutely I turned my back on them that I might spare them trouble, and determined that, robbed of my own, I would be a mother to all helpless children I could aid, and cure the pain at my own heart by soothing the pain of others.
As far as regards this whole struggle over the Knowlton pamphlet, victory was finally won all along the line. Not only did we, as related, recover all our seized pamphlets, and continue the sale till all prosecution and threat of prosecution were definitely surrendered; but my own tract had an enormous sale, so that when I withdrew it from sale in June, 1891, I was offered a large sum for the copyright, an offer which I, of course, refused. Since that time not a copy has been sold with my knowledge or permission, but long ere that the pamphlet had received a very complete legal vindication. For while it circulated untouched in England, a prosecution was attempted against it in New South Wales, but was put an end to by an eloquent and luminous judgment by the senior puisne judge of the Supreme Court, Mr. Justice Windmeyer, in December, 1888. This judge, the most respected in the great Australian colony, spoke out plainly and strongly on the morality of such teaching. "Take the case," he said, "of a woman married to a drunken husband, steadily ruining his constitution and hastening to the drunkard's doom, loss of employment for himself, semi-starvation for his family, and finally death, without a shilling to leave those whom he has brought into the world, but armed with the authority of the law to treat his wife as his slave, ever brutally insisting on the indulgence of his marital rights. Where is the immorality, if, already broken in health from unresting maternity, having already a larger family than she can support when the miserable breadwinner has drunk himself to death, the woman avails herself of the information given in this book, and so averts the consequences of yielding to her husband's brutal insistence on his marital rights? Already weighted with a family that she is unable to decently bring up, the immorality, it seems to me, would be in the reckless and criminal disregard of precautions which would prevent her bringing into the world daughters whose future outlook as a career would be prostitution, or sons whose inherited taint of alcoholism would soon drag them down with their sisters to herd with the seething mass of degenerate and criminal humanity that constitutes the dangerous classes of great cities. In all these cases the appeal is from thoughtless, unreasoning prejudice to conscience, and, if listened to, its voice will be heard unmistakably indicating where the path of duty lies."
The judge forcibly refused to be any party to the prohibition of such a pamphlet, regarding it as of high service to the community. He said: "So strong is the dread of the world's censure upon this topic that few have the courage openly to express their views upon it; and its nature is such that it is only amongst thinkers who discuss all subjects, or amongst intimate acquaintances, that community of thought upon the question is discovered. But let any one inquire amongst those who have sufficient education and ability to think for themselves, and who do not idly float, slaves to the current of conventional opinion, and he will discover that numbers of men and women of purest lives, of noblest aspirations, pious, cultivated, and refined, see no wrong in teaching the ignorant that it is wrong to bring into the world children to whom they cannot do justice, and who think it folly to stop short in telling them simply and plainly how to prevent it. A more robust view of morals teaches that it is puerile to ignore human passions and human physiology. A clearer perception of truth and the safety of trusting to it teaches that in law, as in religion, it is useless trying to limit the knowledge of mankind by any inquisitorial attempts to place upon a judicial Index Expurgatorius works written with an earnest purpose, and commending themselves to thinkers of well-balanced minds. I will be no party to any such attempt. I do not believe that it was ever meant that the Obscene Publication Act should apply to cases of this kind, but only to the publication of such matter as all good men would regard as lewd and filthy, to lewd and bawdy novels, pictures and exhibitions, evidently published and given for lucre's sake. It could never have been intended to stifle the expression of thought by the earnest-minded on a subject of transcendent national importance like the present, and I will not strain it for that purpose. As pointed out by Lord Cockburn in the case of the Queen v. Bradlaugh and Besant, all prosecutions of this kind should be regarded as mischievous, even by those who disapprove the opinions sought to be stifled, inasmuch as they only tend more widely to diffuse the teaching objected to. To those, on the other hand, who desire its promulgation, it must be a matter of congratulation that this, like all attempted persecutions of thinkers, will defeat its own object, and that truth, like a torch, 'the more it's shook it shines.'"
The argument of Mr. Justice Windmeyer for the Neo-Malthusian position was (as any one may see who reads the full text of the judgment) one of the most luminous and cogent I have ever read. The judgment was spoken of at the time in the English press as a "brilliant triumph for Mrs. Besant," and so I suppose it was; but no legal judgment could undo the harm wrought on the public mind in England by malignant and persistent misrepresentation. What that trial and its results cost me in pain no one but myself will ever know; on the other hand, there was the passionate gratitude evidenced by letters from thousands of poor married women—many from the wives of country clergymen and curates—thanking and blessing me for showing them how to escape from the veritable hell in which they lived. The "upper classes" of society know nothing about the way in which the poor live; how their overcrowding destroys all sense of personal dignity, of modesty, of outward decency, till human life, as Bishop Fraser justly said, is "degraded below the level of the swine." To such, and among such I went, and I could not grudge the price that then seemed to me as the ransom for their redemption. To me, indeed, it meant the losing of all that made life dear, but for them it seemed to be the gaining of all that gave hope of a better future. So how could I hesitate—I whose heart had been fired by devotion to an ideal Humanity, inspired by that Materialism that is of love and not of hate?