One of the points as regards the inferiority of women which Feminists are willing and even eager to concede, and it is the only point of which this can be said, is that of physical weakness. The reason why they should be particularly anxious to emphasise this deficiency in the sex is not difficult to discern. It is the only possible semblance of an argument which can be plausibly brought forward to justify female privileges in certain directions. It does not really do so, but it is the sole pretext which they can adduce with any show of reason at all. Now it may be observed (1) that the general frailty of woman would militate coetaris paribus, against their own dogma of the intellectual equality between the sexes; (2) that this physical weakness is more particularly a muscular weakness, since constitutionally the organism of the human female has enormous power of resistance and resilience, in general, far greater than that of man (see below, pp. 125-128 (#Page_125)). It is a matter of common observation that the average woman can pass through strains and recover in a way few men can do. But as we shall have occasion to revert to these two points at greater length later on, we refrain from saying more here.
How then, after consideration, shall we judge of the Feminist thesis, affirmed and reaffirmed, insisted upon by so many as an incontrovertible axiom, that woman is the equal, intellectually and morally, if not physically, of man? Surely that it has all the characteristics of a true dogma. Its votaries might well say with Tertullian, credo quia absurdum. It contradicts the whole experience of mankind in the past. It is refuted by all impartial observation in the present. The facts which undermine it are seriously denied by none save those committed to the dogma in question. Like all dogmas, it is supported by “bluff.” In this case the “bluff” is to the effect that it is the “part, mark, business, lot” (as the Latin grammars of our youth would have had it) of the “advanced” man who considers himself up to date, and not “Early Victorian,” to regard it as unchallengeable. Theological dogmas are backed up by the bluff of authority, either of scriptures or of churches. This dogma of the Feminist cult is not vouchsafed by the authority of a Communion of saints but by that of the Communion of advanced persons up to date. Unfortunately dogma does not sit so well upon the community of advanced persons up to date – who otherwise profess to, and generally do, bring the tenets they hold to the bar of reason and critical test – as it does on a church or community of saints who suppose themselves to be individually or collectively in communication with wisdom from on high. Be this as it may, the “advanced man” who would claim to be “up to date” has to swallow this dogma and digest it as best he can. He may secretly, it is true, spew it out of his mouth, but in public, at least, he must make a pretence of accepting it without flinching.
CHAPTER III
THE ANTI-MAN CRUSADE
We have already pointed out that Modern Feminism has two sides or aspects. The first formulates definite political, juridical and economic demands on the grounds of justice, equity, equality and so forth, as general principles; the second does not formulate in so many words definite demands as general principles, but seems to exploit the traditional notions of chivalry based on male sex sentiment, in favour of according women special privileges on the ground of their sex, in the law, and still more in the administration of the law. For the sake of brevity we call the first Political Feminism, for, although its demands are not confined to the political sphere, it is first and foremost a political movement, and its typical claim at the present time, the Franchise, is a purely political one; and the second Sentimental Feminism, inasmuch as it commonly does not profess to be based on any general principle whatever, whether of equity or otherwise, but relies exclusively on the traditional and conventional sex sentiment of Man towards Woman. It may be here premised that most Political Feminists, however much they may refuse to admit it, are at heart also Sentimental Feminists. Sentimental Feminists, on the other hand, are not invariably Political Feminists, although the majority of them undoubtedly are so to a greater or lesser extent. Logically, as we shall have occasion to insist upon later on, the principles professedly at the root of Political Feminism are in flagrant contradiction with any that can justify Sentimental Feminism.
Now both the orders of Feminism referred to have been active for more than a generation past in fomenting a crusade against the male sex – an Anti-Man Crusade. Their efforts have been largely successful owing to a fact to which attention has, perhaps, not enough been called. In the case of other classes, or bodies of persons, having community of interests this common interest invariably interprets itself in a sense of class, caste, or race solidarity. The class or caste has a certain esprit de corps in its own interest. The whole of history largely turns on the conflict of economic classes based on a common feeling obtaining between members of the respective classes; on a small scale, we see the same thing in the solidarity of a particular trade or profession. But it is unnecessary to do more than call attention here to this fundamental sociological law upon which alike the class struggles of history, and of modern times, the patriotism of states from the city-state of the ancient world to the national state of the modern world, is based. Now note the peculiar manner in which this law manifests itself in the sex question of the present day. While Modern Feminism has succeeded in establishing a powerful sex-solidarity amongst a large section of women as against men, there is not only no sex-solidarity of men as against women, but, on the contrary, the prevalence of an altogether opposed sentiment. Men hate their brother-men in their capacity of male persons. In any conflict of interests between a man and a woman, male public opinion, often in defiance of the most obvious considerations of equity, sides with the woman, and glories in doing so. Here we seem to have a very flagrant contradiction with, as has already been said, one of the most fundamental sociological laws. The explanations of the phenomena in question are, of course, ready to hand: – Tradition of chivalry, feelings, perhaps inherited, dating possibly back to the prehuman stage of man’s evolution, derived from the competition of the male with his fellow-male for the possession of the coveted female, etc.
These explanations may have a measure of validity, but I must confess they are to me scarcely adequate to account for the intense hatred which the large section of men seem to entertain towards their fellow-males in the world of to-day, and their eagerness to champion the female in the sex war which the Woman’s “sex union,” as it has been termed, has declared of recent years. Whatever may be the explanation, and I confess I cannot find one completely satisfactory, the fact remains. A Woman’s Movement unassisted by man, still more if opposed energetically by the public opinion of a solid phalanx of the manhood of any country, could not possibly make any headway. As it is, we see the legislature, judges, juries, parsons, specially those of the nonconformist persuasion, all vie with one another in denouncing the villainy and baseness of the male person, and ever devising ways and means to make his life hard for him. To these are joined a host of literary men and journalists of varying degrees of reputation who contribute their quota to the stream of anti-manism in the shape of novels, storiettes, essays, and articles, the design of which is to paint man as a base, contemptible creature, as at once a knave and an imbecile, a bird of prey and a sheep in wolf’s clothing, and all as a foil to the glorious majesty of Womanhood. There are not wanting artists who are pressed into this service. The picture of the Thames Embankment at night, of the drowned unfortunate with the angel’s face, the lady and gentleman in evening dress who have just got out of their cab – the lady with uplifted hands bending over the dripping form, and the callous and brutal gentleman turning aside to light a cigarette – this is a typical specimen of Feminist didactic art. By these means, which have been carried on with increasing ardour for a couple of generations past, what we may term the anti-man cultus has been made to flourish and to bear fruit till we find nowadays all recent legislation affecting the relations between the sexes carrying its impress, and the whole of the judiciary and magistracy acting as its priests and ministrants.
