DESIRABLE LIMITATIONS OF LOCAL CONTROL

The problem is not a difficult one. The municipality can be limited just as the monarchy is limited. The Act transferring theatres to local control can be a charter of the liberties of the stage as well as an Act to reform administration. The power to refuse to grant or renew a licence to a theatre need not be an arbitrary one. The municipality may be required to state the ground of refusal; and certain grounds can be expressly declared as unlawful; so that it shall be possible for the manager to resort to the courts for a mandamus to compel the authority to grant a licence. It can be declared unlawful for a licensing authority to demand from the manager any disclosure of the nature of any entertainment he proposes to give, or to prevent its performance, or to refuse to renew his licence on the ground that the tendency of his entertainments is contrary to religion and morals, or that the theatre is an undesirable institution, or that there are already as many theatres as are needed, or that the theatre draws people away from the churches, chapels, mission halls, and the like in its neighborhood. The assumption should be that every citizen has a right to open and conduct a theatre, and therefore has a right to a licence unless he has forfeited that right by allowing his theatre to become a disorderly house, or failing to provide a building which complies with the regulations concerning sanitation and egress in case of fire, or being convicted of an offence against public decency. Also, the licensing powers of the authority should not be delegated to any official or committee; and the manager or lessee of the theatre should have a right to appear in person or by counsel to plead against any motion to refuse to grant or renew his licence. With these safeguards the licensing power could not be stretched to censorship. The manager would enjoy liberty of conscience as far as the local authority is concerned; but on the least attempt on his part to keep a disorderly house under cover of opening a theatre he would risk his licence.

But the managers will not and should not be satisfied with these limits to the municipal power. If they are deprived of the protection of the Lord Chamberlain's licence, and at the same time efficiently protected against every attempt at censorship by the licensing authority, the enemies of the theatre will resort to the ordinary law, and try to get from the prejudices of a jury what they are debarred from getting from the prejudices of a County Council or City Corporation. Moral Reform Societies, "Purity" Societies, Vigilance Societies, exist in England and America for the purpose of enforcing the existing laws against obscenity, blasphemy, Sabbath-breaking, the debauchery of children, prostitution and so forth. The paid officials of these societies, in their anxiety to produce plenty of evidence of their activity in the annual reports which go out to the subscribers, do not always discriminate between an obscene postcard and an artistic one, or to put it more exactly, between a naked figure and an indecent one. They often combine a narrow but terribly sincere sectarian bigotry with a complete ignorance of art and history. Even when they have some culture, their livelihood is at the mercy of subscribers and committee men who have none. If these officials had any power of distinguishing between art and blackguardism, between morality and virtue, between immorality and vice, between conscientious heresy and mere baseness of mind and foulness of mouth, they might be trusted by theatrical managers not to abuse the powers of the common informer. As it is, it has been found necessary, in order to enable good music to be performed on Sunday, to take away these powers in that particular, and vest them solely in the Attorney-General. This disqualification of the common informer should be extended to the initiation of all proceedings of a censorial character against theatres. Few people are aware of the monstrous laws against blasphemy which still disgrace our statute book. If any serious attempt were made to carry them out, prison accommodation would have to be provided for almost every educated person in the country, beginning with the Archbishop of Canterbury. Until some government with courage and character enough to repeal them comes into power, it is not too much to ask that such infamous powers of oppression should be kept in responsible hands and not left at the disposal of every bigot ignorant enough to be unaware of the social dangers of persecution. Besides, the common informer is not always a sincere bigot, who believes he is performing an action of signal merit in silencing and ruining a heretic. He is unfortunately just as often a blackmailer, who has studied his powers as a common informer in order that he may extort money for refraining from exercising them. If the manager is to be responsible he should be made responsible to a responsible functionary. To be responsible to every fanatical ignoramus who chooses to prosecute him for exhibiting a cast of the Hermes of Praxiteles in his vestibule, or giving a performance of Measure for Measure, is mere slavery. It is made bearable at present by the protection of the Lord Chamberlain's certificate. But when that is no longer available, the common informer must be disarmed if the manager is to enjoy security.

