Chapter 16

We were then taken into custody, and went down to the Crown Office to get the form for the recognizances, the amount of which, £100, after such a sentence, was a fair proof of the view of the Court as to our good faith in the whole matter. As a married woman, I was unable to give recognizances, being only a chattel, not a person cognisable by law; the Court mercifully ignored this--or I should have had to go to prison--and accepted Mr. Bradlaugh's sole recognizance as covering us both. It further inserted in the sentence that we were "to be placed in the First Class of Misdemeanants", but as the sentence was never executed, we did not profit by this alleviation.

The rest of the story of the Knowlton pamphlet is soon told. We appeared in the Court of Appeal on January 29th, 30th, and 31st, 1878. Mr. Bradlaugh argued the case, I only making a brief speech, and on February 12th the Court, composed of Lords Justices Bramwell, Brett, and Cotton, gave judgment in our favor and quashed the indictment. Thus we triumphed all along the line; the jury acquitted us of all evil motive, and left us morally unstained; the Court of Appeal quashed the indictment, and set us legally free. None the less have the ignorant, the malicious, and the brutal, used this trial and sentence against us as a proof of moral obliquity, and have branded us as "vendors of obscene books" on this sole ground.

With the decision of the Court of Appeal our pledge not to sell the Knowlton pamphlet came to an end, and we at once recommenced the sale. The determination we came to was announced in the _National Reformer_ of March 3rd, and I reprint here the statement I wrote at the time in Mr. Bradlaugh's name as well as my own.

"THE PLAN OF THE CAMPAIGN.

"The first pitched battle of the new campaign for the Liberty of the Press has, as all our readers know, ended in the entire defeat of the attacking army, and in the recapture of the position originally lost. There is no conviction--of ours--registered against the Knowlton Pamphlet, the whole of the proceedings having been swept away; and the prosecutors are left with a large sum out of pocket, and no one any the worse for all their efforts. The banker's account of the unknown prosecutor shows a long and melancholy catalogue of expenses, and there is no glory and no success to balance them on the other side of the ledger. On the contrary, our prosecutors have advertised the attacked pamphlet, and circulated it by thousands and by hundreds of thousands; they have caused it to be reprinted in Holland and in America, and have spread it over India, Australia, New Zealand, and the whole continent of Europe; they have caused the Population Question to be discussed, both at home and abroad, in the press and in the public meeting; they have crammed the largest halls in England and Scotland to listen to the preaching of Malthusianism; they have induced the publication of a modern pamphlet on the question which is selling by thousands; they have enormously increased the popularity of the defendants, and made new friends for them in every class of society; in the end, Knowlton is being circulated as vigorously as ever, and since the case was decided more copies have been sold than would have been disposed of in ten years at the old rate of sale. Truly, our prosecutors must feel delighted at the results of their labors.

"So much for the past: what as to the future? Some, fancying we should act as they themselves would do under the like circumstances, dream that we shall now give way. We have not the smallest intention of doing anything of the kind. We said, nearly a year ago, that so long as Knowlton was prosecuted we should persist in selling him; we repeated the same determination in Court, and received for it a heavy sentence; we repeat the same to-day, in spite of the injudicious threat of Lord Justice Brett. Before we went up for judgment in the Court of Appeal we had made all preparations for the renewal of the struggle; parcels were ready to be forwarded to friends who had volunteered to sell in various towns; if we had gone to jail from the Court these would at once have been sent; as we won our case, they were sent just the same. On the following day orders were given to tell any wholesale agents who inquired that the book was again on sale, and the bills at 28, Stonecutter Street, announcing the suspension, of the sale, were taken down; from that day forward all orders received have been punctually attended to, and the sale has been both rapid and steady. There is, however, one difference between the sale of Knowlton and that of our other literature: Knowlton is not sold across the counter at Stonecutter Street. When we were arrested in April 1877, we stopped the sale across counter, and we do not, at present, intend to recommence it. Our reason is very simple. The sale across counter does not, in any fashion, cause us any additional risk; the danger of it falls entirely on Mr. Ramsey and on Mr. and Mrs. Norrish; we fail to see that there is any courage in running other people into danger, and we prefer, therefore, to take the risk on ourselves. We do not intend to go down again and personally sell behind the counter; we thought it right to challenge a prosecution once, but, having done so, we intend now to go quietly on our ordinary way of business, and wait for any attack that may come.

"Meanwhile, we are not only selling the 'Fruits of Philosophy', but we also are striving to gain the legal right to do so. In the appeal from Mr. Vaughan's decision Mr. Bradlaugh again raises all the disputed questions, and that appeal will be argued as persistently as was the one just decided in our favor. We are also making efforts to obtain an alteration of the law of libel, and we hope soon to be able to announce the exact terms of the proposed Bill.

