The “Monstrous Regiment” of Womanhood (1907)

SuffrageLR
All parties, all sorts and conditions of politicians, from the fashionable and Conservative west-end philanthropist to the Radical working-men’s clubbite, seem (or seemed until lately) to have come to an unanimous conclusion on one point – to wit, that the female sex is grievously groaning under the weight of male oppression. Editors of newspapers, keen to scent out every drift of public fancy with the object of regaling their “constant readers” with what is tickling to their palates, will greedily print, in prominent positions and in large type letters expressive of the view in question, whilst they will boycott or, at best, publish in obscure corners any communication that ventures to criticise the popular theory or that adduces facts that tell against it. Were I to pen an impassioned diatribe, tending to prove the villainy of man towards woman, and painting in glowing terms the poor, weak victim of his despotism, my description would be received with sympathetic approval. Not so, I fear, my simple statement of the unvarnished truth.

Now, I think it will be admitted, as a general principle at least, by all parties in the present day, that equality before the law, as it is termed, is the first condition of liberty, and that where you have respect of persons in this connection, you are destitute of the primal elements of personal freedom. According to the popular theory just indicated, respecting the position of women, we might expect to find every law framed in such a way that women should invariably come off less than second best in any dispute with men: in short, that law would be enacted and administered solely to the advantage of men. Is this so in actual fact?

Let us first take our existing marriage laws. We shall find that in England whilst the woman is practically relieved of all responsibility for the maintenance of her husband, he can be compelled by poor law to maintain her under a penalty of three months’ hard labour for leaving her without provision, should she choose to apply to the parish. On anything that by latitude of interpretation can be deemed ill-usage or neglect, she can, if rich, obtain judicial separation with alimony from the divorce court, or, if poor, a magisterial order for separation with weekly maintenance from the police court. Jackson versus Jackson has decided that a wife can leave her husband at will, that he cannot raise a finger to compel her to remain with him or to come back, neither can she be imprisoned for contempt of court for refusing to obey an order for restitution of conjugal rights; in other words, it is decided that the contract of marriage is the single case of a contract which one of the contracting parties is at liberty to break without reason given, and without compensating the other party. But it is well to remember that it is only one of the parties that has this liberty, for Bunhill versus Bunhill gives the wife the right to follow an absconding husband and break into his house, if necessary, for the purpose of compelling cohabitation. He, on his part, is precluded by the decision in Weldon versus Weldon from obtaining restitution of conjugal rights even by way of action; he is liable, however, for his wife’s postnuptial torts, so that she has only to slander or libel some person without his knowledge or consent, and whilst she comes off scot free, even though possessed of property, the husband can be cast in damages. Trespass to land, trespass to goods, injuries done through negligence, all these actions coming under the legal definition of “torts,” render the husband liable, no matter what private wealth the wife may possess.

Now, let us take the single instance on the opposite side – the perennial grievance of the woman’s-righter which is deemed sufficient, apparently, to swallow up everything else. How often do we hear it said in tones of intense indignation, as conclusively proving the vile tyranny of man, that while the husband can obtain a divorce from his wife on the ground of adultery alone, the wife, in order to obtain such relief, has to prove an additional charge of cruelty. I think that there is no greater evidence of the bogus character of the sentiment talked on this question than the fact that this trumpery argument is the only one its votaries can adduce. Apart from the circumstance, well known to students of the Divorce Court, that it is the uniform practice of judges to twist every act of impoliteness or trivial ill-temper on the part of the husband into “legal cruelty,” the reason of the distinction must be obvious to any one not blinded by his or her prepossessions on the subject. I am certainly the last to advocate any binding on either side, and would gladly see divorce obtainable by the properly formulated demand of either party, but it is quite clear that under our present conditions of society with its bases of individual property-holding, whilst it would be grossly unfair to continue to enforce marital responsibility on a man for a woman whose offspring was of doubtful paternity, the grievance on the side of the woman against the man in case of adultery has no more than a sentimental significance: Even then, when the case becomes gross, as where a strange woman is introduced under the common roof, the wife can obtain relief on the elastic plea of technical or legal “cruelty.” One would think that if the bewailers of the pretended oppression of woman do not want to make themselves ridiculous, they would drop this preposterously “manufactured” grievance, since it is obvious that the distinction made in this case is entirely owing to the economical liabilities of the husband from which the wife has the good luck to be exempt. Looking at the matter all round, I think, then, no one can deny that the existing marriage laws are simply a “plant” to enable the woman to swindle and oppress the man. [1]