On the subject of Anti-man legislation, I have already written at length elsewhere,[4 - Cf. Fortnightly Review, November 1911, “A Creature of Privilege,” also a pamphlet (collaboration) entitled “The Legal Subjection of Men.” Twentieth Century Press, reprinted by New Age Press, 1908.] but for the sake of completeness I state the case briefly here. (1) The marriage laws of England to-day are a monument of Feminist sex partiality. If I may be excused the paradox, the partiality of the marriage laws begins with the law relating to breach of promise, which, as is well known, enables a woman to punish a man vindictively for refusing to marry her after having once engaged himself to her. I ought to add, and this, oftentimes, however good his grounds may be for doing so. Should the woman commit perjury, in these cases, she is never prosecuted for the offence. Although the law of breach of promise exists also for the man, it is well known to be totally ineffective and practically a dead letter. It should be remarked that, however gross the misrepresentations or undue influences on the part of the woman may have been to induce the man to marry her, they do not cause her to lose her right to compensation. As, for instance, where an experienced woman of the world of thirty or forty entraps a boy scarcely out of his teens. (2) Again, according to the law of England, the right to maintenance accrues solely to the woman. Formerly this privilege was made dependent on her cohabitation with the man and generally decent behaviour to him. Now even these limitations cease to be operative, while the man is liable to imprisonment and confiscation of any property he may have. A wife is now at full liberty to leave her husband, while she retains her right to get her husband sent to gaol if he refuses to maintain her – to put the matter shortly, the law imposes upon the wife no legally enforceable duties whatever towards her husband. The one thing which it will enforce with iron vigour is the wife’s right of maintenance against her husband. In the case of a man of the well-to-do classes, the man’s property is confiscated by the law in favour of his wife. In the case of a working man the law compels her husband to do corvée for her, as the feudal serf had to do for his lord. The wife, on the other hand, however wealthy, is not compelled to give a farthing towards the support of her husband, even though disabled by sickness or by accident; the single exception in the latter case being should he become chargeable to the parish, in which case the wife would have to pay the authorities a pauper’s rate for his maintenance. In a word, a wife has complete possession and control over any property she may possess, as well as over her earnings; the husband, on the other hand, is liable to confiscation of capitalised property or earnings at the behest of the law courts in favour of his wife. A wife may even make her husband bankrupt on the ground of money she alleges that she lent him; a husband, on the other hand, has no claim against his wife for any money advanced, since a husband is supposed to give, and not to lend, his wife money, or other valuables. (3) The law affords the wife a right to commit torts against third parties —e. g. libels and slanders – the husband alone being responsible, and this rule applies even although the wife is living apart from her husband, who is wholly without knowledge of her misdeeds. With the exception of murder, a wife is held by the law to be guiltless of practically any crime committed in the presence of her husband. (4) No man can obtain a legal separation or divorce from his wife (save under the Licensing Act of 1902, a Police Court separation for habitual drunkenness alone) without a costly process in the High Court. Every wife can obtain, if not a divorce, at least a legal separation, by going whining to the nearest police court, for a few shillings, which her husband, of course, has to pay. The latter, it is needless to say, is mulcted in alimony at the “discretion of the Court.” This “discretion” is very often of a queer character for the luckless husband. Thus, a working man earning only twenty shillings a week may easily find himself in the position of having to pay from seven to ten shillings a week to a shrew out of his wages.
In cases where a wife proceeds to file a petition for divorce, the way is once more smoothed for her by the law, at the husband’s expense. He has to advance her money to enable her to fight him. Should the case come on for hearing the husband finds the scale still more weighted against him; every slander of his wife is assumed to be true until he has proved its falsity, the slightest act or a word during a moment of irritation, even a long time back, being twisted into what is termed “legal cruelty,” even though such has been provoked by a long course of ill treatment and neglect on the part of the wife. The husband and his witnesses can be indicted for perjury for the slightest exaggeration or inaccuracy in their statements, while the most calculated falsity in the evidence of the wife and her witnesses is passed over. Not the grossest allegation on the part of the wife against the husband, even though proved in court to be false, is sufficient ground for the husband to refuse to take her back again, or from preventing the court from confiscating his property if he resists doing so. Knowledge of the unfairness of the court to the husband, as all lawyers are aware, prevents a large number of men from defending divorce actions brought by their wives. A point should here be mentioned as regards the action of a husband for damages against the seducer of his wife. Such damages obviously belong to the husband as compensation for his destroyed home life. Now these damages our modern judges in their feminist zeal have converted into a fund for endowing the adulteress, depriving the husband of any compensation whatever for the wrong done him. He may not touch the income derived from the money awarded him by the jury, which is handed over by the court to his divorced wife. It would take us too long to go through all the privileges, direct and indirect, conferred by statute or created by the rulings of judges and the practice of the courts, in favour of the wife against the husband. It is the more unnecessary to go into them here as they may be found in detail with illustrative cases in the aforesaid pamphlet in which I collaborated, entitled “The Legal Subjection of Men” (mentioned in the footnote to p. 55).
At this point it may be well to say a word on the one rule of the divorce law which Feminists are perennially trotting out as a proof of the shocking injustice of the marriage law to women: that to obtain her divorce the woman has to prove cruelty in addition to adultery against her husband, while in the case of the husband it is sufficient to prove adultery alone. Now to make of this rule a grievance for the woman is, I submit, evidence of the destitution of the Feminist case. In default of any real injustice pressing on the woman the Feminist is constrained to make as much capital as possible out of the merest semblance of a grievance he can lay his hand on. The reasons for this distinction which the law draws between the husband and the wife, it is obvious enough, are perfectly well grounded. It is based mainly on the simple fact that while a woman by her adultery may foist upon her husband a bastard which he will be compelled by law to support as his own child, in the husband’s case of having an illegitimate child the wife and her property are not affected. Now in a society such as ours is, based upon private property-holding, it is only natural, I submit, that the law should take account of this fact. But not only is this rule of law almost certainly doomed to repeal in the near future, but in even the present day, while it still nominally exists, it is practically a dead letter in the divorce court, since any trivial act of which the wife chooses to complain is strained by the court into evidence of cruelty in the legal and technical sense. As the matter stands, the practical effect of the rule is a much greater injustice to the husband than to the wife, since the former often finds himself convicted of “cruelty” which is virtually nothing at all, in order that the wife’s petition may be granted, and which is often made the excuse by Feminist judges for depriving the husband of the custody of his children. Misconduct on the wife’s part, or neglect of husband and children, does not weigh with the court which will not on that ground grant relief to the husband from his obligation for maintenance, etc. On the other hand, neglect of the wife by the husband is made a ground for judicial separation with the usual consequences – alimony, etc. “Thus,” as it has been put, “between the upper and the nether millstone, cruelty on the one hand, neglect on the other, the unhappy husband can be legally ground to pieces, whether he does anything or whether he does nothing.” Personal violence on the part of the husband is severely punished; on the part of a wife she will be let off with impunity. Even if she should in an extreme case be imprisoned, the husband, if a poor man, on her release will be compelled to take her back to live with him. The case came under the notice of the writer a few years ago in which a humane magistrate was constrained to let off a woman who had nearly murdered a husband on the condition of her graciously consenting to a separation, but she had presumably still to be supported by her victim.
