TRANSCRIBER'S NOTE: The edition from which this work was taken was printed without contractions, so there is Ill for I'll and dont for don't, for example, and show is spelt shew.
THE SHEWING-UP OF BLANCO POSNET
This little play is really a religious tract in dramatic form. If our silly censorship would permit its performance, it might possibly help to set right-side-up the perverted conscience and re-invigorate the starved self-respect of our considerable class of loose-lived playgoers whose point of honor is to deride all official and conventional sermons. As it is, it only gives me an opportunity of telling the story of the Select Committee of both Houses of Parliament which sat last year to enquire into the working of the censorship, against which it was alleged by myself and others that as its imbecility and mischievousness could not be fully illustrated within the limits of decorum imposed on the press, it could only be dealt with by a parliamentary body subject to no such limits.
A READABLE BLUEBOOK
Few books of the year 1909 can have been cheaper and more entertaining than the report of this Committee. Its full title is REPORT FROM THE JOINT SELECT COMMITTEE OF THE HOUSE OF LORDS AND THE HOUSE OF COMMONS ON THE STAGE PLAYS (CENSORSHIP) TOGETHER WITH THE PROCEEDINGS OF THE COMMITTEE, MINUTES OF EVIDENCE, AND APPENDICES. What the phrase "the Stage Plays" means in this title I do not know; nor does anyone else. The number of the Bluebook is 214.
How interesting it is may be judged from the fact that it contains verbatim reports of long and animated interviews between the Committee and such witnesses as W. William Archer, Mr. Granville Barker, Mr. J. M. Barrie, Mr. Forbes Robertson, Mr. Cecil Raleigh, Mr. John Galsworthy, Mr. Laurence Housman, Sir Herbert Beerbohm Tree, Mr. W. L. Courtney, Sir William Gilbert, Mr. A. B. Walkley, Miss Lena Ashwell, Professor Gilbert Murray, Mr. George Alexander, Mr. George Edwardes, Mr. Comyns Carr, the Speaker of the House of Commons, the Bishop of Southwark, Mr. Hall Caine, Mr. Israel Zangwill, Sir Squire Bancroft, Sir Arthur Pinero, and Mr. Gilbert Chesterton, not to mention myself and a number of gentlemen less well known to the general public, but important in the world of the theatre. The publication of a book by so many famous contributors would be beyond the means of any commercial publishing firm. His Majesty's Stationery Office sells it to all comers by weight at the very reasonable price of three- and-threepence a copy.
HOW NOT TO DO IT
It was pointed out by Charles Dickens in Little Dorrit, which remains the most accurate and penetrating study of the genteel littleness of our class governments in the English language, that whenever an abuse becomes oppressive enough to persuade our party parliamentarians that something must be done, they immediately set to work to face the situation and discover How Not To Do It. Since Dickens's day the exposures effected by the Socialists have so shattered the self-satisfaction of modern commercial civilization that it is no longer difficult to convince our governments that something must be done, even to the extent of attempts at a reconstruction of civilization on a thoroughly uncommercial basis. Consequently, the first part of the process described by Dickens: that in which the reformers were snubbed by front bench demonstrations that the administrative departments were consuming miles of red tape in the correctest forms of activity, and that everything was for the best in the best of all possible worlds, is out of fashion; and we are in that other phase, familiarized by the history of the French Revolution, in which the primary assumption is that the country is in danger, and that the first duty of all parties, politicians, and governments is to save it. But as the effect of this is to give governments a great many more things to do, it also gives a powerful stimulus to the art of How Not To Do Them: that is to say, the art of contriving methods of reform which will leave matters exactly as they are.
The report of the Joint Select Committee is a capital illustration of this tendency. The case against the censorship was overwhelming; and the defence was more damaging to it than no defence at all could have been. Even had this not been so, the mere caprice of opinion had turned against the institution; and a reform was expected, evidence or no evidence. Therefore the Committee was unanimous as to the necessity of reforming the censorship; only, unfortunately, the majority attached to this unanimity the usual condition that nothing should be done to disturb the existing state of things. How this was effected may be gathered from the recommendations finally agreed on, which are as follows.
1. The drama is to be set entirely free by the abolition of the existing obligation to procure a licence from the Censor before performing a play; but every theatre lease is in future to be construed as if it contained a clause giving the landlord power to break it and evict the lessee if he produces a play without first obtaining the usual licence from the Lord Chamberlain.
2. Some of the plays licensed by the Lord Chamberlain are so vicious that their present practical immunity from prosecution must be put an end to; but no manager who procures the Lord Chamberlain's licence for a play can be punished in any way for producing it, though a special tribunal may order him to discontinue the performance; and even this order must not be recorded to his disadvantage on the licence of his theatre, nor may it be given as a judicial reason for cancelling that licence.
3. Authors and managers producing plays without first obtaining the usual licence from the Lord Chamberlain shall be perfectly free to do so, and shall be at no disadvantage compared to those who follow the existing practice, except that they may be punished, have the licences of their theatres endorsed and cancelled, and have the performance stopped pending the proceedings without compensation in the event of the proceedings ending in their acquittal.
4. Authors are to be rescued from their present subjection to an irresponsible secret tribunal which can condemn their plays without giving reasons, by the substitution for that tribunal of a Committee of the Privy Council, which is to be the final authority on the fitness of a play for representation; and this Committee is to sit in camera if and when it pleases.
5. The power to impose a veto on the production of plays is to be abolished because it may hinder the growth of a great national drama; but the Office of Examiner of Plays shall be continued; and the Lord Chamberlain shall retain his present powers to license plays, but shall be made responsible to Parliament to the extent of making it possible to ask questions there concerning his proceedings, especially now that members have discovered a method of doing this indirectly.
And so on, and so forth. The thing is to be done; and it is not to be done. Everything is to be changed and nothing is to be changed. The problem is to be faced and the solution to be shirked. And the word of Dickens is to be justified.
THE STORY OF THE JOINT SELECT COMMITTEE
Let me now tell the story of the Committee in greater detail, partly as a contribution to history; partly because, like most true stories, it is more amusing than the official story.
All commissions of public enquiry are more or less intimidated both by the interests on which they have to sit in judgment and, when their members are party politicians, by the votes at the back of those interests; but this unfortunate Committee sat under a quite exceptional cross fire. First, there was the king. The Censor is a member of his household retinue; and as a king's retinue has to be jealously guarded to avoid curtailment of the royal state no matter what may be the function of the particular retainer threatened, nothing but an express royal intimation to the contrary, which is a constitutional impossibility, could have relieved the Committee from the fear of displeasing the king by any proposal to abolish the censorship of the Lord Chamberlain. Now all the lords on the Committee and some of the commoners could have been wiped out of society (in their sense of the word) by the slightest intimation that the king would prefer not to meet them; and this was a heavy risk to run on the chance of "a great and serious national drama" ensuing on the removal of the Lord Chamberlain's veto on Mrs Warren's Profession. Second, there was the Nonconformist conscience, holding the Liberal Government responsible for the Committee it had appointed, and holding also, to the extent of votes enough to turn the scale in some constituencies, that the theatre is the gate of hell, to be tolerated, as vice is tolerated, only because the power to suppress it could not be given to any public body without too serious an interference with certain Liberal traditions of liberty which are still useful to Nonconformists in other directions. Third, there was the commercial interest of the theatrical managers and their syndicates of backers in the City, to whom, as I shall shew later on, the censorship affords a cheap insurance of enormous value. Fourth, there was the powerful interest of the trade in intoxicating liquors, fiercely determined to resist any extension of the authority of teetotaller-led local governing bodies over theatres. Fifth, there were the playwrights, without political power, but with a very close natural monopoly of a talent not only for play-writing but for satirical polemics. And since every interest has its opposition, all these influences had created hostile bodies by the operation of the mere impulse to contradict them, always strong in English human nature.
WHY THE MANAGERS LOVE THE CENSORSHIP
The only one of these influences which seems to be generally misunderstood is that of the managers. It has been assumed repeatedly that managers and authors are affected in the same way by the censorship. When a prominent author protests against the censorship, his opinion is supposed to be balanced by that of some prominent manager who declares that the censorship is the mainstay of the theatre, and his relations with the Lord Chamberlain and the Examiner of Plays a cherished privilege and an inexhaustible joy. This error was not removed by the evidence given before the Joint Select Committee. The managers did not make their case clear there, partly because they did not understand it, and partly because their most eminent witnesses were not personally affected by it, and would not condescend to plead it, feeling themselves, on the contrary, compelled by their self-respect to admit and even emphasize the fact that the Lord Chamberlain in the exercise of his duties as licenser had done those things which he ought not to have done, and left undone those things which he ought to have done. Mr Forbes Robertson and Sir Herbert Tree, for instance, had never felt the real disadvantage of which managers have to complain. This disadvantage was not put directly to the Committee; and though the managers are against me on the question of the censorship, I will now put their case for them as they should have put it themselves, and as it can be read between the lines of their evidence when once the reader has the clue.