Turning now from the civil law to the criminal law, we find a similar – or even greater – disparity of treatment. From the beginning of the nineteenth century, of course, whilst flogging, the tread-mill, and other brutal forms of punishment have been retained for male offenders, they have been abolished for females, so that though a man may be subjected to torture and degradation for mere breaches of prison discipline, a woman is exempted from them for the most heinous crimes. As happened a few years ago in Ireland, a woman may torture her children to death and there is no outcry for the lash, yet surely if you do not flog the female child-torturer you have no right to flog any other human being. The sex-favouritism of modern penal law is made more conspicuous by the ever-recurring howl of the “base, bloody, and brutal” grand juror for the lash to be applied to new classes of offences (for men of course). But the most atrocious instances of sex-privilege occur in connection with the Criminal Law Amendment Act of 1885. Whilst the abduction of a girl under eighteen, or the seduction of one under sixteen, involves the man concerned in serious penalties, the girl or the woman gets off scot free, and this even though she may have been the inciting party. This is carried to the extent that a young boy of fourteen may be himself induced to commit a sexual offence by a girl just under sixteen – that is to say, nearly two years his senior – and he can be sentenced to imprisonment, followed by several years in a reformatory, whilst the law holds the inciting girl absolutely guiltless. The villainy of such an enactment is unparalleled, more particularly when one considers that a girl approaching sixteen is often practically a woman, whilst a boy of fourteen is seldom more than a child.

If we turn from the law itself to the administration of the law, we find, if anything, still more startling enormities. I do not propose to give many instances, or any, at length, inasmuch as my readers may find such galore by consulting any daily paper. I may, however, refer to a case tried a few months back in which a woman killed her husband by throwing a lighted paraffin lamp at him in the course of a quarrel. Will it be believed that this woman was – not convicted of murder and recommended to mercy, not even convicted of manslaughter – but acquitted in flying colours, because, forsooth, she whined and alleged in her defence that the act was done on the spur of the moment when she did not fully realise the inflammable nature of paraffin oil This was the flimsy rubbish that judge and jury complacently accepted from the mouth of a woman. Every one knows that, had the husband in a fit of exasperation suddenly forgotten the properties of paraffin, and had let the lamp fly at the head of some drunken virago of a spouse – every one knows how the judge would have pointed out how, according to the law of England, this was a clear case of wilful murder, how the jury’s verdict would have been in accordance with his summing-up, accompanied, perhaps, with a recommendation to mercy, which the Home Secretary would have “carefully considered,” announcing after a few days, that on a thorough review of the facts of the case he regretted “he saw no reason for interfering with the course of the law,” and how the wretched victim of sex-injustice would have been consigned to the tender mercies of the hangman, probably after having, like the witches of old, “admitted the justice of his sentence” – the unjustly condemned always do that! A similar case was heard on the 23rd of May 1894, at the Middlesex sessions. A woman who had stabbed her husband so that he was lying in a dangerous condition in the hospital was released on her own recognisances. Her excuse was that she was drunk at the time. The husband was condemned, however, to pay 5s. a week for her support, at which she grumbled, alleging that he could well afford £1 a week. A short time after she came back and again assaulted the husband. She was this time fined a trifling sum with the alternative of fourteen days’ imprisonment!

The case of the constable, Cooke, at Wormwood Scrubbs, may still be remembered by some of my readers. If ever there was a case of provocation reducing the crime of murder to one of excusable homicide, surely this was one, and the jury, who convicted Cooke of murder on the technical point of law, showed that they thought so, by the rider to their verdict. But Cooke, having the misfortune to be born a man, is, in spite of the recommendation, promptly hanged by Mr. Asquith. A still more recent case is that of the young workman, Walter Smith, at Nottingham, whom Mr. Asquith similarly hanged, in this case, even in the teeth of local public opinion, with the moral certainty that the shooting was, if not a pure accident, as some thought, the act of an insane person. Take again, the infamous trial of Mr. Noel of Ramsgate. Here was a man, who, without a tittle of evidence, was kept in gaol with a capital charge hanging over him for weeks. Yet so far was local public opinion from showing any sympathy for the unfortunate victim that this rabble of small shop-keepers and lodging-letters thought it necessary to reward the agent who had worked up the charge against him. with the public presentation of a purse of sixty guineas. Take, again, the case of Hogg of Hampstead. This man, it is well known, after the police had done their best to connect him with the charge in the Piercey murder, was able to prove so conclusive an alibi that his impeachment could not even be entertained. Yet, in spite of this, public opinion of the baser sort was not to be baulked of its prey, and on the date of his late wife’s funeral, Hogg narrowly escaped being lynched at the hands of a mob. For what? For having had the misfortune to be the husband of Mrs. Hogg, who had been murdered by some one else – and that a woman. Given the case of a woman found murdered, the method of policemen on the look-out for promotion is to fix upon some wretched man who has known the woman (anyone will do). This is called a “clue.” The finger is pointed at this man and public opinion thus worked up into the requisite state with regard to him. The manufacture of “circumstantial” evidence is then easy. Say the woman had been murdered with a knife. A carving knife is found in the back kitchen of the murderer designate! a circumstance scarcely compatible with innocence! Say the woman has been shot. The bullet found in the deceased fits the bore of a revolver known to be in the possession of the murderer as by Treasury fixed upon. (N.B. – The fact that two million of this sized revolver bullet are turned out annually makes no difference.) Conclusive evidence of guilt!!! Is she poisoned? Some supposed lover of hers, or her sister’s, or her cousin’s is proved to have an empty bottle of vermin-killer in the recesses of his scullery cupboard. – Evidence which no jury under the sway of current sentiment could resist.

