This subject is most justly treated by one of the best poets in our language. Mr. Cowper, in the Task, says: The sum is this. If man's convenience, health, Or safety, interfere, his rights and claims Are paramount, and must extinguish theirs. Else they are all--the meanest things that are: He then proceeds in a most affecting and sublime appeal to our humanity and jus tice. I have not a sufficient recollection of it, and I will not destroy the effect of it by misrepeating it. The same subject is touched upon, in most eloquent prose, in the theological works of Mr. Jones, which were put into my hands the other day by my worthy and excellent friend at your table. [Here lord Erskine read an extract.] Mr. Young, of Trinity college Cambridge, has also and powers, and instincts, are admirably | part of their natures; but whilst they are and wonderfully constructed for his use. consistent, I say their rights, subservient If, in the examination of these qualities, as they are, ought to be as sacred as our powers, and instincts, we could discover own. And although certainly, my lords, nothing else but that admirable and won- there can be no law for man in that rederful construction for man's assistance; spect, but such as he makes for himself, if we found no organs in the animals for yet I cannot conceive any thing more their own gratification and happiness; no sublime, or interesting, more grateful to sensibility to pain or pleasure; no grate- heaven, or more beneficial to the world, ful sense of kindness, nor suffering from than to see such a spontaneous restraint neglect or injury; no senses analogous, imposed by man upon himself. though inferior to our own: if we discovered, in short, nothing but mere animated matter, obviously and exclusively subservient to human purposes, it would be difficult to maintain that the dominion over them was a trust; in any other sense at least than to make the best use for ourselves of the property in them which Providence had given us. But, my lords, it calls for no deep or extended skill in natural history to know that the very reverse of this is the case, and that God is the benevolent and impartial author of all that he has created. For every animal which comes in contact with man, and whose powers, and qualities, and instincts, are obviously constructed for his use, nature has taken the same care to provide, and as carefully and bountifully as for man himself, organs and feelings for its own enjoy-published an excellent treatise on the subment and happiness. Almost every sense bestowed upon man is equally bestowed upon them; seeing, hearing, feeling, thinking; the sense of pain and pleasure; the passions of love and anger; sensibility to kindness, and pangs from unkindness and neglect, are inseparable characteristics of their natures as much as of our own. Add to this, my lords, that the justest and tenderest consideration of this benevolent system of nature is not only consistent with the fullest dominion of man over the lower world, but establishes and improves it. In this, as in every thing else, the whole moral system is inculcated by the pursuit of our own happiness. In this, as in all other things, our duties and our interests are inseparable. I defy any man to point out any one abuse of a brute which is property, by its owner, which is not directly against his own interest. Is it possible then, my lords, to contemplate this wonderful arrangement, and to doubt for a single moment that our dominion over animals is a trust? They are created indeed for our use, but not for our abuse. Their freedom and enjoyments, when they cease to be consistent with our just dominion and enjoyments, can be no ject; and many of the most worthy and respectable of the clergy have done honour to their sacred functions, by impressing upon their congregations the divine commands, as it regards this important duty. Every other branch of our duties, when subject to frequent violation, has been recognized and inculcated by our laws; and the breaches of them repressed by punishments. And why not in this, where our duties are so important, so universally extended, and the breaches of them so frequent and so abominable?-But in what I am proposing to your lordships, disinterested virtue, as in all other cases, will have its own certain reward. The humanity you shall extend to the lower creation will come abundantly round in its consequences to the whole human race. The moral sense which this law will awaken and inculcate, cannot but have a most powerful effect upon our feelings and sympathies for one another. The violences and outrages committed by the lower orders of the people are offences more owing to want of thought and reflection, than to any malignant principle, and whatever, therefore, sets them a thinking upon the duties of humanity, more espe cially where they have no rivalries nor resentments, and where there is a peculiar generosity in forbearance and compassion, has an evident tendency to soften their natures, and to moderate their passions in their dealings with one another.