Wrong and Right Methods of Dealing with Social Evil/Chapter 3
CHAPTER III.
THE REPRESSIVE SYSTEM, IN REFERENCE TO MUNICIPAL ACTION.
The facts recorded in the foregoing pages prove the dangers arising from letting vice alone; and they also prove to demonstration, the social demoralization resulting from the registration and regulation of the women who take part in promiscuous intercourse.
It is seen that the first system permits great and dangerous evils to run into license, leaving them to be dealt with solely through individual effort, and through the action of the moral and religious organizations, which in a Christian country gradually arise to combat them—organizations indispensable to social progress, but lacking the coherence, force, and educating influence of righteous law.
It is seen also that the last system gradually destroys individual responsibility; little by little it produces cynicism, corruption, and a deep-seated moral degradation in all classes of society, which at last kills the sense of evil in the individual conscience, and thus destroys both the will and the power of a nation to regenerate itself.
It is now necessary to consider in what rightful ways municipal regulation and national law may check disorder and disease, and repress licentiousness in men and women.
These methods will constitute the "Repressive System"—the only righteous method of dealing with vice by means of law.
In reference to municipal action, it is necessary to dwell somewhat at length upon the method employed in Glasgow, because in that city we have proof from actual experience, that all the beneficial results vainly sought for by the Female Regulation System can be obtained without the destruction of social conscience which inevitably follows that corrupt method of organizing female vice.[1]
Glasgow has not yet solved all the problems connected with this vital subject, but it is on the right way to do so. The authorities distinctly recognize that vice in men, as well as in women, must be checked, in any radical method of improvement, and this is the essential point for our century to consider.
The Repressive System, as seen in Glasgow, is the combination of just law, municipal vigilance, and private beneficence, applied to one root of licentiousness. Glasgow is one of the principal British manufacturing towns. It contained in 1881 over half a million of inhabitants. Its size and character will indicate the amount of squalid misery and corruption always found in such a town. The following passage in the evidence shows the astounding condition which formerly existed in this great ship-building and manufacturing town, under the "Let alone" system:
"From twenty to thirty years ago brothels were large places, occupying three or four flats, with a large number of windows, and in the evenings they were all lighted up, the blinds drawn up, so as to attract outward attention, and very frequently you would have seen the inmates lying over the window in a semi-nude state, just to draw the attention of men passing along the streets. It used to be quite a common thing on fine summer afternoons for the keepers of such houses to bring out a squad of women who were living in the house, and parade the principal streets dressed up in their best clothes, and make a circuit round and back to their houses, so as to let it be known where they were to be had."
Mr. McCall, who gives this evidence, has been on the police force for 31 years. All his testimony is given from personal knowledge. In 1870 he was placed in the office of Chief of the police force of Glasgow, a force now numbering 1,069 men. The results of the vigorous administration of existing law during the past eleven years, which he was instructed by the Common Council to carry out, are given in this evidence.
The first and essential step in reform was the growing intelligence of Glasgow public opinion. This opinion demanded more vigorous action. The law was amended by the persistent efforts of the "Repressive Committee" of citizens (to be noted later); and to enforce the law, the police were required to occupy their legitimate position in serving and aiding the citizens.
The necessity of public opinion in directing and supporting the execution of law is constantly referred to in the evidence. Thus, it is said: "Previously to the Act of 1862 the people of Glasgow just thought it (manifestation of vice) was a nuisance that they had to submit to. But, after the provisions of the 1862 Act were more or less exercised, public opinion began to grow, so that it was not regarded as a nuisance that was to be submitted to without something being done to repress it."
Again, it is said, "By 1870, public opinion had matured to such an extent that it was expected that the authorities would do their utmost to repress every brothel, and every manifestation of prostitution that was possible under the Act." (7408 to 10.) Again, it is said, "Public opinion in Glasgow had matured so in 1870, that it would go even beyond the length which the authorities were going in their endeavors to suppress this abomination in the city." Again (7571), "The motive power is the citizen." "It is always a great advantage to have public opinion on your side." (7504 to 6.)
This essential condition of watchful public opinion existing in Glasgow in 1870, when Mr. McCall was placed at the head of the police force, he was required to enforce the existing Act, which, established in '43, and amended in '62, and again in '66, had, from the inertia of the citizens, been allowed to remain, for the most part, as a dead letter.
The law of 1843 enacted "That the owner or lessee of any premises or place of public resort, who shall permit men and women of bad fame, or dissolute boys and girls, to assemble therein, shall forfeit a sum not exceeding £10, to be recovered by summary jurisdiction; that the magistrates may require security for good behavior from such person, and, in case of repeated offence, imprison, eject, or otherwise punish such offender."