Mr. Noel of Ramsgate was kept in durance and brought up before the bench to make a seaside holiday week by week, on not even as much evidence as this. James Canham Read was condemned and hanged on admittedly perjured evidence (for which, of course, the Treasury never dreamt of prosecuting), and on that of three mutually self-contradictory witnesses. The very attitude of public opinion towards a man accused of the murder of a woman is significant. If he is confident, it is said he is trying to brazen it out. If he is despondent, it is conclusive proof of a sense of guilt. One would like to know what manner a man, charged with the murder of a woman, ought to assume in order to set himself right with public opinion.

It only requires any one to read his newspaper carefully to see that if the law is designed with the object of favouring women, the administration of the law is worked ten times more to this end. I need only allude to breach of promise cases. Here the woman is allowed to plunder the man at her will as a punishment for a refusal to wreck his own life, and possibly her: as well, in a marriage which he feels would be unhappy. This is a scandal which has been often enough discussed, but which, nevertheless, chiefly affects the well-to-do classes. But the instances already given show the grossest and most flagrant inequality before the law, not in civil but in criminal accusations. Can any one deny that in all cases where a man has been instrumental in causing the death of a woman, the coroner, the magistrate, the judge, the jury will do their utmost to twist and wrench the act into a murder charge? But when a woman has been instrumental in causing the death of a man, in how many cases will a verdict of “wilful murder” be returned? One requires only to read one’s paper with a critical and unbiased mind in this respect, and one can only come to one conclusion – that there is a steady, unconscious sex-prejudice at work in public opinion against the man because he is man and in favour of the woman because she is woman.

Woe betide the luckless husband or paramour of a woman who has come to a violent end. As in the cases quoted of Noel at Ramsgate and Hogg at Hampstead, a perfect blood-lust infects the public mind. A bestial sentimentalism, which flings aside every consideration of common justice, seems to spread over the whole community. Contrast this with the sentiment evoked by the sweet female poisoner – Mrs. Maybrick, for instance, and others that I must not name, because, having only poisoned men, they have, of course, been acquitted. For the tender-hearted British small middle-class juryman, above all things, holds “Womanhood” in honour, even where associated with homicidal proclivities.

Compare the case of the excitement and adjournment of Parliament over Miss Cass some years ago, who was said to have been wrongfully arrested for solicitation, with the perfect equanimity with which arbitrary police arrests of men in the street nightly take place without attracting notice. The difference in the value put upon the life and liberty of the sexes by public sentiment is sometimes not without a grim humour. About a year ago a paragraph went the round of the papers headed Cannibalism on the Niger. It stated that a recrudescence of cannibalism had shown itself in the Niger territory, narrated how a man had been killed and eaten in spite of the protests of European residents, but that no steps to punish the delinquents were taken. A few days afterwards, it went on to say, a woman was killed and eaten, and this time, we were told, “the authorities felt bound to interfere.” Accordingly the two negroes concerned were seized and promptly hanged. Now I contend that however much the Western European may have become convinced of the superior sanctity of the female over the male sex, it is unfair to allow this dogma to play a part in administering justice to negroes who know nothing whatever about it. The poor ignorant negro, who finds that the killing and eating of a man evokes a simple remonstrance and knows nothing of the deification of womanhood, naturally thinks that what is sauce for the gander is sauce for the goose, and kills and eats accordingly. And surely before you hang him, you ought to give him instruction in the new cultus.