The decision in the notorious Jackson case precluded the husband from compelling his wife to obey an order of the court for the restitution of conjugal rights. The persistent Feminist tendency of all case-law is illustrated by a decision of the House of Lords in 1894 in reference to the law of Scotland constituting desertion for four years a ground ipso facto for a divorce with the right of remarriage. Here divorce was refused to a man whose wife had left him for four years and taken her child with her. The Law Lords justified their own interpretation of the law on the ground that the man did not really want her to come back. But inasmuch as this plea can be started in every case where it cannot be proved that the husband had absolutely grovelled before his wife, imploring her to return, and possibly even then – since the sincerity even of this grovelling might conceivably be called in question – it is clear that the decision practically rendered this old Scottish law inoperative for the husband.
As regards the offence of bigamy, for which a man commonly receives a heavy sentence of penal servitude, I think I may venture to state, without risking contradiction, that no woman during recent years has been imprisoned for this offence. The statute law, while conferring distinct privileges upon married women as to the control of their property, and for trading separately and apart from their husbands, renders them exempt from the ordinary liabilities incurred by a male trader as regards proceedings under the Debtors Acts and the Bankruptcy Law. See Acts of 1822 (45 & 46 Vict. c. 75); 1893 (56 & 57 Vict. c. 63), and cases Scott v. Morley, 57 L.J.R.Q.B. 43. L.R. 20 Q.B.D. In re Hannah Lines exparte Lester C.A. (1893), 2. 2. B. 113.
In the case of Lady Bateman v. Faber and others reported in Chancery Appeal Cases (1898 Law Reports) the Master of the Rolls (Sir N. Lindley) is reported to have said: “The authorities showed that a married woman could not by hook or by crook – even by her own fraud – deprive herself of restraint upon anticipation. He would say nothing as to the policy of the law, but it had been affirmed by the Married Woman’s Property Act” (the Act of 1882 above referred to) “and the result was that a married woman could play fast and loose to an extent to which no other person could.” (N.B.– Presumably a male person.)
It has indeed been held, to such a length does the law extend its protection and privileges to the female, that even the concealment by a wife from the husband at the time of marriage that she was then pregnant by another man was no ground for declaring the marriage null and void.
The above may be taken as a fair all-round, although by no means an exhaustive, statement of the present one-sided condition of the civil law as regards the relation of husband and wife. We will now pass on to the consideration of the relative incidence of the criminal law on the two sexes. We will begin with the crime of murder. The law of murder is still ostensibly the same for both sexes, but in effect the application of its provisions in the two cases is markedly different. As, however, these differences lie, as just stated, not in the law itself but rather in its administration, we can only give in this place, where we are dealing with the principles of law rather than with their application, a general formula of the mode in which the administration of the law of murder proceeds, which, briefly stated, is as follows: The evidence even to secure conviction in the case of a woman must be many times stronger than that which would suffice to hang a man. Should a conviction be obtained, the death penalty, though pronounced, is not given effect to, the female prisoner being almost invariably reprieved. In most cases where there is conviction at all, it is for manslaughter and not for murder, when a light or almost nominal sentence is passed. Cases confirming what is here said will be given later on. There is one point, however, to be observed here, and that is the crushing incidence of the law of libel. This means that no case of any woman, however notoriously guilty on the evidence, can be quoted, after she has been acquitted by a Feminist jury, as the law holds such to be innocent and provides them with “a remedy” in a libel action. Now, seeing that most women accused of murder are acquitted irrespective of the evidence, it is clear that the writer is fatally handicapped so far as confirmation of his thesis by cases is concerned.
Women are to all intents and purposes allowed to harass men, when they conceive they have a grievance, at their own sweet will, the magistrate usually telling their victim that he cannot interfere. In the opposite case, that of a man harassing a woman, the latter has invariably to find sureties for his future good behaviour, or else go to gaol.
One of the most infamous enactments indicative of Feminist sex bias is the Criminal Law Amendment Act of 1886. The Act itself was led up to with the usual effect by an unscrupulous newspaper agitation in the Feminist and Puritan interest, designed to create a panic in the public mind, under the influence of which legislation of this description can generally be rushed through Parliament. The reckless disregard of the commonest principles of justice and common-sense of this abominable statute may be seen in the shameless sex privilege it accords the female in the matter of seduction. Under its provisions a boy of fourteen years can be prosecuted and sent to gaol for an offence to which he has been instigated by a girl just under sixteen years, whom the law, of course, on the basis of the aforesaid sex privilege, holds guiltless. The outrageous infamy of this provision is especially apparent when we consider the greater precocity of the average girl as compared with the average boy of this age.
We come now to the latest piece of Anti-man legislation, the so-called White Slave Trade Act of 1912 (Criminal Law Amendment Act 1912, 2 & 3 Geo. V. c. 20). This statute was, as usual, rushed through the legislature on the wave of factitious public excitement organised for the purpose, and backed up by the usual faked statements and exaggerated allegations, the whole matter being three parts bogus and deliberate lying. The alleged dangers of the unprotected female were, for the object of the agitation, purposely exaggerated in the proverbial proportion of the mountain to the molehill. But as regards many of those most eager in promoting this piece of Anti-man legislation, there were probably special psychological reasons to account for their attitude. The special features of the Bill, the Act in question, are (1) increased powers given to the police in the matter of arrest on suspicion, and (2) the flogging clauses.
Up till now the flogging of garrotters was justified against opponents, by its upholders, on the ground of the peculiarly brutal nature of the offence of highway robbery with violence. It should be noted that in the Act in question no such excuse can apply, for it is appointed to be inflicted for offences which, whatever else they may be, do not in their nature involve violence, and hence which cannot be described as brutal in the ordinary sense of the term. The Anti-man nature of the whole measure, as of the agitation itself which preceded it, is conclusively evidenced by the fact that while it is well known that the number of women gaining a living by “procuration” is much greater than the number of men engaged therein, comparatively little vituperation was heard against the female delinquents in the matter, and certainly none of the vitriolic ferocity that was poured out upon the men alleged to participate in the traffic. A corresponding distinction was represented in the measure itself by the allocation of the torture of the lash to men alone. It is clear, therefore, that the zeal for the suppression of the traffic in question was not the sole motive in the ardour of the flogging fraternity. Even the Anti-manism at the back of the whole of this class of legislation seems insufficient to account for the outbreak of bestial blood-lust, for the tigerish ferocity, of which the flogging clauses in the Act are the outcome. There is, I take it, no doubt that psychical sexual aberration plays a not inconsiderable part in many of those persons – in a word, that they are labouring under some degree of homo-sexual Sadism. The lustful glee on the part of the aforesaid persons which greets the notion of the partial flaying alive, for that is what the “cat” means, of some poor wretch who has succumbed to the temptation of getting his livelihood by an improper method, is hardly to be explained on any other hypothesis. Experts allege that traces of psycho-sexual aberration are latent in many persons where it would be least expected, and it is, prima facie, likely enough that these latent tendencies in both men and women should become active under the cover of an agitation in favour of purity and anti-sexuality, to the point of gratifying itself with the thought of torture inflicted upon men. A psycho-sexual element of another kind doubtless also plays a not unimportant rôle in the agitation of “ladies” in favour of that abomination, “social purity,” which, being interpreted, generally means lubricity turned upside down. The fiery zeal manifested by many of those ladies for the suppression of the male sex is assuredly not without its pathological significance.