The manager of a theatre is a man of business. He is not an expert in politics, religion, art, literature, philosophy, or law. He calls in a playwright just as he calls in a doctor, or consults a lawyer, or engages an architect, depending on the playwright's reputation and past achievements for a satisfactory result. A play by an unknown man may attract him sufficiently to induce him to give that unknown man a trial; but this does not occur often enough to be taken into account: his normal course is to resort to a well-known author and take (mostly with misgiving) what he gets from him. Now this does not cause any anxiety to Mr Forbes Robertson and Sir Herbert Tree, because they are only incidentally managers and men of business: primarily they are highly cultivated artists, quite capable of judging for themselves anything that the most abstruse playwright is likely to put before them, But the plain sailing tradesman who must be taken as the typical manager (for the West end of London is not the whole theatrical world) is by no means equally qualified to judge whether a play is safe from prosecution or not. He may not understand it, may not like it, may not know what the author is driving at, may have no knowledge of the ethical, political, and sectarian controversies which may form the intellectual fabric of the play, and may honestly see nothing but an ordinary "character part" in a stage figure which may be a libellous and unmistakeable caricature of some eminent living person of whom he has never heard. Yet if he produces the play he is legally responsible just as if he had written it himself. Without protection he may find himself in the dock answering a charge of blasphemous libel, seditious libel, obscene libel, or all three together, not to mention the possibility of a private action for defamatory libel. His sole refuge is the opinion of the Examiner of Plays, his sole protection the licence of the Lord Chamberlain. A refusal to license does not hurt him, because he can produce another play: it is the author who suffers. The granting of the licence practically places him above the law; for though it may be legally possible to prosecute a licensed play, nobody ever dreams of doing it. The really responsible person, the Lord Chamberlain, could not be put into the dock; and the manager could not decently be convicted when he could procure in his defence a certificate from the chief officer of the King's household that the play was a proper one.
A TWO GUINEA INSURANCE POLICY
The censorship, then, provides the manager, at the negligible premium of two guineas per play, with an effective insurance against the author getting him into trouble, and a complete relief from all conscientious responsibility for the character of the entertainment at his theatre. Under such circumstances, managers would be more than human if they did not regard the censorship as their most valuable privilege. This is the simple explanation of the rally of the managers and their Associations to the defence of the censorship, of their reiterated resolutions of confidence in the Lord Chamberlain, of their presentations of plate, and, generally, of their enthusiastic contentment with the present system, all in such startling contrast to the denunciations of the censorship by the authors. It also explains why the managerial witnesses who had least to fear from the Censor were the most reluctant in his defence, whilst those whose practice it is to strain his indulgence to the utmost were almost rapturous in his praise. There would be absolute unanimity among the managers in favor of the censorship if they were all simply tradesmen. Even those actor-managers who made no secret before the Committee of their contempt for the present operation of the censorship, and their indignation at being handed over to a domestic official as casual servants of a specially disorderly kind, demanded, not the abolition of the institution, but such a reform as might make it consistent with their dignity and unobstructive to their higher artistic aims. Feeling no personal need for protection against the author, they perhaps forgot the plight of many a manager to whom the modern advanced drama is so much Greek; but they did feel very strongly the need of being protected against Vigilance Societies and Municipalities and common informers in a country where a large section of the community still believes that art of all kinds is inherently sinful.
WHY THE GOVERNMENT INTERFERED
It may now be asked how a Liberal government had been persuaded to meddle at all with a question in which so many conflicting interests were involved, and which had probably no electoral value whatever. Many simple simple souls believed that it was because certain severely virtuous plays by Ibsen, by M. Brieux, by Mr Granville Barker, and by me, were suppressed by the censorship, whilst plays of a scandalous character were licensed without demur. No doubt this influenced public opinion; but those who imagine that it could influence British governments little know how remote from public opinion and how full of their own little family and party affairs British governments, both Liberal and Unionist, still are. The censorship scandal had existed for years without any parliamentary action being taken in the matter, and might have existed for as many more had it not happened in 1906 that Mr Robert Vernon Harcourt entered parliament as a member of the Liberal Party, of which his father had been one of the leaders during the Gladstone era. Mr Harcourt was thus a young man marked out for office both by his parentage and his unquestionable social position as one of the governing class. Also, and this was much less usual, he was brilliantly clever, and was the author of a couple of plays of remarkable promise. Mr Harcourt informed his leaders that he was going to take up the subject of the censorship. The leaders, recognizing his hereditary right to a parliamentary canter of some sort as a prelude to his public career, and finding that all the clever people seemed to be agreed that the censorship was an anti- Liberal institution and an abominable nuisance to boot, indulged him by appointing a Select Committee of both Houses to investigate the subject. The then Chancellor of the Duchy of Lancaster, Mr Herbert Samuel (now Postmaster-General), who had made his way into the Cabinet twenty years ahead of the usual age, was made Chairman. Mr Robert Harcourt himself was of course a member. With him, representing the Commons, were Mr Alfred Mason, a man of letters who had won a seat in parliament as offhandedly as he has since discarded it, or as he once appeared on the stage to help me out of a difficulty in casting Arms and the Man when that piece was the newest thing in the advanced drama. There was Mr Hugh Law, an Irish member, son of an Irish Chancellor, presenting a keen and joyous front to English intellectual sloth. Above all, there was Colonel Lockwood to represent at one stroke the Opposition and the average popular man. This he did by standing up gallantly for the Censor, to whose support the Opposition was in no way committed, and by visibly defying the most cherished conventions of the average man with a bunch of carnations in his buttonhole as large as a dinner-plate, which would have made a Bunthorne blench, and which very nearly did make Mr Granville Barker (who has an antipathy to the scent of carnations) faint.
THE PEERS ON THE JOINT SELECT COMMITTEE
The House of Lords then proceeded to its selection. As fashionable drama in Paris and London concerns itself almost exclusively with adultery, the first choice fell on Lord Gorell, who had for many years presided over the Divorce Court. Lord Plymouth, who had been Chairman to the Shakespear Memorial project (now merged in the Shakespear Memorial National Theatre) was obviously marked out for selection; and it was generally expected that the Lords Lytton and Esher, who had taken a prominent part in the same movement, would have been added. This expectation was not fulfilled. Instead, Lord Willoughby de Broke, who had distinguished himself as an amateur actor, was selected along with Lord Newton, whose special qualifications for the Committee, if he had any, were unknown to the public. Finally Lord Ribblesdale, the argute son of a Scotch mother, was thrown in to make up for any shortcoming in intellectual subtlety that might arise in the case of his younger colleagues; and this completed the two teams.
THE COMMITTEE'S ATTITUDE TOWARD THE THEATRE
In England, thanks chiefly to the censorship, the theatre is not respected. It is indulged and despised as a department of what is politely called gaiety. It is therefore not surprising that the majority of the Committee began by taking its work uppishly and carelessly. When it discovered that the contemporary drama, licensed by the Lord Chamberlain, included plays which could be described only behind closed doors, and in the discomfort which attends discussions of very nasty subjects between men of widely different ages, it calmly put its own convenience before its public duty by ruling that there should be no discussion of particular plays, much as if a committee on temperance were to rule that drunkenness was not a proper subject of conversation among gentlemen.
A BAD BEGINNING
This was a bad beginning. Everybody knew that in England the censorship would not be crushed by the weight of the constitutional argument against it, heavy as that was, unless it were also brought home to the Committee and to the public that it had sanctioned and protected the very worst practicable examples of the kind of play it professed to extirpate. For it must be remembered that the other half of the practical side of the case, dealing with the merits of the plays it had suppressed, could never secure a unanimous assent. If the Censor had suppressed Hamlet, as he most certainly would have done had it been submitted to him as a new play, he would have been supported by a large body of people to whom incest is a tabooed subject which must not be mentioned on the stage or anywhere else outside a criminal court. Hamlet, Oedipus, and The Cenci, Mrs Warren's Profession, Brieux's Maternite, and Les Avaries, Maeterlinck's Monna Vanna and Mr. Granville Barker's Waste may or may not be great poems, or edifying sermons, or important documents, or charming romances: our tribal citizens know nothing about that and do not want to know anything: all that they do know is that incest, prostitution, abortion, contagious diseases, and nudity are improper, and that all conversations, or books, or plays in which they are discussed are improper conversations, improper books, improper plays, and should not be allowed. The Censor may prohibit all such plays with complete certainty that there will be a chorus of "Quite right too" sufficient to drown the protests of the few who know better. The Achilles heel of the censorship is therefore not the fine plays it has suppressed, but the abominable plays it has licensed: plays which the Committee itself had to turn the public out of the room and close the doors before it could discuss, and which I myself have found it impossible to expose in the press because no editor of a paper or magazine intended for general family reading could admit into his columns the baldest narration of the stories which the Censor has not only tolerated but expressly certified as fitting for presentation on the stage. When the Committee ruled out this part of the case it shook the confidence of the authors in its impartiality and its seriousness. Of course it was not able to enforce its ruling thoroughly. Plays which were merely lightminded and irresponsible in their viciousness were repeatedly mentioned by Mr Harcourt and others. But the really detestable plays, which would have damned the censorship beyond all apology or salvation, were never referred to; and the moment Mr Harcourt or anyone else made the Committee uncomfortable by a move in their direction, the ruling was appealed to at once, and the censorship saved.
A COMIC INTERLUDE
It was part of this nervous dislike of the unpleasant part of its business that led to the comic incident of the Committee's sudden discovery that I had insulted it, and its suspension of its investigation for the purpose of elaborately insulting me back again. Comic to the lookers-on, that is; for the majority of the Committee made no attempt to conceal the fact that they were wildly angry with me; and I, though my public experience and skill in acting enabled me to maintain an appearance of imperturbable good-humor, was equally furious. The friction began as follows.