SUMMARY

The general case against censorship as a principle, and the particular case against the existing English censorship and against its replacement by a more enlightened one, is now complete. The following is a recapitulation of the propositions and conclusions contended for.

1. The question of censorship or no censorship is a question of high political principle and not of petty policy.

2. The toleration of heresy and shocks to morality on the stage, and even their protection against the prejudices and superstitions which necessarily enter largely into morality and public opinion, are essential to the welfare of the nation.

3. The existing censorship of the Lord Chamberlain does not only intentionally suppress heresy and challenges to morality in their serious and avowed forms, but unintentionally gives the special protection of its official licence to the most extreme impropriety that the lowest section of London playgoers will tolerate in theatres especially devoted to their entertainment, licensing everything that is popular and forbidding any attempt to change public opinion or morals.

4. The Lord Chamberlain's censorship is open to the special objection that its application to political plays is taken to indicate the attitude of the Crown on questions of domestic and foreign policy, and that it imposes the limits of etiquet on the historical drama.

5. A censorship of a more enlightened and independent kind, exercised by the most eminent available authorities, would prove in practice more disastrous than the censorship of the Lord Chamberlain, because the more eminent its members were the less possible it would be for them to accept the responsibility for heresy or immorality by licensing them, and because the many heretical and immoral plays which now pass the Lord Chamberlain because he does not understand them, would be understood and suppressed by a more highly enlightened censorship.

6. A reconstructed and enlightened censorship would be armed with summary and effective powers which would stop the evasions by which heretical and immoral plays are now performed in spite of the Lord Chamberlain; and such powers would constitute a tyranny which would ruin the theatre spiritually by driving all independent thinkers from the drama into the uncensored forms of art.

7. The work of critically examining all stage plays in their written form, and of witnessing their performance in order to see that the sense is not altered by the stage business, would, even if it were divided among so many officials as to be physically possible, be mentally impossible to persons of taste and enlightenment.

8. Regulation of theatres is an entirely different matter from censorship, inasmuch as a theatre, being not only a stage, but a place licensed for the sale of spirits, and a public resort capable of being put to disorderly use, and needing special provision for the safety of audiences in cases of fire, etc., cannot be abandoned wholly to private control, and may therefore reasonably be made subject to an annual licence like those now required before allowing premises to be used publicly for music and dancing.

9. In order to prevent the powers of the licensing authority being abused so as to constitute a virtual censorship, any Act transferring the theatres to the control of a licensing authority should be made also a charter of the rights of dramatic authors and managers by the following provisions:

A. The public prosecutor (the Attorney-General) alone should have the right to set the law in operation against the manager of a theatre or the author of a play in respect of the character of the play or entertainment.

B. No disclosure of the particulars of a theatrical entertainment shall be required before performance.

C. Licences shall not be withheld on the ground that the existence of theatres is dangerous to religion and morals, or on the ground that any entertainment given or contemplated is heretical or immoral.

D. The licensing area shall be no less than that of a County Council or City Corporation, which shall not delegate its licensing powers to any minor local authority or to any official or committee; it shall decide all questions affecting the existence of a theatrical licence by vote of the entire body; managers, lessees, and proprietors of theatres shall have the right to plead, in person or by counsel, against a proposal to withhold a licence; and the licence shall not be withheld except for stated reasons, the validity of which shall be subject to the judgment of the high courts.

E. The annual licence, once granted, shall not be cancelled or suspended unless the manager has been convicted by public prosecution of an offence against the ordinary laws against disorderly housekeeping, indecency, blasphemy, etc., except in cases where some structural or sanitary defect in the building necessitates immediate action for the protection of the public against physical injury.

F. No licence shall be refused on the ground that the proximity of the theatre to a church, mission hall, school, or other place of worship, edification, instruction, or entertainment (including another theatre) would draw the public away from such places into its own doors.

