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the motives, at least, of the indivi- dogma kind of living chattels, which dual, to whose exertions we owe the universal custom recognises to be as late Act for the prevention or punish- much his pure, passive property, as ment of cruelty. He has employed his tables and chairs? I can at once no common pains in the business; understand the fitness of making an not resting content with the, bare individual accountable to public justriumph of his Act, but taking upon tice for ill-using his neighbour's himself the quite extra-senatorial task horse, or beast of any kind; but to of seeing it enforced—of hunting up seize upon him as a criminal, and regame, as it were, in the high-ways, duce him to beggary, or throw him on which to try the effect of his new into a prison, for any severities that he machinery. Offices so very practical pleases to inflict upon a beast of his are rather a novelty in parliamentary own, appears to me to be an act of life, if I am not a careless observer. arbitrary oppression, entirely at vaAny man might have borne the toil riance with all the analogies of of talking the new Act through the English law. Moral justice cannot House of Commons : but Mr. Martin, always be made a ground for legislawhen he had done this, had not done tive enactments. We check the free-, half his work. With him, the noise agency of pick-pockets and houseof St. Stephen's is but as a proem to breakers, with the consent of all the the noise of Smithfield: he escapes world: but crimes of a far deeper from the confusion of the benches, dye, in a moral point of view, must only to launch into the uproar of the be permitted to go unpunished, at pens. “ The honourable gentleman least in a legal sense, if they do not opposite," and “ the worthy member come within a certain line, which on the left," are but a joke at the the usage of ages has assigned as top of their voices: the music of the limit of legal authority. All the market-day in Smithfield is a far finer parts of morality are not withmore serious matter. To appear in in the jurisdiction of the courts. that brute-Babel, and no more, is Many a gentleman must be allowed heroism, in a familiar way :-what to go. at large, for whom the stocks then shall we say of a Member of would be a very inadequate reward. Parliament, who ventures there for One may indulge in a pious wish the express purpose of catching a concerning such a person--but no drover?

To he quite serious, such a way of If a man, by an act of unmeagoing to work shows hearty inten- sured severity to a horse, were not tions, to say the least of it. The wis- less an offender against the general dom of such measures, and their ef- feeling and practice of the world ficacy, in reference to either offending than against abstract justice, I should man or suffering brute, are, I think, still not think that there was a case exceedingly questionable.

With a

made out for the interference of the thorough detestation of cruelty, I legislature. But in truth he is no cannot egard it, in this case, as a transgressor against the public in fit subject for legislation. There can

He acts in no worse be no pity for the cowardly ruffian spirit than others do towards animals who considers the helpless depend- in their power: he is encouraged in ence of animals as a motive only for his ferocity by general example; he abusing them; yet I cannot see how, sees all men combining to make their on this account, he can be fairly horses as useful as possible -- all, made amenable to penal law. Í high and low, agreeing in a callous would cheerfully see him punished; assumption of their extreme services, though certainly not by means of with just so much respect, in return, any special provision, offensive to for their comforts and enjoyments, the general principles of liberty.- as is consistent with the selfish inEvery man has a right, in popular terest which they have in their prephrase, to do what he pleases with servation. This is a harsh descriphis own property; and such a right tion of a civilized people-yet, is it being admitted, with what consist- not a true one? If there is a hearty ency can we subject him to penalties, wish abroad to abolish cruelty, let for beating his horse, his ox, or his us have no cant; let us not set to

any sense.

more.

work with any suspicious timidity, justice. I would have no legislation but probe the question to the very at all in any such matters, and cerbottom.