The precedents for the conduct of the Committee were to be found in the proceedings of the Committee of 1892. That Committee, no doubt recognizing the absurdity of calling on distinguished artists to give their views before it, and then refusing to allow them to state their views except in nervous replies to such questions as it might suit members to put to them, allowed Sir Henry Irving and Sir John Hare to prepare and read written statements, and formally invited them to read them to the Committee before being questioned. I accordingly prepared such a statement. For the greater convenience of the Committee, I offered to have this statement printed at my own expense, and to supply the members with copies. The offer was accepted; and the copies supplied. I also offered to provide the Committee with copies of those plays of mine which had been refused a licence by the Lord Chamberlain. That offer also was accepted; and the books duly supplied.
AN ANTI-SHAVIAN PANIC
As far as I can guess, the next thing that happened was that some timid or unawakened member of the Committee read my statement and was frightened or scandalized out of his wits by it. At all events it is certain that the majority of the Committee allowed themselves to be persuaded to refuse to allow any statement to be read; but to avoid the appearance of pointing this expressly at me, the form adopted was a resolution to adhere strictly to precedent, the Committee being then unaware that the precedents were on my side. Accordingly, when I appeared before the Committee, and proposed to read my statement "according to precedent," the Committee was visibly taken aback. The Chairman was bound by the letter of the decision arrived at to allow me to read my statement, since that course was according to precedent; but as this was exactly what the decision was meant to prevent, the majority of the Committee would have regarded this hoisting of them with their own petard as a breach of faith on the part of the Chairman, who, I infer, was not in agreement with the suppressive majority. There was nothing for it, after a somewhat awkward pause, but to clear me and the public out of the room and reconsider the situation IN CAMERA. When the doors were opened again I was informed simply that the Committee would not hear my statement, but as the Committee could not very decently refuse my evidence altogether, the Chairman, with a printed copy of my statement in his hand as "proof," was able to come to the rescue to some extent by putting to me a series of questions to which no doubt I might have replied by taking another copy out of my pocket, and quoting my statement paragraph by paragraph, as some of the later witnesses did. But as in offering the Committee my statement for burial in their bluebook I had made a considerable sacrifice, being able to secure greater publicity for it by independent publication on my own account; and as, further, the circumstances of the refusal made it offensive enough to take all heart out of the scrupulous consideration with which I had so far treated the Committee, I was not disposed to give its majority a second chance, or to lose the opportunity offered me by the questions to fire an additional broadside into the censorship. I pocketed my statement, and answered the questions VIVA VOCE. At the conclusion of this, my examination- in-chief, the Committee adjourned, asking me to present myself again for (virtually) cross-examination. But this cross- examination never came off, as the sequel will shew.
A RARE AND CURIOUS FIRST EDITION
The refusal of the Committee to admit my statement had not unnaturally created the impression that it must be a scandalous document; and a lively demand for copies at once set in. And among the very first applicants were members of the majority which had carried the decision to exclude the document. They had given so little attention to the business that they did not know, or had forgotten, that they had already been supplied with copies at their own request. At all events, they came to me publicly and cleaned me out of the handful of copies I had provided for distribution to the press. And after the sitting it was intimated to me that yet more copies were desired for the use of the Committee: a demand, under the circumstances, of breath-bereaving coolness. At the same time, a brisk demand arose outside the Committee, not only among people who were anxious to read what I had to say on the subject, but among victims of the craze for collecting first editions, copies of privately circulated pamphlets, and other real or imaginary rarities, and who will cheerfully pay five guineas for any piece of discarded old rubbish of mine when they will not pay four-and-sixpence for this book because everyone else can get it for four-and-sixpence too.
THE TIMES TO THE RESCUE
The day after the refusal of the Committee to face my statement, I transferred the scene of action to the columns of The Times, which did yeoman's service to the public on this, as on many other occasions, by treating the question as a public one without the least regard to the supposed susceptibilities of the Court on the one side, or the avowed prejudices of the Free Churches or the interests of the managers or theatrical speculators on the other. The Times published the summarized conclusions of my statement, and gave me an opportunity of saying as much as it was then advisable to say of what had occurred. For it must be remembered that, however impatient and contemptuous I might feel of the intellectual cowardice shewn by the majority of the Committee face to face with myself, it was none the less necessary to keep up its prestige in every possible way, not only for the sake of the dignity and importance of the matter with which it had to deal, and in the hope that the treatment of subsequent witnesses and the final report might make amends for a feeble beginning, but also out of respect and consideration for the minority. For it is fair to say that the majority was never more than a bare majority, and that the worst thing the Committee did—the exclusion of references to particular plays—was perpetrated in the absence of the Chairman.
I, therefore, had to treat the Committee in The Times very much better than its majority deserved, an injustice for which I now apologize. I did not, however, resist the temptation to hint, quite good-humoredly, that my politeness to the Committee had cost me quite enough already, and that I was not prepared to supply the members of the Committee, or anyone else, with extra copies merely as collectors' curiosities.
THE COUNCIL OF TEN
Then the fat was in the fire. The majority, chaffed for its eagerness to obtain copies of scarce pamphlets retailable at five guineas, went dancing mad. When I presented myself, as requested, for cross-examination, I found the doors of the Committee room shut, and the corridors of the House of Lords filled by a wondering crowd, to whom it had somehow leaked out that something terrible was happening inside. It could not be another licensed play too scandalous to be discussed in public, because the Committee had decided to discuss no more of these examples of the Censor's notions of purifying the stage; and what else the Committee might have to discuss that might not be heard by all the world was not easily guessable.
Without suggesting that the confidence of the Committee was in any way violated by any of its members further than was absolutely necessary to clear them from suspicion of complicity in the scene which followed, I think I may venture to conjecture what was happening. It was felt by the majority, first, that it must be cleared at all costs of the imputation of having procured more than one copy each of my statement, and that one not from any interest in an undesirable document by an irreverent author, but in the reluctant discharge of its solemn public duty; second, that a terrible example must be made of me by the most crushing public snub in the power of the Committee to administer. To throw my wretched little pamphlet at my head and to kick me out of the room was the passionate impulse which prevailed in spite of all the remonstrances of the Commoners, seasoned to the give-and-take of public life, and of the single peer who kept his head. The others, for the moment, had no heads to keep. And the fashion in which they proposed to wreak their vengeance was as follows.
I was to be admitted, as a lamb to the slaughter, and allowed to take my place as if for further examination. The Chairman was then to inform me coldly that the Committee did not desire to have anything more to say to me. The members were thereupon solemnly to hand me back the copies of my statement as so much waste paper, and I was to be suffered to slink away with what countenance I could maintain in such disgrace.
But this plan required the active co-operation of every member of the Committee; and whilst the majority regarded it as an august and impressive vindication of the majesty of parliament, the minority regarded it with equal conviction as a puerile tomfoolery, and declined altogether to act their allotted parts in it. Besides, they did not all want to part with the books. For instance, Mr Hugh Law, being an Irishman, with an Irishman's sense of how to behave like a gallant gentleman on occasion, was determined to be able to assure me that nothing should induce him to give up my statement or prevent him from obtaining and cherishing as many copies as possible. (I quote this as an example to the House of Lords of the right thing to say in such emergencies). So the program had to be modified. The minority could not prevent the enraged majority from refusing to examine me further; nor could the Chairman refuse to communicate that decision to me. Neither could the minority object to the secretary handing me back such copies as he could collect from the majority. And at that the matter was left. The doors were opened; the audience trooped in; I was called to my place in the dock (so to speak); and all was ready for the sacrifice.
Alas! the majority reckoned without Colonel Lockwood. That hardy and undaunted veteran refused to shirk his share in the scene merely because the minority was recalcitrant and the majority perhaps subject to stage fright. When Mr Samuel had informed me that the Committee had no further questions to ask me with an urbanity which gave the public no clue as to the temper of the majority; when I had jumped up with the proper air of relief and gratitude; when the secretary had handed me his little packet of books with an affability which effectually concealed his dramatic function as executioner; when the audience was simply disappointed at being baulked of the entertainment of hearing Mr Robert Harcourt cross-examine me; in short, when the situation was all but saved by the tact of the Chairman and secretary, Colonel Lockwood rose, with all his carnations blazing, and gave away the whole case by handing me, with impressive simplicity and courtesy, his TWO copies of the precious statement. And I believe that if he had succeeded in securing ten, he would have handed them all back to me with the most sincere conviction that every one of the ten must prove a crushing addition to the weight of my discomfiture. I still cherish that second copy, a little blue- bound pamphlet, methodically autographed "Lockwood B" among my most valued literary trophies.
An innocent lady told me afterwards that she never knew that I could smile so beautifully, and that she thought it shewed very good taste on my part. I was not conscious of smiling; but I should have embraced the Colonel had I dared. As it was, I turned expectantly to his colleagues, mutely inviting them to follow his example. But there was only one Colonel Lockwood on that Committee. No eye met mine except minority eyes, dancing with mischief. There was nothing more to be said. I went home to my morning's work, and returned in the afternoon to receive the apologies of the minority for the conduct of the majority, and to see Mr Granville Barker, overwhelmed by the conscience-stricken politeness of the now almost abject Committee, and by a powerful smell of carnations, heading the long list of playwrights who came there to testify against the censorship, and whose treatment, I am happy to say, was everything they could have desired.