"My own pamphlet, on 'The Law of Population', is another effort in the same direction. At our trial the Lord Chief Justice said, that it was the advocacy of the preventive checks which was the assailable part of Knowlton; that advocacy is strongly and clearly to be found in the new pamphlet, together with facts useful to mothers, as to the physical injury caused by over-rapid child-bearing, which Knowlton did not give. The pamphlet has the advantage of being written fifty years later than the 'Fruits of Philosophy', and is more suitable, therefore, for circulation at the present day. We hope that it may gradually replace Knowlton as a manual for the poor. While we shall continue to print and sell Knowlton as long as any attempt is made to suppress it, we hope that the more modern pamphlet may gradually supersede the old one.

"If another prosecution should be instituted against us, our prosecutors would have a far harder task before them than they had last time. In the first place, they would be compelled to state, clearly and definitely, what it is to which they object; and we should, therefore, be able to bring our whole strength to bear on the assailed point. In the second place, they would have to find a jury who would be ready to convict, and after the full discussion of the question which has taken place the finding of such a jury would be by no means an easy thing to do. Lastly, they must be quite sure not to make any legal blunders, for they may be sure that such sins will find them out. Perhaps, on the whole, they had better leave us alone.

"I believe that our readers will be glad to have this statement of our action, and this assurance that we feel as certain of winning the battle of a Free Press as when we began it a year ago, and that our determination is as unwavering as when Serjeant Outram arrested us in the spring of last year.--ANNIE BESANT."

Several purchases were made from us by detectives, and we were more than once threatened with prosecution. At last evidence for a new prosecution was laid before the Home Office, and the Government declined to institute fresh proceedings or to have anything more to do with the matter. The battle was won. As soon as we were informed of this decision, we decided to sell only the copies we had in stock, and not to further reprint the pamphlet. Out-of-date as was much of its physiology, it was defended as a symbol, not for its intrinsic worth. We issued a circular stating that--

"The Knowlton pamphlet is now entirely out of print, and, 185,000 having been printed, the Freethought Publishing Company do not intend to continue the publication, which has never at any time been advertised by them except on the original issue to test the question. 'The Law of Population', price 6d., post free 8d., has been specially written by Mrs. Besant to supersede the Knowlton pamphlet."

Thus ended a prolonged resistance to an unfair attempt to stifle discussion, and, much as I have suffered in consequence of the part I took in that fight, I have never once regretted that battle for the saving of the poor.

In July, 1877, a side-quarrel on the pamphlet begun which lasted until December 3rd, 1878, and was fought through court after court right out to a successful issue. We had avoided a seizure warrant by removing all our stock from 28, Stonecutter Street, but 657 of the pamphlets had been seized at Mr. Truelove's, in Holborn, and that gentleman was also proceeded against for selling the work. The summons for selling was withdrawn, and Mr. Bradlaugh succeeded in having his name and mine inserted as owners of the books in the summons for their destruction. The books remained in the custody of the magistrate until after the decision of the Court of Queen's Bench, and on February 12th, 1878, Mr. Bradlaugh appeared before Mr. Vaughan at Bow Street, and claimed that the books should be restored to him. Mr. Collette, of the Vice Society, argued on the other hand that the books were obscene, and ought therefore to be destroyed. Mr. Vaughan reserved his decision, and asked for the Lord Chief Justice's summing-up in the Queen _v._ Bradlaugh and Besant. On February 19th he made an order for the destruction of the pamphlets, against which Mr. Bradlaugh appealed to the General Sessions on the following grounds:

"1st. That the said book is not an obscene book within the meaning of the 20th and 21st Victoria, cap. 83. 2nd. That the said book is a scientific treatise on the law of population and its connexion with poverty, and that there is nothing in the book which is not necessary and legitimate in the description of the question. 3rd. That the advocacy of non-life-destroying checks to population is not an offence either at common law or by statute, and that the manner in which that advocacy is raised in the said book, 'The Fruits of Philosophy', is not such as makes it an indictable offence. 4th. That the discussion and recommendation of checks to over-population after marriage is perfectly lawful, and that there is in the advocacy and recommendations contained in the book 'Fruits of Philosophy' nothing that is prurient or calculated to inflame the passions. 5th. That the physiological information in the said book is such as is absolutely necessary for understanding the subjects treated, and such information is more fully given in Carpenter's treatises on Physiology, and Kirke's 'Handbook of Physiology', which later works are used for the instruction of the young under Government sanction. 6th. That the whole of the physiological information contained in the said book, 'The Fruits of Philosophy', has been published uninterruptedly for fifty years, and still is published in dear books, and that the publication of such information in a cheap form cannot constitute an offence."