tainly not such legislation as this. Do I mean then to say, that no We see its penalties visited only upon man would hesitate to beat his horse those who have rags and dirt against without mercy ? -No-certainly not. them, with want of education, and I do say, however, that thousands, other circumstances of their condiwho might shrink from an act of im- tion, which should plead in their mediate violence-who might scruple favour ; while it spares others, who to tear flesh or draw blood-do, ne- have no better claim to exemption, vertheless, adopt, encourage, or con- than what they derive from better nive at, a treatment of horses, com- dress, together with more knowledge, pared with which, as a cause of and more refinement, which should deep and lasting suffering to those be regarded only as an aggravation animals, the utmost powers of the of their wrong-doing. It is really lash are but as a fly-bite. Here and quite absurd to see a man hunting there a fellow may be found brutal out for cruel people who abuse enough to lash a horse till the blooil horses, yet fixing his sole attention flows; and by such acts, one horse, upon Smithfield drovers and hackneyprobably, in one hundred, is subject, coachmen; as if there were no carfrom time to time, to a momentary riages likely to present game of this pain: while all men remorselessly sort, except those with numbers upon avail themselves of the convenience them. Make drovers and hackneyof post-chaises and stage-coaches, the coachmen as tender-hearted as you conduct of which sends ninety horses please ; but the object desired is reout of a hundred, through a lingering lief for horses-the race—and such course of torturing disease, to a pre- a plan as this, in relation to such an mature death. Is cruelty, as far as object, is as a drop to the ocean. it is a matter interesting to horses, The cruelty, I contend, is general. chargeable only to the first-menti- Whatever might be the docility of oned description of offenders ? A the horse, under a system of gentle carman, in a ragged coat and dirty instruction, custom has decided, that shirt, strikes his fore-horse on the he shall be controled by means of nose with the butt-end of his whip, violence and coercion; and I have and the animal feels the smart for a no doubt, that a majority of the sefull hour and a half'; while a sporting nators, who, in their wisdom and gentleman, of the first fashion from tenderness, passed the late act against top to toe, mounts his “ favourite cruelty, deliberated with whips in mare," and goads it on to the per- their hands and spurs at their heels. formance of some desperate match That such instruments, in the power against time-its agonizing exertions of passionate or thoughtless men, of either killing it on the spot, or in- all ranks, will often be employed for flicting upon it some dire disease objects very remote from the simple in the lungs, or heart, or limbs, to management of a horse, there can last as long as its life. If either of be no doubt. And where is the rethese two delinquents is a fit mark medy? The exercise of these weafor punishment, which should have pons is indulged in universally with the preference?-Speak out-don't such indefinite freedom, that if law be thinking about the coats of the would oppose it with effect, or on parties--the carman strikes in mere any principle of equal dealing, it passion; the gentleman has five must be by one sweeping blow, les hundred pounds depending on his velled at all who ride or drive. The match. If cruelty can admit of an attempt to assign punishment to excuse, who, if he has any warmer certain degrees or certain persons, feeling about him than a Jew-pedlar, in a species of offence so indetermiwill deny, that the carman has the nate and widely spread, must insalbest to propose ?

libly be attended with endless perIt is this view of the case that plexity, and intolerable partiality. gives me a peculiar distaste for the All outrageous violence towards spirit of Mr. Martin's Act. It dis- animals, not countenanced by compenses punishment with no equal mon custom, must be delivered over for punishment, it appears to me, to ing is a most agreeable and enlivennothing but the scorn arising from ing exercise! I know it, but we are public feeling and opinion. Such a talking about cruelty to animals, and check may be feeble and rarely in- the propriety of legislating on such a terposed, and it is very disgraceful subject. Bull-baiting is illegal, I that it should be so; but being so, believe, or subject, in some way, to it is perfectly futile to think of aid- mayors or constables; but who can ing and quickening it by Acts of be blind to the striking difference, in Parliament. Law follows, not leads, point of cruelty, between baiting a the course of public opinion. I have bull and baiting a hare? Besides, no notion of indicting a whole king- consider the sort of company that dom into gentleness, or of softening usually attend the sport of bull-baitthe national mind by the rough ing. agency of the police. We must Is mere wantonness of cruelty to wait for the developement of other be the ground of punishment? Why and surer sources of improvement. then leave untaxed the barbarous We may wait long, but we must and senseless practice of cutting off wait patiently. Cruelty is not quite the tails of horses- in losing which discarded, it all be true that we they are exposed to more pain than hear of, between man and man; how they would derive from whips, if every long it may be, before there shall be body used them like those who use nothing but kindness between man them most? They are in the wayand horse-Heaven knows