After all, ridiculous as the scene was, Colonel Lockwood's simplicity and courage were much more serviceable to his colleagues than their own inept coup de theatre would have been if he had not spoiled it. It was plain to every one that he had acted in entire good faith, without a thought as to these apparently insignificant little books being of any importance or having caused me or anybody else any trouble, and that he was wounded in his most sensitive spot by the construction my Times letter had put on his action. And in Colonel Lockwood's case one saw the case of his party on the Committee. They had simply been thoughtless in the matter.
I hope nobody will suppose that this in any way exonerates them. When people accept public service for one of the most vital duties that can arise in our society, they have no right to be thoughtless. In spite of the fun of the scene on the surface, my public sense was, and still is, very deeply offended by it. It made an end for me of the claim of the majority to be taken seriously. When the Government comes to deal with the question, as it presumably will before long, I invite it to be guided by the Chairman, the minority, and by the witnesses according to their weight, and to pay no attention whatever to those recommendations which were obviously inserted solely to conciliate the majority and get the report through and the Committee done with.
My evidence will be found in the Bluebook, pp. 46-53. And here is the terrible statement which the Committee went through so much to suppress.
THE REJECTED STATEMENT
THE WITNESS'S QUALIFICATIONS
I am by profession a playwright. I have been in practice since 1892. I am a member of the Managing Committee of the Society of Authors and of the Dramatic Sub-Committee of that body. I have written nineteen plays, some of which have been translated and performed in all European countries except Turkey, Greece, and Portugal. They have been performed extensively in America. Three of them have been refused licences by the Lord Chamberlain. In one case a licence has since been granted. The other two are still unlicensed. I have suffered both in pocket and reputation by the action of the Lord Chamberlain. In other countries I have not come into conflict with the censorship except in Austria, where the production of a comedy of mine was postponed for a year because it alluded to the part taken by Austria in the Servo- Bulgarian war. This comedy was not one of the plays suppressed in England by the Lord Chamberlain. One of the plays so suppressed was prosecuted in America by the police in consequence of an immense crowd of disorderly persons having been attracted to the first performance by the Lord Chamberlain's condemnation of it; but on appeal to a higher court it was decided that the representation was lawful and the intention innocent, since when it has been repeatedly performed.
I am not an ordinary playwright in general practice. I am a specialist in immoral and heretical plays. My reputation has been gained by my persistent struggle to force the public to reconsider its morals. In particular, I regard much current morality as to economic and sexual relations as disastrously wrong; and I regard certain doctrines of the Christian religion as understood in England to-day with abhorrence. I write plays with the deliberate object of converting the nation to my opinions in these matters. I have no other effectual incentive to write plays, as I am not dependent on the theatre for my livelihood. If I were prevented from producing immoral and heretical plays, I should cease to write for the theatre, and propagate my views from the platform and through books. I mention these facts to shew that I have a special interest in the achievement by my profession of those rights of liberty of speech and conscience which are matters of course in other professions. I object to censorship not merely because the existing form of it grievously injures and hinders me individually, but on public grounds.
THE DEFINITION OF IMMORALITY
In dealing with the question of the censorship, everything depends on the correct use of the word immorality, and a careful discrimination between the powers of a magistrate or judge to administer a code, and those of a censor to please himself.
Whatever is contrary to established manners and customs is immoral. An immoral act or doctrine is not necessarily a sinful one: on the contrary, every advance in thought and conduct is by definition immoral until it has converted the majority. For this reason it is of the most enormous importance that immorality should be protected jealously against the attacks of those who have no standard except the standard of custom, and who regard any attack on custom—that is, on morals—as an attack on society, on religion, and on virtue.
A censor is never intentionally a protector of immorality. He always aims at the protection of morality. Now morality is extremely valuable to society. It imposes conventional conduct on the great mass of persons who are incapable of original ethical judgment, and who would be quite lost if they were not in leading-strings devised by lawgivers, philosophers, prophets and poets for their guidance. But morality is not dependent on censorship for protection. It is already powerfully fortified by the magistracy and the whole body of law. Blasphemy, indecency, libel, treason, sedition, obscenity, profanity, and all the other evils which a censorship is supposed to avert, are punishable by the civil magistrate with all the severity of vehement prejudice. Morality has not only every engine that lawgivers can devise in full operation for its protection, but also that enormous weight of public opinion enforced by social ostracism which is stronger than all the statutes. A censor pretending to protect morality is like a child pushing the cushions of a railway carriage to give itself the sensation of making the train travel at sixty miles an hour. It is immorality, not morality, that needs protection: it is morality, not immorality, that needs restraint; for morality, with all the dead weight of human inertia and superstition to hang on the back of the pioneer, and all the malice of vulgarity and prejudice to threaten him, is responsible for many persecutions and many martyrdoms.
Persecutions and martyrdoms, however, are trifles compared to the mischief done by censorships in delaying the general march of enlightenment. This can be brought home to us by imagining what would have been the effect of applying to all literature the censorship we still apply to the stage. The works of Linnaeus and the evolutionists of 1790-1830, of Darwin, Wallace, Huxley, Helmholtz, Tyndall, Spencer, Carlyle, Ruskin, and Samuel Butler, would not have been published, as they were all immoral and heretical in the very highest degree, and gave pain to many worthy and pious people. They are at present condemned by the Greek and Roman Catholic censorships as unfit for general reading. A censorship of conduct would have been equally disastrous. The disloyalty of Hampden and of Washington; the revolting immorality of Luther in not only marrying when he was a priest, but actually marrying a nun; the heterodoxy of Galileo; the shocking blasphemies and sacrileges of Mohammed against the idols whom he dethroned to make way for his conception of one god; the still more startling blasphemy of Jesus when he declared God to be the son of man and himself to be the son of God, are all examples of shocking immoralities (every immorality shocks somebody), the suppression and extinction of which would have been more disastrous than the utmost mischief that can be conceived as ensuing from the toleration of vice.
These facts, glaring as they are, are disguised by the promotion of immoralities into moralities which is constantly going on. Christianity and Mohammedanism, once thought of and dealt with exactly as Anarchism is thought of and dealt with today, have become established religions; and fresh immoralities are prosecuted in their name. The truth is that the vast majority of persons professing these religions have never been anything but simple moralists. The respectable Englishman who is a Christian because he was born in Clapham would be a Mohammedan for the cognate reason if he had been born in Constantinople. He has never willingly tolerated immorality. He did not adopt any innovation until it had become moral; and then he adopted it, not on its merits, but solely because it had become moral. In doing so he never realized that it had ever been immoral: consequently its early struggles taught him no lesson; and he has opposed the next step in human progress as indignantly as if neither manners, customs, nor thought had ever changed since the beginning of the world. Toleration must be imposed on him as a mystic and painful duty by his spiritual and political leaders, or he will condemn the world to stagnation, which is the penalty of an inflexible morality.
WHAT TOLERATION MEANS
This must be done all the more arbitrarily because it is not possible to make the ordinary moral man understand what toleration and liberty really mean. He will accept them verbally with alacrity, even with enthusiasm, because the word toleration has been moralized by eminent Whigs; but what he means by toleration is toleration of doctrines that he considers enlightened, and, by liberty, liberty to do what he considers right: that is, he does not mean toleration or liberty at all; for there is no need to tolerate what appears enlightened or to claim liberty to do what most people consider right. Toleration and liberty have no sense or use except as toleration of opinions that are considered damnable, and liberty to do what seems wrong. Setting Englishmen free to marry their deceased wife's sisters is not tolerated by the people who approve of it, but by the people who regard it as incestuous. Catholic Emancipation and the admission of Jews to parliament needed no toleration from Catholics and Jews: the toleration they needed was that of the people who regarded the one measure as a facilitation of idolatry, and the other as a condonation of the crucifixion. Clearly such toleration is not clamored for by the multitude or by the press which reflects its prejudices. It is essentially one of those abnegations of passion and prejudice which the common man submits to because uncommon men whom he respects as wiser than himself assure him that it must be so, or the higher affairs of human destiny will suffer.
Such admission is the more difficult because the arguments against tolerating immorality are the same as the arguments against tolerating murder and theft; and this is why the Censor seems to the inconsiderate as obviously desirable a functionary as the police magistrate. But there is this simple and tremendous difference between the cases: that whereas no evil can conceivably result from the total suppression of murder and theft, and all communities prosper in direct proportion to such suppression, the total suppression of immorality, especially in matters of religion and sex, would stop enlightenment, and produce what used to be called a Chinese civilization until the Chinese lately took to immoral courses by permitting railway contractors to desecrate the graves of their ancestors, and their soldiers to wear clothes which indecently revealed the fact that they had legs and waists and even posteriors. At about the same moment a few bold Englishwomen ventured on the immorality of riding astride their horses, a practice that has since established itself so successfully that before another generation has passed away there may not be a new side-saddle in England or a woman who could use it if there was.