After a long argument before Mr. Edlin and a number of other Middlesex magistrates, the Bench affirmed Mr. Vaughan's order, whereupon Mr. Bradlaugh promptly obtained from the Lord Chief Justice and Mr. Justice Mellor a writ of _certiorari_, removing their order to the Queen's Bench Division of the High Court of Justice with a view to quashing it. The matter was not argued until the following November, on the 9th of which month it came on before Mr. Justice Mellor and Mr. Justice Field. The Court decided in Mr. Bradlaugh's favor and granted a rule quashing Mr. Vaughan's order, and with this fell the order of the Middlesex magistrates. The next thing was to recover the pamphlets thus rescued from destruction, and on December 3rd Mr. Bradlaugh appeared before Mr. Vaughan at Bow Street in support of a summons against Mr. Henry Wood, a police inspector, for detaining 657 copies of the "Fruits of Philosophy". After a long argument Mr. Vaughan ordered the pamphlets to be given up to him, and he carried them off in triumph, there and then, on a cab. We labelled the rescued pamphlets and sold every one of them, in mocking defiance of the Vice Society.

The circulation of literature advocating prudential checks to population was not stopped during the temporary suspension of the sale of the Knowlton pamphlet between June, 1877, and February, 1878. In October, 1877, I commenced in the _National Reformer_ the publication of a pamphlet entitled: "The Law of Population, its consequences, and its bearing upon human conduct and morals". This little book included a statement of the law, evidence of the serious suffering among the poor caused by over-large families, and a clear statement of the checks proposed, with arguments in their favor. The medical parts were omitted in the _National Reformer_ articles, and the pamphlet was published complete early in November, at the price of sixpence--the same as Knowlton's--the first edition consisting of 5,000 copies. A second edition of 5,000 was issued in December, but all the succeeding editions were of 10,000 copies each. The pamphlet is now in its ninetieth thousand, and has gone all over the civilised world. It has been translated into Swedish, Danish, Dutch, French, German, and Italian, and 110,000 copies have been sold of an American reprint. On the whole, the prosecution of 1877 did not do much in stopping the circulation of literature on the Population Question.

The "Law" has been several times threatened with prosecution, and the initial steps have been taken, but the stage of issuing a warrant for its seizure has never yet been reached. Twice I have had the stock removed to avoid seizure, but on each occasion the heart of the prosecutors has failed them, and the little book has carried its message of mercy unspeeded by the advertisement of prosecution.

The struggle on the right to discuss the prudential restraint of population did not, however, conclude without a martyr. Mr. Edward Truelove, alluded to above, was prosecuted for selling a treatise by Robert Dale Owen on "Moral Physiology", and a pamphlet entitled, "Individual, Family, and National Poverty". He was tried on February 1st, 1878, before the Lord Chief Justice in the Court of Queen's Bench, and was most ably defended by Professor W.A. Hunter. The jury spent two hours in considering their verdict, and then returned into Court and stated that they were unable to agree. The majority of the jury were ready to convict, if they felt sure that Mr. Truelove would not be punished, but one of them boldly declared in Court: "As to the book, it is written in plain language for plain people, and I think that many more persons ought to know what the contents of the book are". The jury was discharged, in consequence of this one man's courage, but Mr. Truelove's persecutors-- the wretched Vice Society--were determined not to let their victim free. They proceeded to trial a second time, and wisely endeavored to secure a special jury, feeling that as prudential restraint would raise wages by limiting the supply of labor, they would be more likely to obtain a verdict from a jury of "gentlemen" than from one composed of workers. This attempt was circumvented by Mr. Truelove's legal advisers, who let a _procedendo_ go which sent back the trial to the Old Bailey. The second trial was held on May 16th at the Central Criminal Court before Baron Pollock and a common jury, Professor Hunter and Mr. J.M. Davidson appearing for the defence. The jury convicted, and the brave old man, sixty-eight years of age, was condemned to four months' imprisonment and £50 fine for selling a pamphlet which had been sold unchallenged, during a period of forty-five years, by James Watson, George Jacob Holyoake, Austin Holyoake, and Charles Watts. Mr. Grain, the counsel employed by the Vice Society, most unfairly used against Mr. Truelove my "Law of Population", a pamphlet which contained, Baron Pollock said, "the head and front of the offence in the other [the Knowlton] case". I find an indignant protest against this odious unfairness in the _National Reformer_ for May 19th: "'My Law of Population' was used against Mr. Truelove as an aggravation of his offence; passing over the utter meanness--worthy only of Collette--of using against a prisoner a book whose author has never been attacked for writing it--does Mr. Collette, or do the authorities, imagine that the severity shown to Mr. Truelove will in any fashion deter me from continuing the Malthusian propaganda? Let me here assure them, one and all, that it will do nothing of the kind; I shall continue to sell the 'Law of Population' and to advocate scientific checks to population, just as though Mr. Collette and his Vice Society were all dead and buried. In commonest justice they are bound to prosecute me, and if they get, and keep, a verdict against me, and succeed in sending me to prison, they will only make people more anxious to read my book, and make me more personally powerful as a teacher of the views which they attack."