The monstrosity of the recent White Slave Traffic enactment and its savage anti-male vindictiveness is shown not merely, as already observed, in the agitation which preceded it, with its exaggerated vilification of the male offenders in the matter of procuration and its passing over with comparative slight censure the more numerous female offenders, or in the general spirit animating the Act itself, but it is noticeable in the very preposterous exaggeration of its provisions. For example, in the section dealing with the souteneur, the framers of this Act, and the previous Criminal Law Amendment Acts to which this latest one is merely supplementary, are not satisfied with penalising the man who has no other means of subsistence beyond what he derives from the wages of some female friend’s prostitution, but they strike with impartial rigour the man who knowingly lives wholly or in part from such a source. If, therefore, the clause were taken in its strict sense, any poor out-at-elbow man who accepted the hospitality of a woman of doubtful virtue in the matter of a drink, or a dinner, would put himself within the pale of this clause in the Act, and might be duly flayed by the “cat” in consequence. The most flagrant case occurred in a London police court in March 1913, in which a youth of eighteen years, against whose general character nothing was alleged and who was known to be in employment as a carman, was sentenced to a month’s hard labour under the following circumstances: – It was reported that he had been living with a woman apparently considerably older than himself, whom admittedly he had supported by his own exertions and, when this was insufficient, even by the pawning of his clothes, and whom as soon as he discovered she was earning money by prostitution he had left. Would it be believed that a prosecution was instituted by the police against this young man under the iniquitous White Slave Traffic Act? But what seems still more incredible is that the magistrate, presumably a sane gentleman, after admitting that the poor fellow was “more sinned against than sinning,” did not hesitate to pass on him a sentence of one month’s hard labour!!! Of course the woman, who was the head and front of the offending, if offending there was, remained untouched. The above is a mild specimen of “justice” as meted out in our police courts, “for men only”! Quite recently there was a case in the north of England of a carter, who admittedly worked at his calling but who, it was alleged, was assisted by women with whom he had lived. Now this unfortunate man was sentenced to a long term of imprisonment plus flogging. For the judges, of course, any extension of their power over the prisoner in the dock is a godsend. It is quite evident that they are revelling in their new privilege to inflict torture. One of them had the shamelessness recently to boast of the satisfaction it gave him and to sneer at those of his colleagues who did not make full use of their judicial powers in this direction.
The bogus nature of the reasons urged in favour of the most atrocious clauses of this abominable Act came out clearly enough in the speeches of the official spokesmen of the Government in its favour. For example, Lord Haldane in the House of Lords besought the assembled peers to bethink themselves of the unhappy victim of the souteneur. He drew a picture of how a heartless bully might beat, starve and otherwise ill treat his victim, besides taking away her earnings. He omitted to explain how the heartless bully in a free country could coerce his “victim” to remain with him against her will. He ignored the existence of the police, or of a whole army of social purity busybodies, and vigilance societies for whom her case would be a tasty morsel only too eagerly snapped at. If the “victim” does not avail herself of any of those means of escape, so ready to her hand, the presumption is that she prefers the company of her alleged brutal tyrant to that of the chaste Puritan ladies of the vigilance societies. To those who follow the present state of artificially fomented public opinion in the matter, Lord Haldane’s suggestion that there was any danger of the precious “victim” not being sufficiently slobbered over, will seem to be not without a touch of humour. Furthermore, as illustrating the utter illogicality of the line taken by the promoters of the Act, for whom Lord Haldane acted as the mouthpiece, we have only to note the fact that the measure does not limit the penalties awarded to cases accompanied by circumstances of aggravation such as Lord Haldane pictures, which it might easily have done, but extends it impartially to all cases whether accompanied by cruelty or not. We can hardly imagine that a man of Lord Haldane’s intellectual power and general humanity should not have been aware of the hollowness of the case he had to put as an official advocate, and of the rottenness of the conventional arguments he had to state in its support. When confronted with the unquestionably true contention that corporal punishments, especially such as are of a savage and vindictive kind, are degrading alike to the inflicters of them and to those who are their victims, he replied that criminals in the cases in question were already so degraded that they could not be degraded further. One would imagine he could hardly have failed to know that he was talking pernicious twaddle. It is obvious that this argument, in addition to its being untrue, in fact opens the floodgates to brutal penal legislation all round, so far at least as the more serious offences are concerned. One could equally well assert of murder, burglary, even abus de confidence in some cases, and other offences, that the perpetrators of them must be so degraded that no amount of brutal punishment could degrade them further. Everybody can regard the crime to which he has a pet aversion more than other crimes as indicating the perpetrator thereof to be outside the pale of humanity.
But as regards the particular case in point, let us for a moment clear our minds of cant upon the subject. Procuration and also living on the proceeds of prostitution may be morally abominable methods of securing a livelihood, though even here, as in most other offences, there may be circumstances of palliation in individual cases. But after all is said and done, it is doubtful whether, apart from any fraud or misrepresentation, which, of course, places it altogether in a different category, these ought to be regarded as criminal offences. To offer facilities or to act as an agent for women who are anxious to lead a “gay life,” or even to suggest such a course to women, so long as prostitution itself is not recognised by the law as crime, however reprehensible morally, would scarcely seem to transcend the limits of legitimate individual liberty. In any case, the constituting of such an action a crime must surely open out an altogether new principle in jurisprudence, and one of far-reaching consequences. The same remarks apply even more forcibly to the question of sharing the earnings of a prostitute. Prostitution per se is not in the eyes of the law a crime or even a misdemeanour. The woman who makes her living as a prostitute is under the protection of the law, and the money she receives from her customer is recognised as her property. If she, however, in the exercise of her right of free disposition of that property, gives some of it to a male friend, that friend, by the mere acceptance of a free gift, becomes a criminal in the eyes of the law. Anything more preposterous, judging by all hitherto recognised principles of jurisprudence, can scarcely be imagined. Even from the moral point of view of the class of cases coming under the purview of the Act, of men who in part share in the proceeds of their female friends’ traffic, must involve many instances in which no sane person —i. e. one who is not bitten by the rabid man-hatred of the Feminist and social purity monger – must regard the moral obliquity involved as not very serious. Take, for instance, the case of a man who is out of work, who is perhaps starving, and receives temporary assistance of this kind. Would any reasonable person allege that such a man was in the lowest depths of moral degradation, still less that he merited for this breach, at most, of fine delicacy of feeling, the flaying alive prescribed by the Act under consideration. Besides all this, it is well known that some women, shop assistants and others, gain part of their living by their reputable avocation and part in another way. Now presumably the handing over of a portion of her regular salary to her lover would not constitute the latter a flayable criminal, but the endowment of him with a portion of any of the “presents” obtained by her pursuit of her other calling would do so. The process of earmarking the permissible and the impermissible gift strikes one as very difficult even if possible.
The point last referred to leads us on to another reflection. If the man who “in whole or in part” lives on the proceeds of a woman’s prostitution is of necessity a degraded wretch outside the pale of all humanity, as he is represented to be by the flogging fraternity, how about the employer or employeress of female labour who bases his or her scale of wages on the assumption that the girls and women he or she employs, supplement these wages by presents received after working hours, for their sexual favours – in other words, by prostitution? Many of these employers of labour are doubtless to be found among the noble band of advocates of White Slave Traffic Bills, flogging and social purity. The above persons, of course, are respectable members of society, while a souteneur is an outcast.