THE CASE FOR TOLERATION
Accordingly, there has risen among wise and far-sighted men a perception of the need for setting certain departments of human activity entirely free from legal interference. This has nothing to do with any sympathy these liberators may themselves have with immoral views. A man with the strongest conviction of the Divine ordering of the universe and of the superiority of monarchy to all forms of government may nevertheless quite consistently and conscientiously be ready to lay down his life for the right of every man to advocate Atheism or Republicanism if he believes in them. An attack on morals may turn out to be the salvation of the race. A hundred years ago nobody foresaw that Tom Paine's centenary would be the subject of a laudatory special article in The Times; and only a few understood that the persecution of his works and the transportation of men for the felony of reading them was a mischievous mistake. Even less, perhaps, could they have guessed that Proudhon, who became notorious by his essay entitled "What is Property? It is Theft" would have received, on the like occasion and in the same paper, a respectful consideration which nobody would now dream of according to Lord Liverpool or Lord Brougham. Nevertheless there was a mass of evidence to shew that such a development was not only possible but fairly probable, and that the risks of suppressing liberty of propaganda were far greater than the risk of Paine's or Proudhon's writings wrecking civilization. Now there was no such evidence in favor of tolerating the cutting of throats and the robbing of tills. No case whatever can be made out for the statement that a nation cannot do without common thieves and homicidal ruffians. But an overwhelming case can be made out for the statement that no nation can prosper or even continue to exist without heretics and advocates of shockingly immoral doctrines. The Inquisition and the Star Chamber, which were nothing but censorships, made ruthless war on impiety and immorality. The result was once familiar to Englishmen, though of late years it seems to have been forgotten. It cost England a revolution to get rid of the Star Chamber. Spain did not get rid of the Inquisition, and paid for that omission by becoming a barely third-rate power politically, and intellectually no power at all, in the Europe she had once dominated as the mightiest of the Christian empires.
THE LIMITS TO TOLERATION
But the large toleration these considerations dictate has limits. For example, though we tolerate, and rightly tolerate, the propaganda of Anarchism as a political theory which embraces all that is valuable in the doctrine of Laisser-Faire and the method of Free Trade as well as all that is shocking in the views of Bakounine, we clearly cannot, or at all events will not, tolerate assassination of rulers on the ground that it is "propaganda by deed" or sociological experiment. A play inciting to such an assassination cannot claim the privileges of heresy or immorality, because no case can be made out in support of assassination as an indispensable instrument of progress. Now it happens that we have in the Julius Caesar of Shakespear a play which the Tsar of Russia or the Governor-General of India would hardly care to see performed in their capitals just now. It is an artistic treasure; but it glorifies a murder which Goethe described as the silliest crime ever committed. It may quite possibly have helped the regicides of 1649 to see themselves, as it certainly helped generations of Whig statesmen to see them, in a heroic light; and it unquestionably vindicates and ennobles a conspirator who assassinated the head of the Roman State not because he abused his position but solely because he occupied it, thus affirming the extreme republican principle that all kings, good or bad, should be killed because kingship and freedom cannot live together. Under certain circumstances this vindication and ennoblement might act as an incitement to an actual assassination as well as to Plutarchian republicanism; for it is one thing to advocate republicanism or royalism: it is quite another to make a hero of Brutus or Ravaillac, or a heroine of Charlotte Corday. Assassination is the extreme form of censorship; and it seems hard to justify an incitement to it on anti-censorial principles. The very people who would have scouted the notion of prohibiting the performances of Julius Caesar at His Majesty's Theatre in London last year, might now entertain very seriously a proposal to exclude Indians from them, and to suppress the play completely in Calcutta and Dublin; for if the assassin of Caesar was a hero, why not the assassins of Lord Frederick Cavendish, Presidents Lincoln and McKinley, and Sir Curzon Wyllie? Here is a strong case for some constitutional means of preventing the performance of a play. True, it is an equally strong case for preventing the circulation of the Bible, which was always in the hands of our regicides; but as the Roman Catholic Church does not hesitate to accept that consequence of the censorial principle, it does not invalidate the argument.
Take another actual case. A modern comedy, Arms and The Man, though not a comedy of politics, is nevertheless so far historical that it reveals the unacknowledged fact that as the Servo-Bulgarian War of 1885 was much more than a struggle between the Servians and Bulgarians, the troops engaged were officered by two European Powers of the first magnitude. In consequence, the performance of the play was for some time forbidden in Vienna, and more recently it gave offence in Rome at a moment when popular feeling was excited as to the relations of Austria with the Balkan States. Now if a comedy so remote from political passion as Arms and The Man can, merely because it refers to political facts, become so inconvenient and inopportune that Foreign Offices take the trouble to have its production postponed, what may not be the effect of what is called a patriotic drama produced at a moment when the balance is quivering between peace and war? Is there not something to be said for a political censorship, if not for a moral one? May not those continental governments who leave the stage practically free in every other respect, but muzzle it politically, be justified by the practical exigencies of the situation?
THE DIFFERENCE BETWEEN LAW AND CENSORSHIP
The answer is that a pamphlet, a newspaper article, or a resolution moved at a political meeting can do all the mischief that a play can, and often more; yet we do not set up a permanent censorship of the press or of political meetings. Any journalist may publish an article, any demagogue may deliver a speech without giving notice to the government or obtaining its licence. The risk of such freedom is great; but as it is the price of our political liberty, we think it worth paying. We may abrogate it in emergencies by a Coercion Act, a suspension of the Habeas Corpus Act, or a proclamation of martial law, just as we stop the traffic in a street during a fire, or shoot thieves at sight if they loot after an earthquake. But when the emergency is past, liberty is restored everywhere except in the theatre. The Act of 1843 is a permanent Coercion Act for the theatre, a permanent suspension of the Habeas Corpus Act as far as plays are concerned, a permanent proclamation of martial law with a single official substituted for a court martial. It is, in fact, assumed that actors, playwrights, and theatre managers are dangerous and dissolute characters whose existence creates a chronic state of emergency, and who must be treated as earthquake looters are treated. It is not necessary now to discredit this assumption. It was broken down by the late Sir Henry Irving when he finally shamed the Government into extending to his profession the official recognition enjoyed by the other branches of fine art. To-day we have on the roll of knighthood actors, authors, and managers. The rogue and vagabond theory of the depravity of the theatre is as dead officially as it is in general society; and with it has perished the sole excuse for the Act of 1843 and for the denial to the theatre of the liberties secured, at far greater social risk, to the press and the platform.
There is no question here of giving the theatre any larger liberties than the press and the platform, or of claiming larger powers for Shakespear to eulogize Brutus than Lord Rosebery has to eulogize Cromwell. The abolition of the censorship does not involve the abolition of the magistrate and of the whole civil and criminal code. On the contrary it would make the theatre more effectually subject to them than it is at present; for once a play now runs the gauntlet of the censorship, it is practically placed above the law. It is almost humiliating to have to demonstrate the essential difference between a censor and a magistrate or a sanitary inspector; but it is impossible to ignore the carelessness with which even distinguished critics of the theatre assume that all the arguments proper to the support of a magistracy and body of jurisprudence apply equally to a censorship.
A magistrate has laws to administer: a censor has nothing but his own opinion. A judge leaves the question of guilt to the jury: the Censor is jury and judge as well as lawgiver. A magistrate may be strongly prejudiced against an atheist or an anti- vaccinator, just as a sanitary inspector may have formed a careful opinion that drains are less healthy than cesspools; but the magistrate must allow the atheist to affirm instead of to swear, and must grant the anti-vaccinator an exemption certificate, when their demands are lawfully made; and in cities the inspector must compel the builder to make drains and must prosecute him if he makes cesspools. The law may be only the intolerance of the community; but it is a defined and limited intolerance. The limitation is sometimes carried so far that a judge cannot inflict the penalty for housebreaking on a burglar who can prove that he found the door open and therefore made only an unlawful entry. On the other hand, it is sometimes so vague, as for example in the case of the American law against obscenity, that it makes the magistrate virtually a censor. But in the main a citizen can ascertain what he may do and what he may not do; and, though no one knows better than a magistrate that a single ill-conducted family may demoralize a whole street, no magistrate can imprison or otherwise restrain its members on the ground that their immorality may corrupt their neighbors. He can prevent any citizen from carrying certain specified weapons, but not from handling pokers, table-knives, bricks or bottles of corrosive fluid, on the ground that he might use them to commit murder or inflict malicious injury. He has no general power to prevent citizens from selling unhealthy or poisonous substances, or judging for themselves what substances are unhealthy and what wholesome, what poisonous and what innocuous: what he CAN do is to prevent anybody who has not a specific qualification from selling certain specified poisons of which a schedule is kept. Nobody is forbidden to sell minerals without a licence; but everybody is forbidden to sell silver without a licence. When the law has forgotten some atrocious sin—for instance, contracting marriage whilst suffering from contagious disease—the magistrate cannot arrest or punish the wrongdoer, however he may abhor his wickedness. In short, no man is lawfully at the mercy of the magistrate's personal caprice, prejudice, ignorance, superstition, temper, stupidity, resentment, timidity, ambition, or private conviction. But a playwright's livelihood, his reputation, and his inspiration and mission are at the personal mercy of the Censor. The two do not stand, as the criminal and the judge stand, in the presence of a law that binds them both equally, and was made by neither of them, but by the deliberative collective wisdom of the community. The only law that affects them is the Act of 1843, which empowers one of them to do absolutely and finally what he likes with the other's work. And when it is remembered that the slave in this case is the man whose profession is that of Eschylus and Euripides, of Shakespear and Goethe, of Tolstoy and Ibsen, and the master the holder of a party appointment which by the nature of its duties practically excludes the possibility of its acceptance by a serious statesman or great lawyer, it will be seen that the playwrights are justified in reproaching the framers of that Act for having failed not only to appreciate the immense importance of the theatre as a most powerful instrument for teaching the nation how and what to think and feel, but even to conceive that those who make their living by the theatre are normal human beings with the common rights of English citizens. In this extremity of inconsiderateness it is not surprising that they also did not trouble themselves to study the difference between a censor and a magistrate. And it will be found that almost all the people who disinterestedly defend the censorship today are defending him on the assumption that there is no constitutional difference between him and any other functionary whose duty it is to restrain crime and disorder.