I have heard people say; in their If it be thought, that such a con- way, they mean, I suppose, if they summation can be advanced by the have a meaning. Why do we per, direct violence of law, in the name mit a man to go at large who cuts of sincerity and fair play, let it be off his terrier's ears, when he shall dealt impartially, and in earnest. not propose any better excuse for Decree at once, that fine and impri- such an aggression than, that “somesonment shall be the reward of every how or other, he never thinks a terman, without distinction, who gives rier looks like a terrier with long unnecessary pain to any thing that ears ?” How comes it that the lives. If the carman's whip is to be alderman is not called upon to atone actionable, why spare the spurs of for ages of crimped cod? But stay "the nobility, gentry, and others," this particular may escape, probapieces of studied and prepense cruel. bly, under the head of " necessary ty, on the very face of them? We cruelties.” If a man is to be brought shall hear, perhaps, of “ necessary to account for injuring a horse, cruelty,"- -or some such sophistica. why allow him to torture a mouse tion, in defence of abuses sanctified or 'maltreat a fly with impunity? by general use, or high authority. These animals are so insignificant, As if cruelty were only culpable, it may be said, mere vermin; and when prompted by thoughtless rage what if they are so ? the question is or were justified, when applied not of dignity or usefulness, but of deliberately, in the holy pursuit of cruelty-and “ the poor beetle that profit and amusement. To lash a we tread upon-in corporal sufferhorse in a coal-cart is a crime; to ance" lash him on a race-ground is only I have been led to say rather more

the way to make him win. on this part of my subject than I What right have we, I should wish had intended. I find myself defendto know, to punish hackney-coach- ing the cause of man, when I had men for “ cruelty to animals,” while simply proposed to myself to become we pass by certain gentlemen in red the advocate of brutes. My chief coats, who, on any given morning, objection, after all, to Mr. Martin's will mount their horses, and ride them, Act is, not that it is unjust and unit may be, till they drop from exhaus- equal in its dispensation of punishtion, that they may keep close to a ment (a blot, however, that I by pack of ravenous dogs, set on by them, no means make light of), but that it first, to terrify, through an hour or does not afford a shadow of relief to two of agony, and then to destroy, a the poor animals which it professes poor defenceless hare. Nay-hunt- to befriend. Among all their sufferings, it singles out for redress the grievous enough, to be sure, as it very lightest, and that which is least falls upon Mrs. B—-, or Mrs. C, accessible to control and correction. but is no concern for the sex. In reference to the whole race of If our poor horses, in like manner, horses, mere wanton or savage abuse could but secure a little uniform momust be an injury of very rare oc- deration in their general treatment; currence; and were they relieved if they could put away that single from all the other modes of oppres- but woeful curse of their kind, oversion under which they groan, their work, they would have fair reason liability to this single casualty would to be content, and might well destill be the same. Acts of deliberate spise the small annoyances and cruelty might be made, perhaps, to chance-blows coincident with irriyield to the terrors of law; the same table coachmen and impatient riders. power that has limited the number The lash is the least of their sufferof passengers to be carried in and ings. Relieve them from excessive on a coach, for the security of the labour, and the train of misery human traveller, might interpose to connected with it, and you will have regulate the length of stages, for the done for them all that the most sancomfort of horses; but to suppose, guine humanity could hope for or dethat the passion of anger is to be sire. Could they speak, they would, banished by Act of Parliament, or I have no doubt, check our vanity that such an authority shall prevent by telling us, that they laugh at the an intemperate man from now and puny violences that can come from then beating his horse, or anything the mere muscles of a man. What else that falls in his way, is perfectly are these compared with the kicks absurd. Men will not deal better which it sometimes pleases them to by their horses than they do by exchange with one another? What their wives : they will beat them oc- is a hand to an animal with a hoof? casionally; and to direct a power. They care not, they would say, for less blow, under pretence of relief, the whip, on its own account, howat this partial grievance, while all ever lawlessly applied; they comtheir great, general, and constant plain only of the decorous and meainjuries remain unredressed, is no- sured use of it, as a means of urging thing but mockery. What would them on to exertions beyond their the ladies say, if they were depen- strength, and fatal to their health. dent for all their rights in society on Observe a team of horses in an innpositive law, which should make no yard, just liberated from a stageother provision in their favour, than coach-smoking and drenched with that their husbands should not beat sweat, their heads sunk, panting, and them. A man, it might be enacted, painfully blowing out their breath, may exert any decent sovereignty their knees bent and stiffened, their over his wife, or turn her to any use- tails quivering, every muscle in their ful account, lock her up in perpe- bodies trembling with agitation ; see tual confinement, or keep her to hard them in this state limping and staggerlabour during all her waking hours, ing into their stable, that they may that she may relieve him from the take such rest as their aching bones pain of tilling the ground, and hew. will allow them, and recover ing wood, and carrying water; but much strength as will fit them to he shall not lay a finger upon her in be worked and worn down again. the way of chastisement. Work her What comfort would these wretched to death and welcome-but let him animals receive, in the depth of their touch a hair of her head in anger at misery, could you make them underhis peril. Thank God, the women stand that Mr. Martin's eye was have a better security for the con- upon them, and that the ferocious sideration that is their due, in the driver, who whipped his near leader general gallantry and polish of the for a minute and a half, on a cerage. Cherished, admired, respected, tain Wednesday, would surely be they would never think of complain- brought to punishment ? Don't ining, as a body, that here and there a sult us, they might say, with your man had come to the enormity of niggardly sympathy-don't talk to beating his wife. Such a matter is us of cruel drivers--protect us from