A later amendment of the Act confers the following important, but carefully guarded, powers: "Any citizen possessing evidence of the wrongful use of house or premises, may apply to the police, and the magistrate, on complaint of the Procurator-Fiscal, grants a search warrant, lasting thirty days, by means of which an officer of police, accompanied always by an entirely independent witness, may at any time enter such place, and carry off persons or things in evidence. The complaint of the citizen must be the first step in the proceedings." (7401).
In Section 7533 it is stated, "It does not matter whether the brothel has been conducted quietly or not, if a citizen, appearing, states to the magistrate that it is a brothel, and a superior official, a superintendent of the police, can corroborate that citizen in his statement,[2] the magistrate is required to issue a warrant, and that warrant extends for thirty days; and, if the police at any time during that thirty days find men and women in the house for the purpose of prostitution, they take into custody the person in charge of the house, the woman who may be the proprietress of the brothel, or any one that she may have managing it for her." Magistrates may inflict fine or imprisonment, and a second time may close the house. But this has never yet been necessary. The people wind it up of themselves. (7570-71.) "The motive power in applying for a warrant must be the citizen. The motive power must always be independent of the police."
By another section of the Act public solicitation is made illegal: "Every prostitute or street-walker[3] loitering in any road, street, court, or common stair, or importuning passengers for the purpose of prostitution shall be liable to a fine of 10s. or 14 days' imprisonment." The powers thus conferred to suppress brothels, and to maintain order and decency in the streets, violate no constitutional rights, and leave the police force responsible to the municipality. The police in Glasgow are not a foreign body, imposed by some distant power, and irresponsible to the authorities of the town. The police wear their uniform; they are not disguised in plain clothes as spies upon the inhabitants. Again, the police are required to join the support of the respectable citizen to their own action, whenever they are obliged to perform exceptional acts.
Since 1870 these powers have been vigorously used. Mr. McCall states: "I have held out every facility that the Act affords to the citizens to make a complaint to the Magistrates under the provisions of the Act, so as to suppress those places; and so far as the police, again, are concerned, they have received very strict instructions from myself, that they were to do their utmost to repress this street prostitution, and both those branches have been carried out vigorously."
Two important institutions of Glasgow must here be noted, because they have contributed largely to the very remarkable success which will now be shown to have attended the action of the Glasgow authorities. These two institutions are: 1st, the Magdalen Homes; 2d, the special hospital provision which is freely made for the sick. These institutions were created, and are maintained by private beneficence of entirely spontaneous and independent character, and they are indispensable to any wise repression of these formidable evils.
The large Magdalen Institution has long existed in Glasgow; it has homes connected with it. Into this institution any fallen woman not diseased may enter. There is a very important Committee connected with this institution, called the Repressive Committee. To the initiative of this Committee, which contained several able lawyers, much of the judicious action in Glasgow may be traced. The business of this Committee, besides the special work of rescue, includes the important function of seeing that the authorities are doing their duty in suppressing street solicitation and brothels. (7472.)
The other old institution of Glasgow is the hospital provision, which never refuses free medical aid to any applicant. If any woman, applying for admission to the Homes, requires special medical treatment, she is advised to go to the Hospital, and then return to the Home when cured.
These two large institutions are well supported by voluntary contributions. They are quite independent of the police, but working in harmony with them.
The Glasgow administration—which, as we have seen, includes repressive law, municipal vigilance, and organized beneficence—has been carried on since 1870. Its results may be noted under the seven following heads:
First.—The streets have been cleared of the disreputable business of solicitation and assignation, and left free for their legitimate use as safe and decent thoroughfares.
Second.—The number of brothels has been steadily and largely decreased, notwithstanding the growing population.
Third.—Clandestine prostitution, judging from the most careful observation possible, has decreased generally in the same ratio as the brothels.
Fourth.—There has been a slight decrease in illegitimacy.
Fifth.—An increased desire to reform has been shown by fallen women.
Sixth.—Crime, always connected with vice, has diminished.
Seventh.—Disease, which arises from promiscuous intercourse, has decreased.
Mr. McCall's evidence as to these excellent results is confirmed by a variety of entirely independent evidence. There are not only the series of police reports and criminal returns for the city of Glasgow presented every year to the Lord Provost, the Magistrates, and the Town Council, but there are also the tables of the Registrar-General. There are also the annual reports of the Lock Hospital, and also those of the Magdalen Homes, the reports of these two independent institutions being annually submitted to the city authorities.
It is of the highest importance to note the evidence under these seven heads. Thus, in relation to the condition of the streets, it is said (7413): "This moral clearance of the streets has diminished the number of thefts from the person; but more important than the preservation of property, it has, by removing seductive temptations, saved the young and thoughtless of both sexes from straying from the paths of virtue, and preserved the happiness of many a home" (7405).