One further difference remains to be noted. As a magistrate grows old his mind may change or decay; but the law remains the same. The censorship of the theatre fluctuates with every change in the views and character of the man who exercises it. And what this implies can only be appreciated by those who can imagine what the effect on the mind must be of the duty of reading through every play that is produced in the kingdom year in, year out.
WHY THE LORD CHAMBERLAIN?
What may be called the high political case against censorship as a principle is now complete. The pleadings are those which have already freed books and pulpits and political platforms in England from censorship, if not from occasional legal persecution. The stage alone remains under a censorship of a grotesquely unsuitable kind. No play can be performed if the Lord Chamberlain happens to disapprove of it. And the Lord Chamberlain's functions have no sort of relationship to dramatic literature. A great judge of literature, a farseeing statesman, a born champion of liberty of conscience and intellectual integrity—say a Milton, a Chesterfield, a Bentham— would be a very bad Lord Chamberlain: so bad, in fact, that his exclusion from such a post may be regarded as decreed by natural law. On the other hand, a good Lord Chamberlain would be a stickler for morals in the narrowest sense, a busy-body, a man to whom a matter of two inches in the length of a gentleman's sword or the absence of a feather from a lady's head-dress would be a graver matter than the Habeas Corpus Act. The Lord Chamberlain, as Censor of the theatre, is a direct descendant of the King's Master of the Revels, appointed in 1544 by Henry VIII. To keep order among the players and musicians of that day when they performed at Court. This first appearance of the theatrical censor in politics as the whipper-in of the player, with its conception of the player as a rich man's servant hired to amuse him, and, outside his professional duties, as a gay, disorderly, anarchic spoilt child, half privileged, half outlawed, probably as much vagabond as actor, is the real foundation of the subjection of the whole profession, actors, managers, authors and all, to the despotic authority of an officer whose business it is to preserve decorum among menials. It must be remembered that it was not until a hundred years later, in the reaction against the Puritans, that a woman could appear on the English stage without being pelted off as the Italian actresses were. The theatrical profession was regarded as a shameless one; and it is only of late years that actresses have at last succeeded in living down the assumption that actress and prostitute are synonymous terms, and made good their position in respectable society. This makes the survival of the old ostracism in the Act of 1843 intolerably galling; and though it explains the apparently unaccountable absurdity of choosing as Censor of dramatic literature an official whose functions and qualifications have nothing whatever to do with literature, it also explains why the present arrangement is not only criticized as an institution, but resented as an insult.
THE DIPLOMATIC OBJECTION TO THE LORD CHAMBERLAIN
There is another reason, quite unconnected with the Susceptibilities of authors, which makes it undesirable that a member of the King's Household should be responsible for the character and tendency of plays. The drama, dealing with all departments of human life, is necessarily political. Recent events have shown—what indeed needed no demonstration—that it is impossible to prevent inferences being made, both at home and abroad, from the action of the Lord Chamberlain. The most talked- about play of the present year (1909), An Englishman's Home, has for its main interest an invasion of England by a fictitious power which is understood, as it is meant to be understood, to represent Germany. The lesson taught by the play is the danger of invasion and the need for every English citizen to be a soldier. The Lord Chamberlain licensed this play, but refused to license a parody of it. Shortly afterwards he refused to license another play in which the fear of a German invasion was ridiculed. The German press drew the inevitable inference that the Lord Chamberlain was an anti-German alarmist, and that his opinions were a reflection of those prevailing in St. James's Palace. Immediately after this, the Lord Chamberlain licensed the play. Whether the inference, as far as the Lord Chamberlain was concerned, was justified, is of no consequence. What is important is that it was sure to be made, justly or unjustly, and extended from the Lord Chamberlain to the Throne.
THE OBJECTION OF COURT ETIQUET
There is another objection to the Lord Chamberlain's censorship which affects the author's choice of subject. Formerly very little heed was given in England to the susceptibilities of foreign courts. For instance, the notion that the Mikado of Japan should be as sacred to the English playwright as he is to the Japanese Lord Chamberlain would have seemed grotesque a generation ago. Now that the maintenance of entente cordiale between nations is one of the most prominent and most useful functions of the crown, the freedom of authors to deal with political subjects, even historically, is seriously threatened by the way in which the censorship makes the King responsible for the contents of every play. One author—the writer of these lines, in fact—has long desired to dramatize the life of Mahomet. But the possibility of a protest from the Turkish Ambassador—or the fear of it—causing the Lord Chamberlain to refuse to license such a play has prevented the play from being written. Now, if the censorship were abolished, nobody but the author could be held responsible for the play. The Turkish Ambassador does not now protest against the publication of Carlyle's essay on the prophet, or of the English translations of the Koran in the prefaces to which Mahomet is criticized as an impostor, or of the older books in which he is reviled as Mahound and classed with the devil himself. But if these publications had to be licensed by the Lord Chamberlain it would be impossible for the King to allow the licence to be issued, as he would thereby be made responsible for the opinions expressed. This restriction of the historical drama is an unmixed evil. Great religious leaders are more interesting and more important subjects for the dramatist than great conquerors. It is a misfortune that public opinion would not tolerate a dramatization of Mahomet in Constantinople. But to prohibit it here, where public opinion would tolerate it, is an absurdity which, if applied in all directions, would make it impossible for the Queen to receive a Turkish ambassador without veiling herself, or the Dean and Chapter of St. Paul's to display a cross on the summit of their Cathedral in a city occupied largely and influentially by Jews. Court etiquet is no doubt an excellent thing for court ceremonies; but to attempt to impose it on the drama is about as sensible as an attempt to make everybody in London wear court dress.
WHY NOT AN ENLIGHTENED CENSORSHIP?
In the above cases the general question of censorship is separable from the question of the present form of it. Every one who condemns the principle of censorship must also condemn the Lord Chamberlain's control of the drama; but those who approve of the principle do not necessarily approve of the Lord Chamberlain being the Censor ex officio. They may, however, be entirely opposed to popular liberties, and may conclude from what has been said, not that the stage should be made as free as the church, press, or platform, but that these institutions should be censored as strictly as the stage. It will seem obvious to them that nothing is needed to remove all objections to a censorship except the placing of its powers in better hands.
Now though the transfer of the censorship to, say, the Lord Chancellor, or the Primate, or a Cabinet Minister, would be much less humiliating to the persons immediately concerned, the inherent vices of the institution would not be appreciably less disastrous. They would even be aggravated, for reasons which do not appear on the surface, and therefore need to be followed with some attention.
It is often said that the public is the real censor. That this is to some extent true is proved by the fact that plays which are licensed and produced in London have to be expurgated for the provinces. This does not mean that the provinces are more strait- laced, but simply that in many provincial towns there is only one theatre for all classes and all tastes, whereas in London there are separate theatres for separate sections of playgoers; so that, for example, Sir Herbert Beerbohm Tree can conduct His Majesty's Theatre without the slightest regard to the tastes of the frequenters of the Gaiety Theatre; and Mr. George Edwardes can conduct the Gaiety Theatre without catering in any way for lovers of Shakespear. Thus the farcical comedy which has scandalized the critics in London by the libertinage of its jests is played to the respectable dress circle of Northampton with these same jests slurred over so as to be imperceptible by even the most prurient spectator. The public, in short, takes care that nobody shall outrage it.
But the public also takes care that nobody shall starve it, or regulate its dramatic diet as a schoolmistress regulates the reading of her pupils. Even when it wishes to be debauched, no censor can—or at least no censor does—stand out against it. If a play is irresistibly amusing, it gets licensed no matter what its moral aspect may be. A brilliant instance is the Divorcons of the late Victorien Sardou, which may not have been the naughtiest play of the 19th century, but was certainly the very naughtiest that any English manager in his senses would have ventured to produce. Nevertheless, being a very amusing play, it passed the licenser with the exception of a reference to impotence as a ground for divorce which no English actress would have ventured on in any case. Within the last few months a very amusing comedy with a strongly polygamous moral was found irresistible by the Lord Chamberlain. Plenty of fun and a happy ending will get anything licensed, because the public will have it so, and the Examiner of Plays, as the holder of the office testified before the Commission of 1892 (Report, page 330), feels with the public, and knows that his office could not survive a widespread unpopularity. In short, the support of the mob—that is, of the unreasoning, unorganized, uninstructed mass of popular sentiment—is indispensable to the censorship as it exists to- day in England. This is the explanation of the toleration by the Lord Chamberlain of coarse and vicious plays. It is not long since a judge before whom a licensed play came in the course of a lawsuit expressed his scandalized astonishment at the licensing of such a work. Eminent churchmen have made similar protests. In some plays the simulation of criminal assaults on the stage has been carried to a point at which a step further would have involved the interference of the police. Provided the treatment of the theme is gaily or hypocritically popular, and the ending happy, the indulgence of the Lord Chamberlain can be counted on. On the other hand, anything unpleasing and unpopular is rigorously censored. Adultery and prostitution are tolerated and even encouraged to such an extent that plays which do not deal with them are commonly said not to be plays at all. But if any of the unpleasing consequences of adultery and prostitution—for instance, an UNSUCCESSFUL illegal operation (successful ones are tolerated) or venereal disease—are mentioned, the play is prohibited. This principle of shielding the playgoer from unpleasant reflections is carried so far that when a play was submitted for license in which the relations of a prostitute with all the male characters in the piece was described as "immoral," the Examiner of Plays objected to that passage, though he made no objection to the relations themselves. The Lord Chamberlain dare not, in short, attempt to exclude from the stage the tragedies of murder and lust, or the farces of mendacity, adultery, and dissolute gaiety in which vulgar people delight. But when these same vulgar people are threatened with an unpopular play in which dissoluteness is shown to be no laughing matter, it is prohibited at once amid the vulgar applause, the net result being that vice is made delightful and virtue banned by the very institution which is supported on the understanding that it produces exactly the opposite result.