PREFACE RESUMED

MR. GEORGE ALEXANDER'S PROTEST

On the facts mentioned in the foregoing statement, and in my evidence before the Joint Select Committee, no controversy arose except on one point. Mr. George Alexander protested vigorously and indignantly against my admission that theatres, like public- houses, need special control on the ground that they can profit by disorder, and are sometimes conducted with that end in view. Now, Mr. Alexander is a famous actor-manager; and it is very difficult to persuade the public that the more famous an actor- manager is the less he is likely to know about any theatre except his own. When the Committee of 1892 reported, I was considered guilty of a perverse paradox when I said that the witness who knew least about the theatre was Henry Irving. Yet a moment's consideration would have shown that the paradox was a platitude. For about quarter of a century Irving was confined night after night to his own theatre and his own dressing-room, never seeing a play even there because he was himself part of the play; producing the works of long-departed authors; and, to the extent to which his talent was extraordinary, necessarily making his theatre unlike any other theatre. When he went to the provinces or to America, the theatres to which he went were swept and garnished for him, and their staffs replaced—as far as he came in contact with them—by his own lieutenants. In the end, there was hardly a first-nighter in his gallery who did not know more about the London theatres and the progress of dramatic art than he; and as to the provinces, if any chief constable had told him the real history and character of many provincial theatres, he would have denounced that chief constable as an ignorant libeller of a noble profession. But the constable would have been right for all that. Now if this was true of Sir Henry Irving, who did not become a London manager until he had roughed it for years in the provinces, how much more true must it be of, say, Mr. George Alexander, whose successful march through his profession has passed as far from the purlieus of our theatrical world as the king's naval career from the Isle of Dogs? The moment we come to that necessary part of the censorship question which deals with the control of theatres from the point of view of those who know how much money can be made out of them by managers who seek to make the auditorium attractive rather than the stage, you find the managers divided into two sections. The first section consists of honorable and successful managers like Mr. Alexander, who know nothing of such abuses, and deny, with perfect sincerity and indignant vehemence, that they exist except, perhaps, in certain notorious variety theatres. The other is the silent section which knows better, but is very well content to be publicly defended and privately amused by Mr. Alexander's innocence. To accept a West End manager as an expert in theatres because he is an actor is much as if we were to accept the organist of St. Paul's Cathedral as an expert on music halls because he is a musician. The real experts are all in the conspiracy to keep the police out of the theatre. And they are so successful that even the police do not know as much as they should.

The police should have been examined by the Committee, and the whole question of the extent to which theatres are disorderly houses in disguise sifted to the bottom. For it is on this point that we discover behind the phantoms of the corrupt dramatists who are restrained by the censorship from debauching the stage, the reality of the corrupt managers and theatre proprietors who actually do debauch it without let or hindrance from the censorship. The whole case for giving control over theatres to local authorities rests on this reality.

ELIZA AND HER BATH

The persistent notion that a theatre is an Alsatia where the king's writ does not run, and where any wickedness is possible in the absence of a special tribunal and a special police, was brought out by an innocent remark made by Sir William Gilbert, who, when giving evidence before the Committee, was asked by Colonel Lockwood whether a law sufficient to restrain impropriety in books would also restrain impropriety in plays. Sir William replied: "I should say there is a very wide distinction between what is read and what is seen. In a novel one may read that 'Eliza stripped off her dressing-gown and stepped into her bath' without any harm; but I think if that were presented on the stage it would be shocking." All the stupid and inconsiderate people seized eagerly on this illustration as if it were a successful attempt to prove that without a censorship we should be unable to prevent actresses from appearing naked on the stage. As a matter of fact, if an actress could be persuaded to do such a thing (and it would be about as easy to persuade a bishop's wife to appear in church in the same condition) the police would simply arrest her on a charge of indecent exposure. The extent to which this obvious safeguard was overlooked may be taken as a measure of the thoughtlessness and frivolity of the excuses made for the censorship. It should be added that the artistic representation of a bath, with every suggestion of nakedness that the law as to decency allows, is one of the most familiar subjects of scenic art. From the Rhine maidens in Wagner's Trilogy, and the bathers in the second act of Les Huguenots, to the ballets of water nymphs in our Christmas pantomimes and at our variety theatres, the sound hygienic propaganda of the bath, and the charm of the undraped human figure, are exploited without offence on the stage to an extent never dreamt of by any novelist.