"Order and decency are maintained in the streets." (7407). "You may now go along the streets without any interruption."
The facts in relation to brothels, and the effect of law and public opinion upon them, is noteworthy. In 1849, with a population of 314,000, and an inert public opinion, there were 211 brothels, with 538 inmates. In 1870, with a population of 510,816, and a public opinion gradually awakening to the evil, there were 204 brothels. After nine years of vigorous measures required by the citizens, the brothels were reduced to less than one-seventh of the original number. This remarkable result shows the power of public opinion when it demands and supports the enforcement of law.
The great and mischievous error, that vigorous repression of the public manifestations of vice is necessarily productive of an increase of secret vice, is entirely disproved by carefully recorded facts in the municipal experience of this great city of Glasgow.
In his answers to questions (7644-5) Mr. McCall declares, "It is a matter of fact, not mere conjecture, that the administration has reduced the number of prostitutes not residing in brothels." "I have no doubt that the number in Glasgow has been very much reduced in the ratio that the brothels have been reduced." Again (7537), "I am persuaded, especially as regards young men, that taking away the temptation in the streets lessens the desire to go to these women." Again (7413), "It has been alleged that these women have only been distributed and forced into more private resorts. All my inquiries and observations, however, are opposed to the truth of such a statement." Again (7585), "I have not the slightest doubt in my own mind, as a police officer, that the number of prostitutes in Glasgow and its suburbs has been reduced."
There is abundant testimony from this experienced officer, who, with his little army of 1,069 men, is watching this evil, day and night, that, as the brothel-keepers find it unprofitable to keep up their trade, owing to the frequent interference of the authorities, so other branches of this vile trade are also diminishing, under the action of public opinion enforcing law.
This police evidence is supported by the formally-stated and quite independent report of benevolent institutions. Thus the managers of the Magdalen Institution and its connected homes, state: "The Homes during the past year have been kept full, mainly owing to the wholesome enforcement of the Police Act against street solicitation and improper houses. This much-needed repressive action on the part of our civic authorities has had the effect of partially protecting the virtuous, and making the practice of vice more difficult, whilst it has led to a desire on the part of many to be delivered from a life of evil" (7413). In proof of this the statistics of the inmates are given. These, which were only 46 in the year 1860, before public opinion had awakened, had risen to 114 in the year 1871. The number has continued to increase in direct ratio to the vigor of the administration, reaching 244 in 1880 (7463). As stated by Mr. McCall, "They find their calling is so hard and so unprofitable now, that they are glad to take refuge in the institution."
It is said, in relation to the women who enter the hospital: "The poor diseased persons it receives and cures are chiefly young, ignorant, almost always friendless, and wretched; and until brought under the influence and affectionate counsels of the matron, have scarcely ever known what it is to have a kind word spoken to, or a kind action done for, them." In examining the reports of the Magdalen Institutions, it is found that a large percentage are placed in situations or restored to friends. In 1879 fifty-one per cent. were thus aided. The reports abound with letters from these grateful girls.
The important subject of venereal disease is successfully met and provided for, as far as fallen women are concerned. Any measures which tend to check promiscuous intercourse are necessarily beneficial, because it is this evil which is the origin and cause of disease.
No woman who is diseased is admitted as a resident of the Magdalen Institution. No compulsion is exercised, but she is advised to enter the Lock Hospital, and afterward return to the Magdalen. The proportion of women whom the Magdalen has been obliged to recommend to the Lock Hospital has grown less. In 1872, 34.7 per cent. were sent to hospital. In 1880 the percentage had fallen to 18.03, showing the diminution in disease. This is confirmed by the annual reports of the Lock Hospital during the past ten years, which repeatedly refer to the abatement in disease, caused in part by the energetic action of the local authorities in enforcement of the laws for the repression of vice.
In 1875 the gratifying result is presented of 414 patients dismissed as cured, out of 446 under treatment, with the remark, "The medical officers, from careful observation of the character of the disease, arrive at the conclusion that its virulence has been diminished" (7558). In 1878 the medical officer reports: "In reference to the period during which each patient remains under treatment, and the beneficial influence on the public health, the period of residence has been gradually diminishing; the disease is decidedly less virulent in its character than formerly, and is not so commonly found amongst the lower and working classes of the population."