THE WEAKNESS OF THE LORD CHAMBERLAIN'S DEPARTMENT
Now comes the question, Why is our censorship, armed as it is with apparently autocratic powers, so scandalously timid in the face of the mob? Why is it not as autocratic in dealing with playwrights below the average as with those above it? The answer is that its position is really a very weak one. It has no direct co-ercive forces, no funds to institute prosecutions and recover the legal penalties of defying it, no powers of arrest or imprisonment, in short, none of the guarantees of autocracy. What it can do is to refuse to renew the licence of a theatre at which its orders are disobeyed. When it happens that a theatre is about to be demolished, as was the case recently with the Imperial Theatre after it had passed into the hands of the Wesleyan Methodists, unlicensed plays can be performed, technically in private, but really in full publicity, without risk. The prohibited plays of Brieux and Ibsen have been performed in London in this way with complete impunity. But the impunity is not confined to condemned theatres. Not long ago a West End manager allowed a prohibited play to be performed at his theatre, taking his chance of losing his licence in consequence. The event proved that the manager was justified in regarding the risk as negligible; for the Lord Chamberlain's remedy—the closing of a popular and well-conducted theatre—was far too extreme to be practicable. Unless the play had so outraged public opinion as to make the manager odious and provoke a clamor for his exemplary punishment, the Lord Chamberlain could only have had his revenge at the risk of having his powers abolished as unsupportably tyrannical.
The Lord Chamberlain then has his powers so adjusted that he is tyrannical just where it is important that he should be tolerant, and tolerant just where he could screw up the standard a little by being tyrannical. His plea that there are unmentionable depths to which managers and authors would descend if he did not prevent them is disproved by the plain fact that his indulgence goes as far as the police, and sometimes further than the public, will let it. If our judges had so little power there would be no law in England. If our churches had so much, there would be no theatre, no literature, no science, no art, possibly no England. The institution is at once absurdly despotic and abjectly weak.
AN ENLIGHTENED CENSORSHIP STILL WORSE THAN THE LORD CHAMBERLAIN'S
Clearly a censorship of judges, bishops, or statesmen would not be in this abject condition. It would no doubt make short work of the coarse and vicious pieces which now enjoy the protection of the Lord Chamberlain, or at least of those of them in which the vulgarity and vice are discoverable by merely reading the prompt copy. But it would certainly disappoint the main hope of its advocates: the hope that it would protect and foster the higher drama. It would do nothing of the sort. On the contrary, it would inevitably suppress it more completely than the Lord Chamberlain does, because it would understand it better. The one play of Ibsen's which is prohibited on the English stage, Ghosts, is far less subversive than A Doll's House. But the Lord Chamberlain does not meddle with such far-reaching matters as the tendency of a play. He refuses to license Ghosts exactly as he would refuse to license Hamlet if it were submitted to him as a new play. He would license even Hamlet if certain alterations were made in it. He would disallow the incestuous relationship between the King and Queen. He would probably insist on the substitution of some fictitious country for Denmark in deference to the near relations of our reigning house with that realm. He would certainly make it an absolute condition that the closet scene, in which a son, in an agony of shame and revulsion, reproaches his mother for her relations with his uncle, should be struck out as unbearably horrifying and improper. But compliance with these conditions would satisfy him. He would raise no speculative objections to the tendency of the play.
This indifference to the larger issues of a theatrical performance could not be safely predicated of an enlightened censorship. Such a censorship might be more liberal in its toleration of matters which are only objected to on the ground that they are not usually discussed in general social conversation or in the presence of children; but it would presumably have a far deeper insight to and concern for the real ethical tendency of the play. For instance, had it been in existence during the last quarter of a century, it would have perceived that those plays of Ibsen's which have been licensed without question are fundamentally immoral to an altogether extraordinary degree. Every one of them is a deliberate act of war on society as at present constituted. Religion, marriage, ordinary respectability, are subjected to a destructive exposure and criticism which seems to mere moralists—that is, to persons of no more than average depth of mind—to be diabolical. It is no exaggeration to say that Ibsen gained his overwhelming reputation by undertaking a task of no less magnitude than changing the mind of Europe with the view of changing its morals. Now you cannot license work of that sort without making yourself responsible for it. The Lord Chamberlain accepted the responsibility because he did not understand it or concern himself about it. But what really enlightened and conscientious official dare take such a responsibility? The strength of character and range of vision which made Ibsen capable of it are not to be expected from any official, however eminent. It is true that an enlightened censor might, whilst shrinking even with horror from Ibsen's views, perceive that any nation which suppressed Ibsen would presently find itself falling behind the nations which tolerated him just as Spain fell behind England; but the proper action to take on such a conviction is the abdication of censorship, not the practise of it. As long as a censor is a censor, he cannot endorse by his licence opinions which seem to him dangerously heretical.
We may, therefore, conclude that the more enlightened a censorship is, the worse it would serve us. The Lord Chamberlain, an obviously unenlightened Censor, prohibits Ghosts and licenses all the rest of Ibsen's plays. An enlightened censorship would possibly license Ghosts; but it would certainly suppress many of the other plays. It would suppress subversiveness as well as what is called bad taste. The Lord Chamberlain prohibits one play by Sophocles because, like Hamlet, it mentions the subject of incest; but an enlightened censorship might suppress all the plays of Euripides because Euripides, like Ibsen, was a revolutionary Freethinker. Under the Lord Chamberlain, we can smuggle a good deal of immoral drama and almost as much coarsely vulgar and furtively lascivious drama as we like. Under a college of cardinals, or bishops, or judges, or any other conceivable form of experts in morals, philosophy, religion, or politics, we should get little except stagnant mediocrity.
THE PRACTICAL IMPOSSIBILITIES OF CENSORSHIP
There is, besides, a crushing material difficulty in the way of an enlightened censorship. It is not too much to say that the work involved would drive a man of any intellectual rank mad. Consider, for example, the Christmas pantomimes. Imagine a judge of the High Court, or an archbishop, or a Cabinet Minister, or an eminent man of letters, earning his living by reading through the mass of trivial doggerel represented by all the pantomimes which are put into rehearsal simultaneously at the end of every year. The proposal to put such mind-destroying drudgery upon an official of the class implied by the demand for an enlightened censorship falls through the moment we realize what it implies in practice.
Another material difficulty is that no play can be judged by merely reading the dialogue. To be fully effective a censor should witness the performance. The mise-en-scene of a play is as much a part of it as the words spoken on the stage. No censor could possibly object to such a speech as "Might I speak to you for a moment, miss"; yet that apparently innocent phrase has often been made offensively improper on the stage by popular low comedians, with the effect of changing the whole character and meaning of the play as understood by the official Examiner. In one of the plays of the present season, the dialogue was that of a crude melodrama dealing in the most conventionally correct manner with the fortunes of a good-hearted and virtuous girl. Its morality was that of the Sunday school. But the principal actress, between two speeches which contained no reference to her action, changed her underclothing on the stage? It is true that in this case the actress was so much better than her part that she succeeded in turning what was meant as an impropriety into an inoffensive stroke of realism; yet it is none the less clear that stage business of this character, on which there can be no check except the actual presence of a censor in the theatre, might convert any dialogue, however innocent, into just the sort of entertainment against which the Censor is supposed to protect the public.
It was this practical impossibility that prevented the London County Council from attempting to apply a censorship of the Lord Chamberlain's pattern to the London music halls. A proposal to examine all entertainments before permitting their performance was actually made; and it was abandoned, not in the least as contrary to the liberty of the stage, but because the executive problem of how to do it at once reduced the proposal to absurdity. Even if the Council devoted all its time to witnessing rehearsals of variety performances, and putting each item to the vote, possibly after a prolonged discussion followed by a division, the work would still fall into arrear. No committee could be induced to undertake such a task. The attachment of an inspector of morals to each music hall would have meant an appreciable addition to the ratepayers' burden. In the face of such difficulties the proposal melted away. Had it been pushed through, and the inspectors appointed, each of them would have become a censor, and the whole body of inspectors would have become a police des moeurs. Those who know the history of such police forces on the continent will understand how impossible it would be to procure inspectors whose characters would stand the strain of their opportunities of corruption, both pecuniary and personal, at such salaries as a local authority could be persuaded to offer.
It has been suggested that the present censorship should be supplemented by a board of experts, who should deal, not with the whole mass of plays sent up for license, but only those which the Examiner of Plays refuses to pass. As the number of plays which the Examiner refuses to pass is never great enough to occupy a Board in permanent session with regular salaries, and as casual employment is not compatible with public responsibility, this proposal would work out in practice as an addition to the duties of some existing functionary. A Secretary of State would be objectionable as likely to be biased politically. An ecclesiastical referee might be biassed against the theatre altogether. A judge in chambers would be the proper authority. This plan would combine the inevitable intolerance of an enlightened censorship with the popular laxity of the Lord Chamberlain.