-The ef fect of laws which promulgate a sound moral principle is incalculable; I have traced it in a thousand instances, and it is impossible to describe its value. My lords, it was in consequence of these simple views, and on those indisputable principles, that I have framed the preamble of the very short bill which I now present for a second reading to the house. I might, without preamble or preface, have proposed at once to enact, if not to declare, wilful and wanton cruelty to the animals comprehended in it to be a misdemeanor, looking as I now do to the Commons, to enforce the sanction of the law by pecuniary penalties. But then the grand efficacious principle would have been obscured; which, if fortunately adopted by your lordships, will enact this law as a spontaneous rule in the mind of every man who reads it-which will make every human bosom a sanctuary against crueltywhich will extend the influence of a British statute beyond even the vast bounds of British jurisdiction, and consecrate, perhaps, in all nations, and in all ages, that just and eternal principle which binds the whole living world in one harmonious chain, under the dominion of enlightened man, the lord and governor of all. I will now read to your lordships the preamble as I have framed it: Whereas it has pleased Almighty God to subdue to the dominion, use, and comfort of man, the strength and faculties of many useful animals, and to provide others for his food; and whereas the abuse of that dominion by cruel and oppressive treatment of such animals, is not only highly unjust and immoral, but most pernicious in its example, having an evident tendency to harden the heart against the natural feelings of hu manity.' This preamble may be objected to as too solemn and unusual in its language; but it must be recollected that the subject of the bill is most peculiar and unusual; and it being impossible to give practicable effect to the principle in its full extent, it became the more necessary, in creating a duty of imperfect obligation where legal restraints would be inefficacious or impossible, to employ language calculated to make the deepest impression upon the human mind, so as to produce, perhaps, more than the effect of law, where the ordinary sanctions of law were wanting. It may be now asked, my lords, why, if the principle of the bill be justly unfolded by this preamble, the enacting part falls so very short of protecting the whole animal world, or at all events those parts of it which come within the reach of man, and which may be subject to abuse. To that I answer-It does protect them to a certain degree, by the very principle which I have been submitting to your consideration, and to protect them further, would be found to be attended with insurmountable difficulties, and the whole bill might be wrecked by an impracticable effort to extend it. But I shall be happy to follow others in the attempt. The bill, however, as it regards all animals, creates a duty of imperfect obligation, and your lordships are very well aware that there are very many and most manifest and important moral duties, the breaches of which human laws cannot practically deal with, and this I fear will be found to be the case in the subject now under consideration. Animals living in a state of nature would soon over-run the earth, and eat up and consume all the sustenance of man, if not kept down by the ordinary pursuits and destruction of them, by the only means in which they can be kept down and destroyed; and it is remarkable that other animals have been formed by nature, with most manifest instincts to assist us in this necessary exercise of dominion; and indeed, without the act of man, these animals would themselves prey upon one another, and thus be visited by death, the inevitable lot of all created things, in more painful and frightful shapes. They have, besides, no knowledge of the future, and their end, when appropriated fitly for our food, is without prolonged suffering. This economy of providence, as it regards animals, which from age to age have lived in an unreclaimed state, devoted to the use of man and of each other, may serve to reconcile the mind to that mysterious state of things in the present fallen and imperfect condition of the world.--This state of wild animals is further strikingly illustrated by the view of such of them as have been spared from the humane huntsman, or the mere numerous tribes of animals of prey. They are swept away by the elements in hard winters, retiring, as most of them do, to a solitary, protracted, and painful death.-Old age, my lords, amongst men, is but a rare blessing; even and it was laudable on that account, was, to put an end to sports which led away the servants and labourers of manufacture and amongst such brutes, perhaps never. Old age can only be supported in comfort by that aid and tenderness from others, arising from the consciousness of those ties of na-husbandry from the service of their masture, which it has not pleased the divine ters.--The attack upon bull-baiting comprovidence to dispense to the lower world, ing in this questionable shape, was debut which, as the greatest of all blessings, fended as politic by talents capable of deit has communicated to man. When the fending any thing; but talents (I am ready brutes have fulfilled their duties to their to admit) possessed by a person of as huyoung, for their protection, they know mane and feeling a mind as ever distinthem no more, and die of old age, or cold, guished any man-a man, besides, of a or hunger, in view of one another, without most beautiful genius, and whom I have sympathy, or mutual assistance, or com- always esteemed and honoured (Mr. Windfort. It is the same to a certain extent ham). The truth is, my lords, that the with regard to those reclaimed animals matter was never fairly presented to his devoted to man's use for food, whose facul- heart, and his intellect had got a wrong ties, as far as our observation is capable of bias upon the subject. I shall not, howa just comparison, approach nearer to hu- ever, come in contact with my excellent man reason. The old age even of such friend in his different view of this subject. animals, for the reasons adverted to, would This Bill says not a word about bull-baitseldom be satisfactory. When they pass, ing. I only include a bull in my catatherefore, from life to death, in a manner logue of protected animals. They, therewhich gives them no foretaste of their fore, who support the practice, may still doom, and consequently no sense of pain support it successfully, if they can conor sorrow in the road to it, the ways of vince a court and jury, and the other maGod are justified to man. gistracies of their countrymen, that it does not fall within the description of wilful and wanton cruelty; and if that shall be the general feeling of