In addition to the motives before alluded to as actuating the promoters of the factitious and bogus so-called “White Slave” agitation, there is one very powerful political and economic motive which must not be left out of sight. In view of the existing “labour unrest,” it is highly desirable from the point of view of our possessing and governing classes that popular attention should be drawn off labour wrongs and labour grievances on to something less harassing to the capitalist and official mind. Now the Anti-man agitation forms a capital red herring for drawing the popular scent off class opposition by substituting sex antagonism in its place.
If you can set public opinion off on the question of wicked Man and down-trodden Woman, you have done a good deal to help capitalistic enterprise to tide over the present crisis. The insistence of public opinion on better conditions for the labourer will thus be weakened by being diverted into urging forward vindictive laws against men, and for placing as far as may be the whole power of the State at the disposal of the virago, the shrew and the female sharper, in their designs upon their male victim. For, be it remembered, it is always the worst type of woman to whom the advantage of laws passed as the result of the Anti-man campaign accrues. The real nature of the campaign is crucially exhibited in some of the concrete demands put forward by its advocates.
One of the measures proposed in the so-called “Woman’s Charter” drawn up with the approval of all prominent Feminists by Lady M‘Laren (now Lady Aberconway) some four or five years back, and which had been previously advocated by other Feminist writers, was to the effect that a husband, in addition to his other liabilities, should be legally compelled to pay a certain sum to his wife, ostensibly as wages for her housekeeping services, no matter whether she performs the services well, or ill, or not at all. Whatever the woman is, or does, the husband has to pay all the same. Another of the clauses in this precious document is to the effect that a wife is to be under no obligation to follow her husband, compelled probably by the necessity of earning a livelihood for himself and her, to any place of residence outside the British Islands. That favourite crank of the Feminist, of raising the age of consent with the result of increasing the number of victims of the designing young female should speak for itself to every unbiassed person. One of the proposals which finds most favour with the Sentimental Feminist is the demand that in the case of the murder by a woman of her illegitimate child, the putative father should be placed in the dock as an accessory! In other words, a man should be punished for a crime of which he is wholly innocent, because the guilty person was forsooth a woman. That such a suggestion should be so much as entertained by otherwise sane persons is indeed significant of the degeneracy of mental and moral fibre induced by the Feminist movement, for it may be taken as typical. It reminds me of a Feminist friend of mine who, challenged by me, sought (for long in vain) to find a case in the courts in which a man was unduly favoured at the expense of a woman. At last he succeeded in lighting upon the following from somewhere in Scotland: A man and woman who had been drinking went home to bed, and the woman caused the death of her baby by “overlaying it.” Both the man and the woman were brought before the court on the charge of manslaughter, for causing the death, by culpable negligence, of the infant. In accordance with the evidence, the woman who had overlaid the baby was convicted and sentenced to six months’ imprisonment, and naturally the man, who had not done so, was released. Now, in the judgment of my Feminist friend, in other matters sane enough, the fact that the man who had not committed any offence was let off, while his female companion, who had, was punished, showed the bias of the court in favour of the man!! Surely this is a noteworthy illustration, glaring as it is, of how all judgment is completely overbalanced and destroyed in otherwise judicial minds – of how such minds are completely hypnotised by the adoption of the Feminist dogma. As a matter of fact, of course, the task my friend set himself to do was hopeless. As against the cases, which daily occur all over the country, of flagrant injustice to men and partiality to women on the part of the courts, there is, I venture to assert, not to be found a single case within the limits of the four seas of a judicial decision in the contrary sense —i. e. of one favouring the man at the expense of the woman.
This sex hatred, so often vindictive in its character, of men for men, which has for its results that “man-made” laws invariably favour the opposite sex, and that “man-administered justice” follows the same course, is a psychological problem which is well worth the earnest attention of students of sociology and thinkers generally.
CHAPTER IV
ALWAYS THE “INJURED INNOCENT”!
While what we have termed Political Feminism vehemently asserts its favourite dogma, the intellectual and moral equality of the sexes – that the woman is as good as the man if not better – Sentimental Feminism as vehemently seeks to exonerate every female criminal, and protests against any punishment being meted out to her approaching in severity that which would be awarded a man in a similar case. It does so on grounds which presuppose the old theory of the immeasurable inferiority, mental and moral, of woman, which are so indignantly spurned by every Political Feminist —i. e. in his or her capacity as such. We might suppose, therefore, that Political Feminism, with its theory of sex equality based on the assumption of equal sex capacity, would be in strong opposition in this matter with Sentimental Feminism, which seeks, as its name implies, to attenuate female responsibility on grounds which are not distinguishable from the old-fashioned assumption of inferiority. But does Political Feminism consistently adopt this logical position? Not one whit. It is quite true that some Feminists, when hard pressed, may grudgingly concede the untenability on rational grounds of the Sentimental Feminists’ claims. But taken as a whole, and in their practical dealings, the Political Feminists are in accord with the Sentimental Feminists in claiming female immunity on the ground of sex. This is shown in every case where a female criminal receives more than a nominal sentence.
We have already given examples of the fact in question, and they could be indefinitely extended. At the end of the year 1911, at Birmingham, in the case of a woman convicted of the murder of her paramour by deliberately pouring inflammable oil over him while he was asleep, and then setting it afire, and afterwards not only exulting in the action but saying she was ready to do it again, the jury brought in recommendation to mercy with their verdict. And, needless to say, the influence of Political and Sentimental Feminism was too strong to allow the capital sentence to be carried out, even with such a fiendish wretch as this. In the case of the Italian woman in Canada, Napolitano, before mentioned, the female franchise societies issued a petition to Mr Borden, the Premier of Canada, in favour of the commutation of sentence. The usual course was adopted in this case, as in most others in which a woman murders a man – to wit, the truly “chivalrous” one of trying to blacken the character of the dead victim in defence of the action of the murderess. In other cases, more especially, of course, where the man is guilty of a crime against a woman, when mercy is asked for the offender, we are pitifully adjured to “think of the poor victim.” As we have seen, Lord Haldane trotted out this exhortation in a case where it was absurdly inappropriate, since the much-commiserated “victim” had only herself to thank for being a “victim,” and still more for remaining a “victim.” We never hear this plea for the “victim” urged where the “victim” happens to be a man and the offender a woman. Compare this with the case of the boy of nineteen, Beal, whom Mr M‘Kenna hanged for the murder of his sweetheart, and that in the teeth of an explanation given in the defence which was at least possible, if not probable, and which certainly, putting it at the very lowest, introduced an element of doubt into the case. Fancy a girl of nineteen being convicted, whatever the evidence, of having poisoned her paramour or even if, per impossibile, she were convicted, fancy her being given more than a short term of imprisonment! A man murdered by a woman is always the horrid brute, while the woman murdered by the man is just as surely the angelic victim. Anyone who reads reports of cases with an unbiassed mind must admit the absolute accuracy of this statement.