so

cruel proprietors, and cruel travel- side, between jacket and coat, is the lers. You are brushing gnats from best excuse that can be assigned for our hides, when we have wounds so plain a contradiction. at our hearts.

It is often, and unjustly, required The proprietors of post-horses have from a person who finds fault with determined by cold calculation, that any scheme of improvement, that he the most profitable way of dealing should suggest a better, or be silent; with them is “ to get as much work as if the simple detection of error out of them as possible, by the were little other than a crime. Obspeediest means; that a horse is jecting, as I do, to Mr. Martin's turned to more account, when work- Act, as oppressive, partial, and useed to death in two years, than he less, what profound plan, it may be would be by a longer life of more asked, would I propose, as likely to moderate exertion. With this truth operate in its place more equitably, before them, they suffer no anxiety and with greater effect? In this about the feelings of the animals to ripe age of civilization, I have no puzzle their arithmetic ; regarding great expectations, I confess, that them only as abstract quantities-so any very sudden discoveries will be much horse-power-not so much made, for the further advancement horse-flesh. Could the legislature of justice and gentleness among men. interfere with safety, or any chance if we sin now, it is not in ignorance. of success, to repress such cruelties Public opinion and common custom, as these? Would it be borne, that I have said, seem to me to be the the law should presume to settle for only rightful restraint, beyond every every man the task-work of his horse; man's own conscience, for the speto tax journies, in addition to turn- cies of cruelty that I have been treatpikes, with penalties on excessive ing of; and if these great authorities galloping, and immoderate duration? are more disposed in this case, as I Would any such regulations be sub- conceive they are, to encourage than mitted to for a moment; affecting, repress the abuse, who has the best as they would, not only proprietors and readiest means of bringing them of post-horses, but travellers of all to a more decent sense of their duty? denominations, from the noble spirits I should not address myself to the who have nothing to do but to rattle obscure ruffians who have hitherto in and out of the metropolis, as if been the only victims of Mr. Marlife and death were on their speed, tin's Act. You may fine, and imprito the humble itinerant, who must son, and terrify a carman for beating curse, and swear, and whip over his his horse, and produce no other efway, as best he may, that his “sund fect upon public feeling, but that of

may be in time for the market ? diverting its sympathy from the proThey clearly would not. Though per object, and fixing it upon the such interference might at once se- least deserving brute of the two. I cure horses from all their oppression, should appeal rather to the high and it must not be employed ; because, mighty, to those who, from eminence however excellent in its particular of station, are most within the view spirit and effect, it would be an in- of the world, and whose example is fraction of general rules connected most influential upon general conwith the whole body of our rights duct. I beg to repeat, however it and privileges. If then, so large a may startle those who have had their benefit to all horse-kind must yield fine horrors of drovers and monsters to these general rules, why break with car:-whips, that we

are all them for so insignificant an object cruel alike: we all give our counas that of saving a few individuals tenance and co-operation to the malfrom the least oppressive among the treatment of horses; and if there is multitude of abuses to which they an honest design of protecting them are exposed? Why arrest the horse by punishing their oppressors, let whipping driver on the outside of a not the penalty be wasted on the carriage, while you hesitate to check lowest, but fall where it is alone the horse-killing gentleman in the likely to bring forth good fruits, upon inside ? I verily suspect, that the the highest. The rich, who make difference between outside and in- most use of horses, are beyond ques

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