courts and magistrates on the subject, the practice will cease to be supported. The Bill, therefore, as it regards wild animals, could not easily have been framed for practicable operation, except by sanctioning, as it does, the principle of the preamble, which will, I trust, insensibly extend its influence to the protection As to the tendency of barbarous sports of every thing that has life; by bringing of any kind or description whatsoever, to habitually into the view of the mind the nourish the national characteristic of manduties of imperfect obligation which it in-liness and courage, the only shadow of culcates; and with regard to animals bred by man, or reclaimed for food, it will directly protect them against the cruelties which are generally committed on them, viz. the unmercifully driving them and beating them on their passage to fairs and markets, and against unnecessary sufferings in the hour of death. argument I ever heard upon such occasions, all I can say is this: that from the mercenary battles of the lowest of beasts (viz. human boxers), up to those of the highest and noblest that are tormented by man for his degrading pastime, I enter this public protest against it. I never knew a inan remarkable for heroic bravery, whose Before I leave this part of the subject, very aspect was not lighted up by gentleI think it right to advert to the practice of ness and humanity; nor a kill him nor eatBull-Baiting. I did not intend to have him countenance that did not cover the touched on it, but as I find that some heart of a bully or a poltroon.-As to who support the principle of this bill, feel other reclaimed animals which are not dea difficulty as it regards this practice, it voted to our use as food, but which are becomes necessary to consider how it will most wonderfully organized to assist man be affected by its operation. A bill was in the cultivation of the earth, and by their brought into the house of commons, whilst superior activity and strength to lessen his I had the honour of a seat there, to repress labour, in the whole circle of his conthis practice, but not upon the true prin- cerns, different protections become necesciple. The framers of it were, I am per-sary, and they are also provided for by the suaded, actuated by motives of humanity; but they mixed with it very laudable objects of human policy, which rather obscured the principle of protection to the animals. One great object of the bill, bill, and without the loss or abridgment of any one right of property in such animals. On the contrary, all its provisions protect them, as property, from the abuses of those to whose care and government their owne ers are obliged to commit them. They also reach the owners themselves, if, from an inordinate desire of gain, or other selfish consideration, they abuse the animals, their property in which is limited to the use. It would be wasting your lordships' time if I were to enumerate the probable cases which this part of the bill will comprehend. It is well observed by an Italian philosopher, "that no man desires to hear what he has already seen." Your lordships cannot have walked the streets, or travelled on the roads, without being perfectly masters of this part of the subject. You cannot but have been almost daily witnesses to most disgusting cruelties practised upon beasts of carriage and burthen, by the violence and brutality of their drivers. To distinguish such brutality and criminal violence, from severe, but sometimes necessary discipline, may at first view appear difficult, and on that account a serious objection to the bill; but when I come to that part of the subject, I pledge myself to shew that it involves no difficulty whatsoever. But there are other abuses far more frequent and important, which will require a more particular consideration. For one act of cruelty in servants, there are an hundred in the owners of beasts of labour and burthen, sometimes committed by the owners alone, from a scandalous desire of gain, and sometimes in a most unworthy partnership with their superiors, who are equally guilty, with no gain at all, nor for any motive that it would not be disgraceful to acknowledge. I allude, my lords, to our unhappy posthorses. It is not my wish, my lords, to be a fanciful reformer of the world, nor to exact that the manners and customs of a highly civilized nation, should be brought to the standard of simplicity and virtue, if indeed such a standard ever existed upon earth. I do not seek to appoint inspectors to examine the books of inn-keepers, so as to punish any excess in the numbers of their stages, as you do an excess of outside passengers on the roofs of coaches. I know there are very many cases (which could not be brought strictly within the scope of necessities) where these poor animals must grievously suffer, yet where no law can properly reach to protect them. The demands, though not imminent, of human health, and even of convenience; the occasional exigencies of commerce; the exercise of franchises, and many other cases which must occur to every body, would furnish obvious exceptions without VOL. XIV. violation of the principle, and which every court and magistrate would know how to distinguish. But the bill, if properly executed, would expose inn-keepers to a reasonable punishment, who will palpably devote an innocent animal to extreme misery, if not to death itself, by a manifest and outrageous excess of labour, rather than disoblige a mere traveller, engaged in no extraordinary business, lest in future he should go to the inn opposite--when the law shall give a rule for both sides of the way, this most infamous competition will be at an end. For my own part, my lords, I can say with the greatest sincerity to your lordships, that nothing has ever excited in my mind greater disgust, than to observe what we all of us are obliged to see every day in our lives-horses panting-what do I say! literally dying under the scourge, when