The judge would suppress the pioneers, whilst the Examiner of Plays issued two guinea certificates for the vulgar and vicious plays. For this reason the plan would no doubt be popular; but it would be very much as a relaxation of the administration of the Public Health Acts accompanied by the cheapening of gin would be popular.
THE ARBITRATION PROPOSAL
On the occasion of a recent deputation of playwrights to the Prime Minister it was suggested that if a censorship be inevitable, provision should be made for an appeal from the Lord Chamberlain in cases of refusal of licence. The authors of this suggestion propose that the Lord Chamberlain shall choose one umpire and the author another. The two umpires shall then elect a referee, whose decision shall be final.
This proposal is not likely to be entertained by constitutional lawyers. It is a naive offer to accept the method of arbitration in what is essentially a matter, not between one private individual or body and another, but between a public offender and the State. It will presumably be ruled out as a proposal to refer a case of manslaughter to arbitration would be ruled out. But even if it were constitutionally sound, it bears all the marks of that practical inexperience which leads men to believe that arbitration either costs nothing or is at least cheaper than law. Who is to pay for the time of the three arbitrators, presumably men of high professional standing? The author may not be able: the manager may not be willing: neither of them should be called upon to pay for a public service otherwise than by their contributions to the revenue. Clearly the State should pay. But even so, the difficulties are only beginning. A licence is seldom refused except on grounds which are controversial.
The two arbitrators selected by the opposed parties to the controversy are to agree to leave the decision to a third party unanimously chosen by themselves. That is very far from being a simple solution. An attempt to shorten and simplify the passing of the Finance Bill by referring it to an arbitrator chosen unanimously by Mr. Asquith and Mr. Balfour might not improbably cost more and last longer than a civil war. And why should the chosen referee—if he ever succeeded in getting chosen—be assumed to be a safer authority than the Examiner of Plays? He would certainly be a less responsible one: in fact, being (however eminent) a casual person called in to settle a single case, he would be virtually irresponsible. Worse still, he would take all responsibility away from the Lord Chamberlain, who is at least an official of the King's Household and a nominee of the Government. The Lord Chamberlain, with all his shortcomings, thinks twice before he refuses a licence, knowing that his refusal is final and may promptly be made public. But if he could transfer his responsibility to an arbitrator, he would naturally do so whenever he felt the slightest misgiving, or whenever, for diplomatic reasons, the licence would come more gracefully from an authority unconnected with the court. These considerations, added to the general objection to the principle of censorship, seem sufficient to put the arbitration expedient quite out of the question.
END OF THE FIRST PART OF THE REJECTED STATEMENT.
THE REJECTED STATEMENT: PART TWO
THE LICENSING OF THEATRES
THE DISTINCTION BETWEEN LICENSING AND CENSORSHIP
It must not be concluded that the uncompromising abolition of all censorship involves the abandonment of all control and regulation of theatres. Factories are regulated in the public interest; but there is no censorship of factories. For example, many persons are sincerely convinced that cotton clothing is unhealthy; that alcoholic drinks are demoralizing; and that playing-cards are the devil's picture-books. But though the factories in which cotton, whiskey, and cards are manufactured are stringently regulated under the factory code and the Public Health and Building Acts, the inspectors appointed to carry out these Acts never go to a manufacturer and inform him that unless he manufactures woollens instead of cottons, ginger-beer instead of whiskey, Bibles instead of playing-cards, he will be forbidden to place his products on the market. In the case of premises licensed for the sale of spirits the authorities go a step further. A public-house differs from a factory in the essential particular that whereas disorder in a factory is promptly and voluntarily suppressed, because every moment of its duration involves a measurable pecuniary loss to the proprietor, disorder in a public-house may be a source of profit to the proprietor by its attraction for disorderly customers. Consequently a publican is compelled to obtain a licence to pursue his trade; and this licence lasts only a year, and need not be renewed if his house has been conducted in a disorderly manner in the meantime.
PROSTITUTION AND DRINK IN THEATRES
The theatre presents the same problem as the public-house in respect to disorder. To begin with, a theatre is actually a place licensed for the sale of spirits. The bars at a London theatre can be let without difficulty for 30 pounds a week and upwards. And though it is clear that nobody will pay from a shilling to half a guinea for access to a theatre bar when he can obtain access to an ordinary public-house for nothing, there is no law to prevent the theatre proprietor from issuing free passes broadcast and recouping himself by the profit on the sale of drink. Besides, there may be some other attraction than the sale of drink. When this attraction is that of the play no objection need be made. But it happens that the auditorium of a theatre, with its brilliant lighting and luxurious decorations, makes a very effective shelter and background for the display of fine dresses and pretty faces. Consequently theatres have been used for centuries in England as markets by prostitutes. From the Restoration to the days of Macready all theatres were made use of in this way as a matter of course; and to this, far more than to any prejudice against dramatic art, we owe the Puritan formula that the theatre door is the gate of hell. Macready had a hard struggle to drive the prostitutes from his theatre; and since his time the London theatres controlled by the Lord Chamberlain have become respectable and even socially pretentious. But some of the variety theatres still derive a revenue by selling admissions to women who do not look at the performance, and men who go to purchase or admire the women. And in the provinces this state of things is by no means confined to the variety theatres. The real attraction is sometimes not the performance at all. The theatre is not really a theatre: it is a drink shop and a prostitution market; and the last shred of its disguise is stripped by the virtually indiscriminate issue of free tickets to the men. Access to the stage is so easily obtained; and the plays preferred by the management are those in which the stage is filled with young women who are not in any serious technical sense of the word actresses at all. Considering that all this is now possible at any theatre, and actually occurs at some theatres, the fact that our best theatres are as respectable as they are is much to their credit; but it is still an intolerable evil that respectable managers should have to fight against the free tickets and disorderly housekeeping of unscrupulous competitors. The dramatic author is equally injured. He finds that unless he writes plays which make suitable sideshows for drinking-bars and brothels, he may be excluded from towns where there is not room for two theatres, and where the one existing theatre is exploiting drunkenness and prostitution instead of carrying on a legitimate dramatic business. Indeed everybody connected with the theatrical profession suffers in reputation from the detestable tradition of such places, against which the censorship has proved quite useless.
Here we have a strong case for applying either the licensing system or whatever better means may be devized for securing the orderly conduct of houses of public entertainment, dramatic or other. Liberty must, no doubt, be respected in so far that no manager should have the right to refuse admission to decently dressed, sober, and well-conducted persons, whether they are prostitutes, soldiers in uniform, gentlemen not in evening dress, Indians, or what not; but when disorder is stopped, disorderly persons will either cease to come or else reform their manners. It is, however, quite arguable that the indiscriminate issue of free admissions, though an apparently innocent and good- natured, and certainly a highly popular proceeding, should expose the proprietor of the theatre to the risk of a refusal to renew his licence.
WHY THE MANAGERS DREAD LOCAL CONTROL
All this points to the transfer of the control of theatres from the Lord Chamberlain to the municipality. And this step is opposed by the long-run managers, partly because they take it for granted that municipal control must involve municipal censorship of plays, so that plays might be licensed in one town and prohibited in the next, and partly because, as they have no desire to produce plays which are in advance of public opinion, and as the Lord Chamberlain in every other respect gives more scandal by his laxity than trouble by his severity, they find in the present system a cheap and easy means of procuring a certificate which relieves them of all social responsibility, and provides them with so strong a weapon of defence in case of a prosecution that it acts in practice as a bar to any such proceedings. Above all, they know that the Examiner of Plays is free from the pressure of that large body of English public opinion already alluded to, which regards the theatre as the Prohibitionist Teetotaller regards the public-house: that is, as an abomination to be stamped out unconditionally. The managers rightly dread this pressure more than anything else; and they believe that it is so strong in local governments as to be a characteristic bias of municipal authority. In this they are no doubt mistaken. There is not a municipal authority of any importance in the country in which a proposal to stamp out the theatre, or even to treat it illiberally, would have a chance of adoption. Municipal control of the variety theatres (formerly called music halls) has been very far from liberal, except in the one particular in which the Lord Chamberlain is equally illiberal. That particular is the assumption that a draped figure is decent and an undraped one indecent. It is useless to point to actual experience, which proves abundantly that naked or apparently naked figures, whether exhibited as living pictures, animated statuary, or in a dance, are at their best not only innocent, but refining in their effect, whereas those actresses and skirt dancers who have brought the peculiar aphrodisiac effect which is objected to to the highest pitch of efficiency wear twice as many petticoats as an ordinary lady does, and seldom exhibit more than their ankles. Unfortunately, municipal councillors persist in confusing decency with drapery; and both in London and the provinces certain positively edifying performances have been forbidden or withdrawn under pressure, and replaced by coarse and vicious ones. There is not the slightest reason to suppose that the Lord Chamberlain would have been any more tolerant; but this does not alter the fact that the municipal licensing authorities have actually used their powers to set up a censorship which is open to all the objections to censorship in general, and which, in addition, sets up the objection from which central control is free: namely, the impossibility of planning theatrical tours without the serious commercial risk of having the performance forbidden in some of the towns booked. How can this be prevented?