The way in which public opinion is hocused over the whole question is significant. As already stated, the ear of the average man is open on the one side and deaf on the other, and as a consequence the newspapers are open on the one side only. Hence out of twenty cases, civil or criminal, into which the sex question enters, nineteen of which will probably represent flagrant injustice to men, and flagrant partiality to women, but the twentieth may have the semblance of pressing a little hardly on the woman – out of these twenty cases, while the nineteen will be passed by without remark, the twentieth, the exception, will be seized upon with a hawk-like grip, trumpeted forth in every paper, exaggerated and commented upon in every key of indignation as illustrating the habitual tyranny of vile truculent man towards downtrodden woman and the calculated injustice of the courts to women. That’s the way the “trick” is done, and public opinion artificially and sedulously kept in its present course.

It can hardly have failed to be observed by everyone, how vast a difference exists between the energy with which any injustice to men is protested against as compared with a corresponding injustice to women, and a still greater difference in the results of the protest. Injustice towards men is perhaps protested against but in nine cases out of ten the protest is tame and remains barren, but a protest against any assumed harshness in the case of women, however trifling, is invariably and immediately effective. Again, a wrong which touches both sexes, let us say, is protested against. It is remedied as far as women are concerned and the protest dies out, even though men may suffer more than before from it. As an instance of this, take the outcry anent the flogging of women in Russia, and the protect raised by a meeting in Hyde Park, not against the general ill-treatment of Russian political prisoners, not against flogging, altogether, but a protest embodied in a resolution taking women out of the category of common humanity, and exclusively denouncing cruelties exercised towards female prisoners, thereby implicitly countenancing such cruelties when perpetrated on men. The “advanced” women present on the occasion referred to, to their shame be it said, did not insist on making the resolution apply to both sexes. And these are the persons who are so eloquent on the subject of “equality.” Again, take Mr. Labouchere. Mr. Labouchere made it his business in Truth to hunt up every obscure case of girl-flogging in the country, and to trumpet it forth in his journal as though it were a crime compared to which common murder were a venial affair. But now, had Mr. Labouchere one word for the brutal floggings of boys, not by private individuals, but in national institutions, such as reformatories and training ships? Not one. What he expressly denounced was not flogging, but girl-flogging.

Again British public opinion is dissolved with indignation at the notion of the solitary woman being taken liberties with in a railway carriage, and demands the heaviest punishment for the offender. But what has either the law or public opinion to say to the female blackmailer? She for years plied her trade on the Metropolitan Railway unmolested by the police. She is never prosecuted, and the law gives her every facility for bringing false charges whilst public opinion treats the matter as a joke, or as of no importance. The late judge Baron Huddleston stated that in his opinion men stood in much greater need of protection against women than women against men. [2]

I think on a survey of the facts given, every unbiased person must admit that women, so far from being oppressed, are steeped up to the teeth in sex-prerogative. In short, if their position is called one of oppression, I can only say that this new-fashioned oppression is to me absolutely indistinguishable from old-fashioned privilege! But if this be so we have to ask ourselves the reasons given for some of these privileges, at least. A considerable section of them are undoubtedly based on the traditional “weakness” of women, as compared with men. Now as regards this point, I would suggest that though women are unquestionably as a rule, weaker muscularly than men, yet there are circumstances under which, for practical purposes, the strongest man is as helpless as the weakest woman. In an age when disputes were generally determined by individual prowess, this argument may have had some point. But I submit that in the hands of the law, the policeman, the gaoler or the hangman, the relative difference of muscle between the sexes has absolutely no significance whatever. The strong man about to be flogged or hanged, even though a Samson, is in no better case than the weakest girl. Again, the invention of fire-arms has, on another side, obliterated the importance of the difference in muscular strength between the two sexes. A weak woman armed with a revolver can hold a Hercules well in check.

This point of the muscular inferiority of women to men is often confounded with another point in reality quite distinct – that of constitutional vigour. Now, although as already stated, women are undoubtedly, as a rule, inferior in muscular strength to men, the opposite is true as regards their vitality and physical endurance, although popular opinion credits them with a greater weakness here also. It is well known to the medical profession that a woman can pass through a physical strain and recover herself in a manner and to an extent that no man can. I do not propose dwelling on this point, as it is generally admitted by all medical authorities and has been often enough conceded by opponents in this very controversy. It is illustrated by the excess of the adult female over the adult male population in this country (about a million) notwithstanding that male births are considerably in excess of female. In addition to this, Lombroso and other competent authorities have recently discovered that the nerve-sensibility of women, and hence their susceptibility to pain, is much less than that of men. This being the state of the case, I maintain that any argument based on the “weakness of women” in favour of a different treatment of women to that accorded to men falls completely to the ground. Women, at the present day, so far as their “weakness” is concerned, have exactly the same claim to considerate treatment at the hands of the law and of public opinion, as men have, neither more nor less.