Divine woman is always the “injured innocent,” not only in the graver crimes, such as murder, but also in the minor offences coming under the cognisance of the law. At the Ledbury Petty Sessions a woman in the employment of a draper, who had purloined goods to the amount of £150, was acquitted on the ground of “kleptomania,” and this notwithstanding the fact that she had been in the employment of the prosecutor for over five years, had never complained of illness and had never been absent from business; also that her landlady gave evidence showing that she was sound in mind and body. At the very same sessions two men were sentenced respectively to eight and twelve months’ imprisonment for stealing goods to the value of £5! (John Bull, 12th November 1910).
At this point I may be permitted to quote from the article formerly alluded to (Fortnightly Review, November 1911, case taken from a report in The News of the World of 28th February 1909): “A young woman shot at the local postman with a revolver; the bullet grazed his face, she having fired point blank at his head. Jury returned a verdict of not guilty, although the revolver was found on her when arrested, and the facts were admitted and were as follows: – At noon she left her house, crossing three fields to the house of the victim, who was at home and alone; upon his appearing she fired point blank at his head; he banged to the door, and thus turned off the bullet, which grazed his face and ‘ploughed a furrow through his hair.’ She had by her when arrested a revolver cocked and with four chambers undischarged.”
Let us now take the crime of violent assault with attempt to do bodily injury. The following cases will serve as illustrative examples: – From The News of the World, 9th May 1909: A nurse in Belfast sued her lost swain for breach of promise. She obtained £100 damages although it was admitted by her counsel that she had thrown vitriol over the defendant, thereby injuring him, and the defendant had not prosecuted her! Also it was admitted that she had been “carrying on” with another man. From The Morning Leader of 8th July 1905 I have taken the following extraordinary facts as to the varied punishment awarded in cases of vitriol-throwing: That of a woman who threw vitriol over a sergeant at Aldershot, and was sentenced to six months’ imprisonment without hard labour while a man who threw it over a woman at Portsmouth was tried and convicted at the Hants Assizes, on 7th July 1905, and sentenced by Mr Justice Bigham to twelve years’ penal servitude! As regards the first case it will be observed that, (notwithstanding a crime, which in the case of a man was described by the judge as “cowardly and vile” and meriting twelve years’ penal servitude) the woman was rewarded by damages for £100, to be obtained from the very victim whom she had done her best to maim for life (besides being unfaithful to him) and who had generously abstained from prosecuting.
But it is not merely in cases of murder, attempted murder or serious assault that justice is mocked by the present state of our law and its administration in the interests of the female sex. The same attitude is observed, the same farcical sentences on women, whether the crime be theft, fraud, common assault, criminal slander or other minor offences. We have the same preposterous excuses admitted, the same preposterous pleas allowed, and the same farcical sentences passed – if, indeed, any sentence be passed at all. The following examples I have culled at random: – From John Bull, 26th February 1910: At the London Sessions, Mr Robert Wallace had to deal with the case of a well-dressed woman living at Hampstead, who pleaded guilty to obtaining goods to the amount of £50 by false pretences. In explanation of her crime it was stated that she was under a mistaken impression that her engagement would not lead to marriage, that she became depressed, and that she “did not know what she said or did,” while in mitigation of punishment it was urged that the money had been repaid, that her fiancé could not marry her if she were sent to gaol, and that her life would be irretrievably ruined, and she was discharged! From The Birmingham Post, 4th February 1902: A female clerk (twenty-six) pleaded guilty to embezzling £5, 1s. 9d. on 16th November, £2, 2s. 4d. on 21st December and £5, 0s. 9d. on 23rd December last, the moneys of her employer. Prosecuting counsel said prisoner entered prosecutor’s employ in 1900, and in June last her salary was raised to 27s. 6d. a week. The defalcations, which began a month before the increase, amounted to £134. She had falsified the books, and when suspicion fell upon her destroyed two books, in order, as she thought, to prevent detection. Her counsel pleaded for leniency on the ground of her previous good character and because she was engaged! The recorder merely bound her over, stating that her parents and young man were respectable, and so was the house in which she lodged! A correspondent mentions in The Birmingham Post of February 1902 a case where a woman had burned her employer’s outhouses and property, doing £1800 worth of damage, and got off with a month’s imprisonment. On the other hand, the same judge, at the same Quarter Sessions, thus dealt with two male embezzlers: C. C. (twenty-eight), clerk, who pleaded guilty to embezzling two sums of money from his master in August and September of 1901 (amounts not given), was sent to gaol for six calendar months; and S. G. (twenty-four), clerk, pleaded guilty to embezzling 7s. 6d. and 3s. For the defence it was urged that the prisoner had been poorly paid, and the recorder, hearing that a gentleman was prepared to employ the man as soon as released, sentenced him to three months’ hard labour! O merciful recorder!
The “injured innocent” theory usually comes into play with magistrates when a woman is charged with aggravated annoyance and harassing of men in their business or profession, when, as already stated, the administrator of the law will usually tell the prosecutor that he cannot interfere. In the opposite case of a man annoying a woman under like circumstances he invariably has to find substantial sureties for his good behaviour or go to gaol. No injured innocence for him!
There is another case in which it seems probable that, animated by the same fixed idea, those responsible for the framing of laws have flagrantly neglected an obvious measure for public safety. We refer to the unrestricted sale of sulphuric acid (vitriol) which is permitted. Now here we have a substance subserving only very special purposes in industry, none in household economy, or in other departments, save for criminal ends, which is nevertheless procurable without let or hindrance. Is it possible to believe that this would be the case if men were in the habit of using this substance in settling their differences with each other, even still more if they employed it by way of emphasising their disapproval of the jilting of sweethearts? That it should be employed by women in wreaking their vengeance on recalcitrant lovers seems a natural if not precisely a commendable action, in the eyes of a Sentimental Feminist public opinion, and one which, on the mildest hypothesis, “doesn’t matter.” Hence a deadly substance may be freely bought and sold as though it were cod-liver oil. A very nice thing for dastardly viragoes for whom public opinion has only the mildest of censures! In any reasonable society the indiscriminate sale of corrosive substances would in itself be a crime punishable with a heavy term of imprisonment.