A persistent attempt was made to obtain a writ of error in Mr. Truelove's case, but the Tory Attorney-General, Sir John Holker, refused it, although the ground on which it was asked was one of the grounds on which a similar writ had been granted to Mr. Bradlaugh and myself. Mr. Truelove was therefore compelled to suffer his sentence, but memorials, signed by 11,000 persons, asking for his release, were sent to the Home Secretary from every part of the country, and a crowded meeting in St. James' Hall, London, demanded his liberation with only six dissentients. The whole agitation did not shorten Mr. Truelove's sentence by a single day, and he was not released from Coldbath Fields' Prison until September 5th. On the 12th of the same month the Hall of Science was crowded with enthusiastic friends, who assembled to do him honor, and he was presented with a beautifully-illuminated address and a purse containing £177 (subsequent subscriptions raised the amount to £197 16s. 6d.).

It is scarcely necessary to say that one of the results of the prosecution was a great agitation throughout the country, and a wide popularisation of Malthusian views. Some huge demonstrations were held in favor of free discussion; on one occasion the Free Trade Hall, Manchester, was crowded to the doors; on another the Star Music Hall, Bradford, was crammed in every corner; on another the Town Hall, Birmingham, had not a seat or a bit of standing-room unoccupied. Wherever we went, separately or together, it was the same story, and not only were Malthusian lectures eagerly attended, and Malthusian literature eagerly bought, but curiosity brought many to listen to our Radical and Freethought lectures, and thousands heard for the first time what Secularism really meant.

The press, both London and provincial, agreed in branding the prosecution as foolish, and it was widely remarked that it resulted only in the wider circulation of the indicted book, and the increased popularity of those who had stood for the right of publication. The furious attacks since made upon us have been made chiefly by those who differ from us in theological creed, and who have found a misrepresentation of our prosecution served them as a convenient weapon of attack. During the last few years public opinion has been gradually coming round to our side, in consequence of the pressure of poverty resulting from widespread depression of trade, and during the sensation caused in 1884 by "The Bitter Cry of Outcast London", many writers in the _Daily News_--notably Mr. G.R. Sims--boldly alleged that the distress was to a great extent due to the large families of the poor, and mentioned that we had been prosecuted for giving the very knowledge which would bring salvation to the sufferers in our great cities.

Among the useful results of the prosecution was the establishment of the Malthusian League, "to agitate for the abolition of all penalties on the public discussion of the population question", and "to spread among the people, by all practicable means, a knowledge of the law of population, of its consequences, and of its bearing upon human conduct and morals". The first general meeting of the League was held at the Hall of Science on July 26th, 1877, and a council of twenty persons was elected, and this Council on August 2nd elected Dr. C.R. Drysdale, M.D. President, Mr. Swaagman Treasurer, Mrs. Besant Secretary, Mr. Shearer Assistant Secretary, and Mr. Hember Financial Secretary. Since 1877 the League, under the same indefatigable president, has worked hard to carry out its objects; it has issued a large number of leaflets and tracts; it supports a monthly journal, the _Malthusian_; numerous lectures have been delivered under its auspices in all parts of the country; and it has now a medical branch, into which none but duly qualified medical men and women are admitted, with members in all European countries.

Another result of the prosecution was the accession of "D." to the staff of the _National Reformer_. This able and thoughtful writer came forward and joined our ranks as soon as he heard of the attack on us, and he further volunteered to conduct the journal during our imprisonment. From that time to this--a period of eight years--articles from his pen have appeared in our columns week by week, and during all that time not one solitary difficulty has arisen between editors and contributor. In public a trustworthy colleague, in private a warm and sincere friend, "D." has proved an unmixed benefit bestowed upon us by the prosecution.

Nor was "D." the only friend brought to us by our foes. I cannot ever think of that time without remembering that the prosecution brought me first into close intimacy with Mrs. Annie Parris--the wife of Mr. Touzeau Parris, the Secretary of the Defence Committee throughout all the fight-- a lady who, during that long struggle, and during the, for me, far worse struggle that succeeded it, over the custody of my daughter, proved to me the most loving and sisterly of friends. One or two other friendships which will, I hope, last my life, date from that same time of strife and anxiety.