I may as well take the opportunity of dealing with an objection which is almost sure to crop up as regards favouritism to women in the matter of criminal punishment. It is undeniable that imprisonment for women means a very different thing from what it does for men – its sting being for them completely taken out. So true is this that women prisoners have only got to make a firm stand against any regulation to get it altered. A little while ago fifty women refused to carry out an order made by the Governor of Wormwood Scrubbs for bringing coke into the laundry. If men had refused to obey any regulation they would most probably have got the lash till they yielded. But what was the lot of these women. The Governor at once politely cancelled his regulation and “order was restored”!! Such is the farce of penal discipline in the case of women. Now, in any demand that may be made for equality in this matter, I am met by this argument – “Are you not in favour of abolishing all forms of brutal punishment?” I say yes, in common with most Socialists and Democrats, I am in favour of all forms of corporal and of capital punishment whatsoever being abolished and of reducing imprisonment to simple reclusion. It is then argued: – “But surely the abolition of these things in the case of women is better than nothing”; it is at least a step. My answer is that in the first place it is not a step, but generally a shirking of the whole question. And further I reply by putting another case. Supposing that it were proposed for certain forms of punishment to be abolished for persons possessing incomes over £300 a year, but retained for all whose incomes fell below that figure. Precisely the same argument might be applied. “It is better than nothing!” – “it is a step.” Yet, you know that all with one consent would protest that if (say) capital punishment is to be retained at all, it would be monstrous to let a murderer off because he possessed over £300 a year and hang another who had been working on £50 a year. All would say this and properly so, however strong might be their opposition to capital punishment in itself. The protest would be in the name of equality before the law. Now this is precisely my case. In both instances you are punishing the criminal for what he cannot help and not for his crime. Every increment of penalty you inflict upon a man over and above what you inflict upon a woman for the same or an equal crime, I maintain is a legal infamy. It is a punishment not for the offence but for the crime of haying been born male.

Now let us take the other side of this woman question. Let us consider the alleged disabilities of women. I have already disposed of one of the alleged injustices to women in discussing the marriage laws; it is, therefore, not necessary to allude to it here. First and foremost, then, comes the question of the franchise. The Woman’s Rights advocate is, of course, ever shrieking over the fact that the female sex has not got the suffrage. On the monstrous iniquity of this, she will expatiate in press or on platform by the column or by the hour. (She ignores the fact that a legally privileged body – the Royal Family for example – commonly does not possess the suffrage and yet is not counted “oppressed.”) Now let it be granted as an abstract proposition that women ought to have the suffrage and that the vote is a necessary condition of equality between the sexes. Conceding this, for argument’s sake, I contend that, as far as the rights of women are concerned, (1) the want of the suffrage is altogether unimportant, and (2) the granting of the suffrage immediately and without conditions could not possibly accord with the principle of equality between the sexes. As to the first point, when you find that every law relating to sex-questions and specially touching women is constructed with a view to giving women prerogatives as against men, as has been the case with the recent laws respecting marriage, and other matters, and when you find that the administration is even more partial to women than the laws themselves, I think one may fairly say that the case for women having direct control over legislation and administration is, even from the point of view of women’s rights, not a pressing one. I think it will be admitted that supposing per impossibile that parsons and landlords invariably administered the law, not in the interests of their own class but of the agricultural labourer – I say, I think if this were so – the case for appointing working-men justices, though theoretically as strong as before, would at least lose much of the urgency that it has now. Yet so it is with the legislators and administrators of law, as far as women are concerned. In this country, in North America and in the British colonies, at least, men make and administer laws not in favour of their own but of the other sex.