The last Hospital Report for 1880 is as follows: "The medical officers append the following statement: Since the year 1805 the objects which the benevolent founder of this institution had in view have been carried out, and the results are that in this large city, with more than half a million of population, the diseases for which this hospital was opened have become milder in their type, altogether less fatal, and more amenable to treatment than formerly, while at the same time its frequency has greatly diminished, and its effects, even upon the better classes of people, are not so often the subject of medical observation. One of the causes is that there is no restriction placed on the admission of patients—no case is refused from want of accommodation. Every encouragement is afforded, and as the patients are seen early, they are more readily cured. They are kindly treated and spoken to, and ample facilities are afforded them of beginning a new life." Acknowledgment is also given in these hospital reports to "the praiseworthy zeal of the magistracy of the city in vigorously applying the law for the repression and suppression of the particular vice from which these diseases spring."
It should be noted here that the authorities of Glasgow are citizen magistrates, directly responsible to the electors; not stipendiary magistrates elected triennially from among the Town Councillors, and thus farther removed from a responsibility to public opinion.
Another quite independent proof of the wisdom of just repressive law is found in the Registrar-General's tables of illegitimacy. These show a decrease of such births in Glasgow during this administration. In 1869 the tables show the proportion of illegitimate to legitimate births to be in 1869, 9.7; in 1870, 9.5; in 1871, 9.4. In the last report it had fallen to 8.2, having fallen from 9.7 to 8.2 during the ten years, or the period of active enforcement of law.
The reports showing the relation of crime and vice, and its diminution when active measures are taken to repress vice, are noteworthy, as they afford such a re-markable contrast to the increase of crime which has been shown to exist in Paris under the Female Organization system.
It is stated, "The summary of thefts is instructive of the good which has flowed from the efforts made by the magistrates and police to minimize street prostitution and brothel-keeping in the Municipality. From the years from 1860 to 1869 the total number of informations lodged for street thefts, with or without violence, was 5,067, and the value of the property stolen was £24,446 2s. 4d. From 1870 to 1879 the number of informations of thefts was 2,887, and the value of the property stolen was £11,508 19s. 4d. Thus also in thefts committed in brothels during the first period informations were 3,804, and property stolen £16,843 12s. 6d., but during the latter period only 808 informations, with value of property, £3,077 1s. 11 d.
The testimony of this intelligent, honest, and experienced head of police is thus summarized: "Notwithstanding the frequently expressed opinion of well-meaning people, who take, as they state, a philosophical view of prostitution and brothel-keeping, and, from their mode of reasoning, arrive at the conclusion that both are necessary evils, and incapable of being either eradicated or greatly diminished, I consider myself justified in the opinion that the results indicated above, and which have been brought about by a steady and persistent application of the law by the authorities, have been of very great advantage to this community. Viewed from no higher stand-point than that of profit and loss in property, the benefits are apparent and tangible; but when the social and moral advantages are taken into account, the removal of seductive temptations from the youthful and thoughtless, and not infrequently from the intoxicated and foolish adult; the results, though they can not be expressed in figures, are far more precious. While the reduction in the number of brothels has been so considerable, and the streets have been to a great extent cleared of abandoned women who used to frequent them, I am to the present time without one single complaint from a respectable citizen that prostitution has gone into more secret or private channels, or that the repressive measures of the authorities have inflicted the slightest hardship upon any one." (7433.)
The foregoing evidence from the experience of the great city of Glasgow furnishes positive proof that the public manifestations of vice, and the evil results—disease and crime—may be effectually checked by methods which do not destroy the sense of right and wrong, and degrade womanhood.
Every municipality may thus learn the necessary steps to be taken by municipal regulation, and benevolent effort, to raise the moral character of the community.
1. Arouse public opinion to the necessity of checking licentiousness, and see that the authorities enforce the execution of wholesome regulations.[4]
2. Provide free and sufficient medical treatment.
3. Found an active rescue mission.
4. Simplify legal procedure against brothels, so that the conscientious citizen may be encouraged to take the initiative in their suppression; the support of the police being ordered, and a magisterial search warrant granted, whenever necessary.
5. Suppress public solicitation to debauchery by man or woman.
- ↑ This evidence is found in "Report on the Contagious Diseases Act," July, 1881. Six shillings.
- ↑ This should not be necessary, though it would usually be convenient. Its being necessary gives to the police a discretionary power to permit the application. The private citizen making the application would, of course, do so on his own responsibility, if it was made maliciously or without probable cause.—W. Shaen.
- ↑ This term should apply to both sexes, and, as seen in sentences inflicted by the Glasgow Magistrates, it is so applied in practice. The growing sense of justice, when the authorities work in the right direction in checking social vice, is shown by the determination of the Glasgow municipality to obtain the power of arresting men in brothels.
- ↑ At common law—" Every brothel is a nuisance liable to indictment." "Every brothel-keeper is liable to fine and imprisonment." "Solicitation in the streets is a legal offence in London as much as it is in Glasgow." (W. Shaen.)