It is not only by men, and by a morbid public opinion inflamed by Feminist sentiment in general, that female criminals are surrounded by a halo of injured innocence. The reader can hardly fail to notice that such women have the effrontery to pretend to regard themselves in this light. This is often so in cases of assault, murder or attempted murder of lovers by their sweethearts. Such is, of course, particularly noticeable in the senselessly wicked outrages, of which more anon. The late Otto Weininger, in his book before quoted, “Geschlecht und Charakter” (Sex and Character), has some noteworthy remarks on this, remarks which, whether we accept his suggested theory or not, might well have been written as a comment on recent cases of suffragette crimes and criminals. “The male criminal,” says Weininger, “has from his birth the same relation to the idea of value [moral value] as any other man in whom the criminal tendencies governing himself may be wholly absent. The female on the other hand often claims to be fully justified when she has committed the greatest conceivable infamy. While the genuine criminal is obtusely silent against all reproaches, a woman will express her astonishment and indignation that anyone can doubt her perfect right to act as she has done. Women are convinced of their being in the right without ever having sat in judgment on themselves. The male criminal, it may be true, does not do so either, but then he never maintains that he is in the right. He rather goes hastily out of the way of discussing right and wrong, because it reminds him of his guilt. In this fact we have a proof that he has a relationship to the [moral] idea, and that it is unfaithfulness to his better self of which he is unwilling to be reminded. No male criminal has ever really believed that injustice has been done him by punishment. The female criminal on the other hand is convinced of the maliciousness of her accusers, and if she is unwilling no man can persuade her that she has done wrong. Should someone admonish her, it is true that she often bursts into tears, begs for forgiveness and admits her fault; she may even believe indeed that she really feels this fault. Such is only the case, however, when she has felt inclined to do so, for this very dissolving in tears affects her always with a certain voluptuous pleasure. The male criminal is obstinate, he does not allow himself to be turned round in a moment as the apparent defiance of a woman may be converted into an apparent sense of guilt, where, that is, the accuser understands how to handle her” (“Geschlecht und Charakter,” pp. 253-254). Weininger’s conclusion is: “Not that woman is naturally evil or anti-moral, but rather that she is merely a-moral, in other words that she is destitute of what is commonly called ‘moral sense.’” The cases of female penitents and others which seem to contradict this announcement Weininger explains by the hypothesis that “it is only in company and under external influence that woman can feel remorse.”
Be all this as it may, the fact remains that women when most patently and obviously guilty of vile and criminal actions will, with the most complete nonchalance, insist that they are in the right. This may be, and very possibly often is, mere impudent effrontery, relying on the privilege of the female sex, or it may, in part at least, as Weininger insists, be traceable to “special deep-lying sex-characteristics.” But in any case the singular fact is that men, and men even of otherwise judicial capacity, are to be found who are prepared virtually to accept the justice of this attitude, and who are ready to condone, if not directly to defend, any conduct, no matter how vile or how criminal, on the part of a woman. We have illustrations of this class of judgment almost every day, but I propose to give two instances of what I should deem typical, if slightly extreme, perversions of moral judgment on the part of two men, both of them of social and intellectual standing, and without any doubt personally of the highest integrity. Dr James Donaldson, Principal of the University of St Andrews, in his work entitled “Woman, her Position and Influence in Ancient Greece and Rome and among the Early Christians,” commenting on the well-known story attributed to the year 331 B.C., which may or may not be historical, of the wholesale poisoning of their husbands by Roman matrons, as well as of subsequent cases of the same crime, concludes his remarks with these words: “It seems to me that we must regard them [namely these stories or facts, as we may choose to consider them] as indicating that the Roman matrons felt sometimes that they were badly treated, that they ought not to endure the bad treatment, and that they ought to take the only means that they possessed of expressing their feelings, and of wreaking vengeance, by employing poison” (p. 92). Now though it may be said that in this passage we have no direct justification of the atrocious crime attributed to the Roman matrons, yet it can hardly be denied that we have here a distinct condonation of the infamous and dastardly act, such a condonation as the worthy Principal of St Andrews University would hardly have meted out to men under any circumstances. Probably Professor Donaldson, in writing the above, felt that his comments would not be resented very strongly, even if not actually approved, by public opinion, steeped as it is at the present time in Feminism, political and sentimental.
Another instance, this time of direct special pleading to prove a woman guilty of an atrocious crime to be an “injured innocent.” It is taken from an eminent Swiss alienist in his work on Sex. Dr Forel maintains a thesis which may or may not be true to the effect that the natural maternal instinct is either absent or materially weakened in the case of a woman who has given birth to a child begotten by rape, or under circumstances bordering upon rape, and indeed more or less in all cases where the woman is an unwilling participant in the sexual act. By way of illustration of this theory he cites the case of a barmaid in St Gallen who was seduced by her employer under such circumstances as those above mentioned; a child resulted, who was put out to nurse at an institution until five years of age, when it was handed over to the care of the mother. Now what does the woman do? Within a few hours of receiving the little boy into her keeping she took him to a lonely place and deliberately strangled him, in consequence of which she was tried and condemned. Now Dr Forel, in his Feminist zeal, feels it incumbent upon him to try to whitewash this female monster by urging, on the basis of this theory, the excuse that under the circumstances of its conception one could not expect the mother to have the ordinary instincts of maternity as regards her child. The worthy doctor is apparently so blinded by his Feminist prejudices that (quite apart from the correctness or otherwise of his theory) he is oblivious of the absurd irrelevancy of his argument. What, we may justly ask, has the maternal instinct, or its absence, to do with the guilt of the murderess of a helpless child committed to her care? Who or what the child was is immaterial! That a humane and otherwise clear-headed man like Dr Forel could take a wretch of this description under his ægis, and still more that in doing so he should serve up such utterly illogical balderdash by way of argument, is only one more instance of how the most sane-thinking men are rendered fatuous by the glamour of Sentimental Feminism.
In the present chapter we have given a few typical instances of the practice which constitutes one of the most conspicuous features of Modern Feminism and of the public opinion which it has engendered. We hear and read, ad nauseam, of excuses, and condonation, for every crime committed by a woman, while a crime of precisely similar a character and under precisely similar circumstances, where a man is the perpetrator, meets with nothing but virulent execration from that truculent ass, British public opinion, as manipulated by the Feminist fraternity, male and female. This state of public opinion reacts, of course, upon the tribunals and has the result that women are practically free to commit any offence they please, with always a splendid sporting chance of getting acquitted altogether, and a practical certainty that even if convicted they will receive farcical sentences, or, should the sentence be in any degree adequate to the offence, that such sentence will not be carried out. The way in which criminal law is made a jest and a mockery as regards female prisoners, the treatment of criminal suffragettes, is there in evidence. The excuse of health being endangered by their going without their breakfasts has resulted in the release after a few days of women guilty of the vilest crimes —e. g. the attempt to set fire to the theatre at Dublin. It may be well to recall the outrageous facts of modern female immunity and free defiance of the law as illustrated by one quotation of a description of the merry time of the window-smashers of March 1912 in Holloway prison given by a correspondent of The Daily Telegraph. The correspondent of that journal describes his visit to the aforesaid prison, where he said there appeared to have been no punishment of any kind for any sort of misbehaviour. “All over the place,” he writes, “is noise – women calling to women everywhere, and the officials seem powerless to preserve even the semblance of discipline. A suffragist will call out her name while in a cell, and another one who knows her will answer, giving her name in return, and a conversation will then be carried on between the two. This chattering obtains all day and far into the night. The ‘officials’ as the wardresses prefer themselves called, have already given the prison the name of ‘the monkey-house.’ Certain it is that the prisoners are treated with all deference, the reason being perhaps that the number of officials is insufficient to establish proper order. While I was waiting yesterday one lady drove up in a carriage and pair, in which were two policemen and several bundles of clothes, to enter upon her sentence and this is the note which seems to dominate the whole of the prison. Seventy-six of the prisoners are supposed to be serving sentences with hard labour, but none of them are wearing prison clothes, and in only one or two instances have any tasks of any description been given, those generally being a little sewing or knitting.” Again a member of the Women’s Freedom League at a meeting on 19th May 1912 boasted that the suffragettes had a wing of their own at Holloway. “They had nice hot water pipes and all the latest improvements and were able to climb up to the window and exchange sentiments with their friends.” She had saved money and enjoyed herself very much!!