Let us turn to the second point, that the immediate and unconditional granting of the suffrage to women would be incompatible with equality between the sexes and give rise to a sex-tyranny exercised by women upon men, not, it is true, directly, but through and by means of men themselves. Such would be the case for the following reasons. Firstly, there is the question of population. I assume, of course, universal suffrage, for both sexes, which is the only principle worth discussing in this, connection. The population of women exceeds that of men in these and most other countries – very considerably indeed in Great Britain. Now, the result of this on the basis of Universal Adult Suffrage, if conceded directly and unconditionally, is obvious. We should simply have the complete domination of the female vote. This would be moreover reinforced by, at the very least, a large minority of the male vote. For it is important to bear in mind, that whilst chivalry, gallantry, etc., forbids men to side against women [3], it is a point of honour amongst female upholders of woman’s rights that they shall back up their own sex, right or wrong. Universal female suffrage, therefore, under present conditions, might easily come to mean the despotism of one sex.

But it is sometimes alleged that the great bulk of women would not vote solid with their sex, inasmuch as they are not “political women.” In reply to this I have only to point to the case of Wyoming and other places in America, where, as I am informed, every public office is filled by a woman, except, mark you, that of police constable, and where a man can perform no legal act without the consent of his wife, as also more recently in New Zealand. Again it is alleged that just as men on juries judge women leniently, so women on juries would judge men leniently, more especially, it is said, as the quality of mercy is stronger in women than in men. I can only answer that this also is not confirmed by experience. In the case of Wyoming the verdicts brought by the female juries against male offenders have been often of so vindictive a ferocity as to have amounted to a public scandal.

Once more, it is alleged that with the removal of the so-called disabilities under which women at present labour i.e., the lack of the franchise, the closing of one or two of the professions, etc. – the prerogatives, the chivalry now accorded to and claimed for women, would disappear, leaving the sexes really equal before the law. I again answer that experience does not lend colour to this forecast. For it would almost seem that, in exact proportion to the removal of any real grievances that may once have existed, has the number of female privileges increased. At the present day, women have infinitely more advantages as against men than at the beginning of the nineteenth century, let us say, when they were suffering under one or two genuine disabilities (e.g., the laws regarding the earnings of the married woman now long since repealed). Then, before a law-court, a man-party in a suit had at least some chance of fair play against a woman opponent. It is not so now. Then, a female criminal had not, as now, any assurance of practical immunity from the severities of the penal law.

The other chief grievance in addition to the want of the suffrage is that some of the professions are closed to women. I ask, “What profession?” In the United States no trade or profession whatever, that I am aware of, is closed to women as such. In this country the medical profession, the one most sought after by women, is open, and, as far as I know, the law and the church are the only important callings, at all likely to be adopted by women, that are closed to them. And why is this so? Simply, because there has been no movement on the part of women for opening them. The moment women begin to agitate for admission to the legal profession. there is not the least doubt whatsoever that they will obtain it within a year or two. At all events this terrible hardship sinks down to the fact that one or two callings are legally closed. Moreover, as a set-off even against this, you have the enormous reputation, literary and otherwise, which a woman can acquire with slender means. The ability and industry utterly insufficient to raise a man out of the level of mediocrity is often adequate to furnish a woman with a name and fame equal to an income for life. I do not wish to mention individuals, but some instances will probably occur to many of my readers.

Such is the present state of the woman question – a steady determination on the part of public opinion to believe that women are oppressed – a steady determination on the part of women to pose as victims – in the teeth of facts of every description showing the contrary; a further determination to heap upon them privilege on the top of privilege at the expense of men under the impudent pretence of “equality between the sexes.” The grievances that women labour under as women resolve themselves into three the fact (1) that the wife has to prove technical cruelty in addition to adultery on the part of her husband (a very easy thing to do) in order to obtain a divorce; (2) that women have not as yet the parliamentary franchise (although without it they succeed in getting nearly every law framed and administered in their favour), and (3) that one or two callings are closed to them (albeit in most branches of intellectual work it is far easier for them to make a profitable reputation with moderate ability than for men). These are the three main grievances existing in this country at present and usually quoted to show the burdens under which divine Womanhood (with a big W) is groaning. Is it too much to ask my readers for ever to clear their minds of cant on the matter and to honestly say whether these disabilities, such as they are, counterbalance the enormous prerogatives which women otherwise possess on all hands. Defend these prerogatives if you will, but do not deny that they exist and pretend that the possessors of them are oppressed. [4]

The foregoing, then, I repeat, is the present state of the woman question – as it exists in our latter-day class society, based on capitalistic production. The last point that we have to consider is as to the relation of this sex-question to Socialism. Some years ago, on its first appearance, I took up, my esteemed friend August Bebel’s book Die Frau in the hope of gaining some valuable hints or at least some interesting speculations on the probable future of sex-relations under Socialism. I was considerably disgusted, therefore, that for the “halfpennyworth of bread” in the form of real suggestion I had to wade through a painfully considerable quantity of very old “sack” in the shape of stale declamation on the intrinsic perfection of woman and the utter vileness of man, on the horrible oppression the divine creature suffered at the hands of her tyrant and ogre – in short, I found two-thirds of the book filled up with a second-hand hash-up of Mill’s Subjection of Women and with the usual demagogic rant I had been long accustomed to from the ordinary bourgeois woman’s-rights advocate. It was the reading of the book in question that induced me to take up this problem, and to make some attempt to prick the bladder of humbug to which I was sorry to see that Bebel had lent his name.