on looking into the chaises, we see them carrying to and from London men and women, to whom or to others it can be of no possible signification whether they arrive one day sooner or later, and sometimes indeed whether they ever arrive at all. More than half the post-horsesthat die from abuse in harness, are killed by people, who, but for the mischief I am complaining of, would fall into the class described by Mr. Sterne, of simple or harmless travellers, galloping over our roads for neither good nor evil, but to fill up the dreary blank in unoccupied life. I can see no reason why all such travellers should not endeavour to overcome the ennui of their lives without killing poor animals, more innocent and more useful than themselves. To speak gravely, my lords, I maintain that human idleness ought not to be permitted, by the laws of enlightened man, to tax for nothing, beyond the powers which God has given them, the animals which his benevolence has created for our assistance. But another abuse exists, not less frequent, and much more shocking, because committed under the deliberate calculation of intolerable avarice. I allude to the practice of buying up horses when past their strength, from old age or disease, upon the computation (I mean to speak literally) of how many days torture and oppression they are capable of living under, so as to return a profit with the addition of the flesh and skin, when brought to one of the numerous houses appropriated for the slaughter of horses. If this practice only extended to carrying on the fair work 20 abuse is the manifest overloading of carriages and animals of burden, particularly asses, and as far as this poor animal is unjustly considered an emblem of stupidity, the owners who thus oppress him are the greatest asses of the two. The same may be said of keeping animals without adequate food to support their strength, or even their existence; this frequently happens to beasts impounded for trespasses; I have had complaints of this abuse from all parts of the country. The notice to the owner is seldom served, and thus the the pound.—As far as an animal is considered merely as property, this may be all very well, and the owner must find him out at his peril, but when the animal is looked to, upon the principle of this bill, the impounder ought to feed him, and charge it to the owner as part of the damages. This horrid abuse, my lords, which appears at first view to be incapable of aggravation, is nevertheless most shock-poor innocent animal is left to starve in ingly aggravated when the period arrives at which one would think cruelty must necessarily cease, when exhausted nature is ready to bestow the deliverance of death. But even then, a new and most atrocious system of torture commences, of which, my lords, I could myself be a witness in your committee, as it was proved to my own perfect satisfaction, and that of my friend Mr. Jekyll, upon the information of a worthy magistrate, who called our attention to the abuse. But perhaps, my lords, I shall better describe it, as it will at the same time afford an additional proof of these hideous practices, and of their existence at this hour, by reading a letter which I received but two days ago, the facts of which I am ready to bring in proof before your lordships.-Here lord Erskine read an extract from a letter which stated, "A very general practice of buy ing up horses still alive, but not capable of being even further abused by any kind of labour. These horses, it appeared, were carried in great numbers to slaughterhouses, but not killed at once for their flesh and skins, but left without sustenance, and literally starved to death, that the market might be gradually fed. The poor animals, in the mean time, being reduced to eat their own dung, and frequently gnaw-periods, the exertions shall very far exceed ing one another's manes in the agonies of hunger." Can there be a doubt, my lords, that all such shocking practices should be considered and punished as misdemeanors? Here again it may be said that the bill, in this part of it, will invest magistrates with a novel and dangerous discretion. I am not yet arrived at that part of the case, though I am fast approaching it; when I do, I pledge myself without fear to maintain the contrary, to the satisfaction of every one of your lordships, more especially including the learned lords of the house. No less frequent and wicked an Only one other offence remains, which I think it necessary to advert to, which it is difficult sufficiently to expose and stigmatize, from the impudence with which it is every day committed, as if the perpetrators of this kind of wickedness were engaged in something extremely entertaining and innocent, if not meritorious; I allude to those extravagant betts for trying the strength and indurance of horses; not those animating races, properly so called, which the horse really enjoys, and which, though undoubtedly attended with collateral evils, has tended greatly to improve the breed of that noble and useful animal. The contests which I consider as wilful and wanton cruelty, are of a different kind; I maintain that no man, without being guilty of that great crime, can put it upon the uncertain and mercenary die, whether in races against time; no; not properly so called, but rather journeys of great distances within limited the ordinary power which nature has bestowed on the unhappy creature, thus wickedly and inhumanly perverted from the benevolent purposes of their existence. All the observations I have just been making to your lordships, undoubtedly ap ply to the maliciously tormenting any animal whatsoever, more especially animals which we have voluntarily reclaimed and domesticated; and yet I fairly own to your lordships, that as the Bill was originally drawn, and as it stood until a few days ago, it would not have reached many shameful and degrading practices. The truth is, that I was afraid to run too rapid |