Here we have a picture of the way the modern authorities of the law recognise the “injured innocence” of female delinquents who claim the right wantonly to destroy property. Our present society, based as it is on private property-holding, and which usually punished with the utmost severity any breach of the sanctity of private property, waives its claims where women are concerned. Similarly arson under circumstances directly endangering human life, for which the law prescribes the maximum sentence of penal servitude for life, is considered adequately punished by a week or two’s imprisonment when those convicted of the crime are of the female sex. Oh, but they were acting from political motives! Good, and have not terrorist anarchists, Fenians and Irish dynamiters of the Land League days also acted from political motives? The terrorist anarchist, foolish and indefensible though his tactics may be, believes honestly enough that he is paving the way for the abolition of poverty, misery and social injustice, a far more vital thing than the franchise! The Irish Fenians and dynamiters pursued a similar policy and there is no reason to doubt their honest belief that it would further the cause of the freedom and national independence of Ireland. Yet were these “political” offenders dealt with otherwise than as ordinary criminals when convicted of acts qualified by the law as felonies? And their acts, moreover, whatever we may think of them otherwise, were, in most cases at least, politically logical from their own point of view, and not senseless injuries to unoffending persons, as those of the present-day female seekers after the suffrage.
CHAPTER V
THE “CHIVALRY” FAKE
The justification for the whole movement of Modern Feminism in one of its main practical aspects – namely, the placing of the female sex in the position of privilege, advantage and immunity – is concentrated in the current conception of “chivalry.” It behoves us, therefore, to devote some consideration to the meaning and implication of this notion. Now this word chivalry is the dernier ressort of those at a loss for a justification of the modern privileging of women. But those who use it seldom give themselves the trouble to analyse the connotation of this term. Brought to book as to its meaning, most persons would probably define it as deference to, or consideration for, weakness, especially bodily weakness. Used in this sense, however, the term covers a very much wider ground than the “kow-towing” to the female section of the human race, usually associated with it. Boys, men whose muscular strength is below the average, domestic animals, etc., might all claim this special protection as a plea of chivalry, in their favour. And yet we do not find different criminal laws, or different rules of prison treatment, say, for men whose stamina is below the average. Neither do we find such men or boys exempted by law from corporal punishment in consequence of their weakness, unless as an exception in individual cases when the weakness amounts to dangerous physical disability. Neither, again, in the general affairs of life are we accustomed to see any such deference to men of weaker muscular or constitutional development as custom exacts in the case of women. Once more, looking at the question from the other side, do we find the claim of chivalry dropped in the case of the powerful virago or the muscularly developed female athlete, the sportswoman who rides, hunts, plays cricket, football, golf and other masculine games, and who may even fence or box? Not one whit!
It would seem then that the definition of the term under consideration, based on the notion of deference to mere weakness as such, will hardly hold water, since in its application the question of sex always takes precedence of that of weakness. Let us try again! Abandoning for the moment the definition of chivalry as a consideration for weakness, considered absolutely, as we may term it, let us see whether the definition of consideration for relative defencelessness —i. e. defencelessness in a given situation – will coincide with the current usage of the word. But here again we are met with the fact that the man in the hands of the law – to wit, in the grip of the forces of the State, ay, even the strongest man, were he a very Hercules, is in as precisely as defenceless and helpless a position relative to those in whose power he finds himself, as the weakest woman would be in the like case, neither more nor less! And yet an enlightened and chivalrous public opinion tolerates the most fiendish barbarities and excogitated cruelties being perpetrated upon male convicts in our gaols, while it shudders with horror at the notion of female convicts being accorded any severity of punishment at all even for the same, or, for that matter, more heinous offences. A particularly crass and crucial illustration is that infamous piece of one-sided sex legislation which has already occupied our attention in the course of the present volume – to wit, the so-called “White Slave Traffic Act” 1912.
It is plain then that chivalry as understood in the present day really spells sex privilege and sex favouritism pure and simple, and that any attempts to define the term on a larger basis, or to give it a colourable rationality founded on fact, are simply subterfuges, conscious or unconscious, on the part of those who put them forward. The etymology of the word chivalry is well known and obvious enough. The term meant originally the virtues associated with knighthood considered as a whole, bravery even to the extent of reckless daring, loyalty to the chief or feudal superior, generosity to a fallen foe, general open-handedness, and open-heartedness, including, of course, the succour of the weak and the oppressed generally, inter alia, the female sex when in difficulties. It would be idle, of course, to insist upon the historical definition of the term. Language develops and words in course of time depart widely from their original connotation, so that etymology alone is seldom of much value in practically determining the definition of words in their application at the present day. But the fact is none the less worthy of note that only a fragment of the original connotation of the word chivalry is covered by the term as used in our time, and that even that fragment is torn from its original connection and is made to serve as a scarecrow in the field of public opinion to intimidate all who refuse to act upon, or who protest against, the privileges and immunities of the female sex.[5 - One among many apposite cases, which has occurred recently, was protested against in a letter to The Daily Telegraph, 21st March 1913, in which it was pointed out that while a suffragette got a few months’ imprisonment in the second division for wilfully setting fire to the pavilion in Kew Gardens, a few days previously, at the Lewes Assizes, a man had been sentenced to five years’ penal servitude for burning a rick!!]
I have said that even that subsidiary element in the old original notion of chivalry which is now well-nigh the only surviving remnant of its original connotation is torn from its connection and hence has necessarily become radically changed in its meaning. From being part of a general code of manners enjoined upon a particular guild or profession it has been degraded to mean the exclusive right in one sex guaranteed by law and custom to certain advantages and exemptions without any corresponding responsibility. Let us make no mistake about this. When the limelight of a little plain but critical common-sense is turned upon this notion of chivalry hitherto regarded as so sacrosanct, it is seen to be but a poor thing after all; and when men have acquired the habit of habitually turning the light of such criticism upon it, the accusation, so terrible in the present state of public opinion, of being “unchivalrous” will lose its terrors for them. In the so-called ages of chivalry themselves it never meant, as it does to-day, the woman right or wrong. It never meant as it does to-day the general legal and social privilege of sex. It never meant a social defence or a legal exoneration for the bad and even the criminal woman, simply because she is a woman. It meant none of these things. All it meant was a voluntary or gratuitous personal service to the forlorn women which the members of the Knights’ guild among other such services, many of them taking precedence of this one, were supposed to perform.
So far as courage is concerned, which was perhaps the first of the chivalric virtues in the old days, it certainly requires more courage in our days to deal severely with a woman when she deserves it (as a man would be dealt with in like circumstances) than it does to back up a woman against her wicked male opponent.
It is a cheap thing, for example, in the case of a man and woman quarrelling in the street, to play out the stage rôle of the bold and gallant Englishman “who won’t see a woman maltreated and put upon, not he!” and this, of course, without any inquiry into the merits of the quarrel. To swim with the stream, to make a pretence of boldness and bravery, when all the time you know you have the backing of conventional public opinion and mob-force behind you, is the cheapest of mock heroics.