In doing this I of course acquired the reputation of a misogynist. This is the natural fate of any one who attempts to expose that most shamelessly impudent fraud (the so-called woman’s-rights movement) which was ever supported by rotten arguments, unblushing misrepresentations, and false analogies. I have given some instances of the former in the course of this chapter. I will give one instance of a transparently false analogy which is common among Socialists and Radicals. It is a favourite device to treat the relation between man and woman as on all fours with the relation between capitalist and workman. But a moment’s consideration will show that there is no parallel at all between the two cases. The reason on which we as Socialists base our persistent attack on the class-privileged man or woman – on the capitalist – is because we maintain that as an economical, political, and social entity he or she has no right to exist. We say that the capitalist is a mere parasite, who ought to and who eventually will disappear. If it were not so, if the capitalist were a necessary and permanent factor in society, the attitude often adopted by Socialists (say, over trade disputes) would be as unfair and one-sided as the bourgeois represents it to be. Now, I wish to point out that the first thing for the woman’s-rights advocates to do, if they want to make good the analogy, is to declare openly for the abolition of the male sex. For until they do this, there is not one tittle of resemblance between the two cases. It is further forgotten that the distinction between men and women as to intellectual and moral capacity is radically different from that between classes. The one is a difference based on organic structure; the other on economic circumstance, educational advantage and social convention. That such a flimsy analogy as the above should ever have passed muster shows that the blind infatuation of public opinion on this question extends even to some Socialists.

It will be observed that I have not discussed the question of the intellectual and moral superiority, equality, or inferiority of women to men. I am content to concede this point for the sake of argument and take the plainer issue. What does Socialism, at least, profess to demand and to involve? Relative economic and social equality between the sexes. What does the woman’s-rights movement demand? Female privilege, and when possible, female domination. It asks that women shall have all the rights of men with privileges thrown in (but no disagreeable duties, oh dear no!), and apparently be subject to no discipline but that of their own arbitrary wills. To exclude women on the ground of incapacity from any honourable, lucrative, or agreeable social function whatever, is a hideous injustice to be fulminated against from platform and in press – to treat them on the same footing as men in the matter of subordination to organised control or discipline is not to be thought of – is ungentlemanly ungallant, unchivalrous! We had an illustration of this recently. At a meeting held not long since, the chairman declared that all interrupters of speakers should be promptly put out. A man at the back of the hall did interrupt a speaker and was summarily ejected, Subsequently a woman not only interrupted, but grossly insulted another speaker, but the chairman declared that he could not turn a woman out. So it is. A woman is to be allowed, of course, full liberty of being present and of speaking at a public meeting, but is not to be subject to any of the regulation to which men are subject for the maintenance of order. And this is what woman’s-rights advocates and apparently some Socialists term equality between the sexes!! Advanced women and their male supporters in demanding all that is lucrative, honourable, and agreeable in the position of men take their stand on the dogma of sex-equality. No sooner, however, is the question one of disagreeable duties than “equality” goes by the board and they slink behind the old sex-immunity.

This sentiment also plays a part in the franchise controversy. Let women have the franchise by all means, provided two things, first of all: provided you can get rid of their present practical immunity from the operation of the criminal law for all offences committed against men and of the gallantry and shoddy chivalry that now hedges a woman in all relations of life [5]; and secondly, provided you can obviate the unfairness arising from the excess of women over men in the population – an excess attributable not only to the superior constitutional strength of women, but still more, perhaps, to the fact that men are exposed to dangers in their daily work from which women benefit, but from which women are exempt, inasmuch as they are, and claim to be, jealously protected from all perilous and unhealthy occupations. Now, surely it is rather rough to punish men for their services to society by placing them under the thumb of a female majority which exists largely because of these services.

Of course all the economic side of the question which for this very reason I have touched upon more or less lightly falls away under Socialism. Many Socialists, indeed, believe that the sex-question altogether is so entirely bound up with the economic question that it will immediately solve itself on the establishment of a collectivist order of society. I can only say that I do not myself share this belief. It would seem there is something in the sex-question, notably, the love of power and control involved, which is more than merely economic. I hold rather, on the contrary, that the class-struggle to-day over-shadows or dwarfs the importance of this sex-question, and that though in some aspects it will undoubtedly disappear, in others it may very possibly become more burning after the class-struggle has passed away than it is now. Speaking personally, I am firmly convinced that it will be the first question that a Socialist society will have to solve, once it has acquired a firm economic basis and the danger of reaction has sensibly diminished or disappeared.

Nowadays any one who protests against injustice to men in the interests of women is either abused as an unfeeling brute or sneered at as a crank. Perhaps in that day of a future society, my protest may be unearthed by some enterprising archaeological inquirer, and used as evidence that the question was already burning at the end of the nineteenth century. Now, this would certainly not be quite true, since I am well aware that most are either hostile or indifferent to the views set forth here on this question. In conclusion, I may say that I do not flatter myself that I am going to convert many of my readers from their darling belief in “woman the victim.” I know their will is in question here, that they have made up their minds to hold one view and one only, through thick and thin, and hence that in the teeth of all the canons of evidence they would employ in other matters, most of them will continue canting on upon the orthodox lines, ferreting out the twentieth case that presents an apparent harshness to woman, and ignoring the nineteen of real injustice to man; misrepresenting the marriage laws as an engine of male, rather than of female, tyranny; and the non-possession of the suffrage by women as an infamy without a parallel, studiously saying nothing as to the more than compensating privileges of women in other directions. Working-women suffer to-day equally with working-men the oppression of the capitalist system, while middle-class women enjoy together with middle-class men the material benefits derived from a position of class-advantage. But in either case, as I have shown, as women, they enjoy a privileged position as against men as men. Only the will not to recognise the truth on this question can be proof against the evidence adduced.

_______________________

Notes

1. Since the above was written, an act has been passed practically freeing the woman from the obligation of fidelity. She may now commit adultery and still retain her claim on the man if she allege “neglect” or “cruelty.” The courts will probably consider “neglect” proved if she showed that her husband has not taken her out when she wished to go, or has refused her a silk dress, or has occasionally stayed too late at night from home. As for cruelty, the wife has only to smash her husband over the head with a poker while a witness is in the room. The husband may be tempted to observe that his wife has a bad temper. On a proof of his having thus abused his wife before strangers the court would doubtless hold a charge of “cruelty” to be “fully made out.”

2. In this as in most other cases of this kind, we may observe, the allegation is considered a mere joke, that men are in danger from women, because forsooth, the courts are administered by men. just as if this mattered when, though they are administered by men it is true, yet in all cases where the sex-question enters they are “worked” so exclusively in the interest of the other sex, that no barrister dare suggest that a swindling, blackmailing woman is anything worse than a poor, hysterical creature, on pain of losing his case.

3. So much is this the fact, that, as before pointed out, in the worst blackmailing cases, the defendant’s counsel is bound in the interests of his client to pretend that he doesn’t wish to imply anything against the female witness except that she was liable to hysterical delusions. In another connection, it is seen in cases of infant-murder, when the indignation of modern public opinion is turned not against the mother who has committed the murder, but against the putative father who has had nothing to do with it; truly a new and improved conception of justice, though a trifle vicarious, which the new Feminist cultess has the merit of having originated.

4. Before leaving this side of the question, I may allude to a quasi-argument, supposed to be crushing, which is sometimes brought forward when it is suggested that in view of the fact that all women are not angels, they should not be allowed to work their undisputed will with the men they come in contact with. “Women,” it is pleaded, “are what men have made them.” My answer to this is, that women are just as much what men have made them as men are what women have made them – nay, if there is a difference it is against women, since in the nursery, during the impressionable period of childhood, boys are entirely under their control.

5. A friend of mine is fond of arguing that the privileges of women are simply the obverse side of laws for the protection of the weaker. On this principle I would observe that any system of tyrannical privilege can be condoned. For example, it might be urged that the power of the Southern state planter over his slaves was necessary to the protection of the physically and numerically weaker white race against the ferocious negro. A similar argument is, in fact, used to-day to justify the action of negro-lynching mobs. Any system of oppression may be explained away, if one chooses, as being designed for the “necessary protection” of the oppressor against the oppressed.

Source: Essays in Socialism New & Old (1907), pp.108-119.

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