A KING'S PROCTOR

Another hare was started by Professor Gilbert Murray and Mr. Laurence Housman, who, in pure kindness to the managers, asked whether it would not be possible to establish for their assistance a sort of King's Proctor to whom plays might be referred for an official legal opinion as to their compliance with the law before production. There are several objections to this proposal; and they may as well be stated in case the proposal should be revived. In the first place, no lawyer with the most elementary knowledge of the law of libel in its various applications to sedition, obscenity, and blasphemy, could answer for the consequences of producing any play whatsoever as to which the smallest question could arise in the mind of any sane person. I have been a critic and an author in active service for thirty years; and though nothing I have written has ever been prosecuted in England or made the subject of legal proceedings, yet I have never published in my life an article, a play, or a book, as to which, if I had taken legal advice, an expert could have assured me that I was proof against prosecution or against an action for damages by the persons criticized. No doubt a sensible solicitor might have advised me that the risk was no greater than all men have to take in dangerous trades; but such an opinion, though it may encourage a client, does not protect him. For example, if a publisher asks his solicitor whether he may venture on an edition of Sterne's Sentimental Journey, or a manager whether he may produce King Lear without risk of prosecution, the solicitor will advise him to go ahead. But if the solicitor or counsel consulted by him were asked for a guarantee that neither of these works was a libel, he would have to reply that he could give no such guarantee; that, on the contrary, it was his duty to warn his client that both of them are obscene libels; that King Lear, containing as it does perhaps the most appalling blasphemy that despair ever uttered, is a blasphemous libel, and that it is doubtful whether it could not be construed as a seditious libel as well. As to Ibsen's Brand (the play which made him popular with the most earnestly religious people) no sane solicitor would advise his client even to chance it except in a broadly cultivated and tolerant (or indifferent) modern city. The lighter plays would be no better off. What lawyer could accept any responsibility for the production of Sardou's Divorcons or Clyde Fitch's The Woman in the Case? Put the proposed King's Proctor in operation to-morrow; and what will be the result? The managers will find that instead of insuring them as the Lord Chamberlain does, he will warn them that every play they submit to him is vulnerable to the law, and that they must produce it not only on the ordinary risk of acting on their own responsibility, but at the very grave additional risk of doing so in the teeth of an official warning. Under such circumstances, what manager would resort a second time to the Proctor; and how would the Proctor live without fees, unless indeed the Government gave him a salary for doing nothing? The institution would not last a year, except as a job for somebody.

COUNSEL'S OPINION

The proposal is still less plausible when it is considered that at present, without any new legislation at all, any manager who is doubtful about a play can obtain the advice of his solicitor, or Counsel's opinion, if he thinks it will be of any service to him. The verdict of the proposed King's Proctor would be nothing but Counsel's opinion without the liberty of choice of counsel, possibly cheapened, but sure to be adverse; for an official cannot give practical advice as a friend and a man of the world: he must stick to the letter of the law and take no chances. And as far as the law is concerned, journalism, literature, and the drama exist only by custom or sufferance.

WANTED: A NEW MAGNA CHARTA

This leads us to a very vital question. Is it not possible to amend the law so as to make it possible for a lawyer to advise his client that he may publish the works of Blake, Zola, and Swinburne, or produce the plays of Ibsen and Mr. Granville Barker, or print an ordinary criticism in his newspaper, without the possibility of finding himself in prison, or mulcted in damages and costs in consequence? No doubt it is; but only by a declaration of constitutional right to blaspheme, rebel, and deal with tabooed subjects. Such a declaration is not just now within the scope of practical politics, although we are compelled to act to a great extent as if it was actually part of the constitution. All that can be done is to take my advice and limit the necessary public control of the theatres in such a manner as to prevent its being abused as a censorship. We have ready to our hand the machinery of licensing as applied to public-houses. A licensed victualler can now be assured confidently by his lawyer that a magistrate cannot refuse to renew his licence on the ground that he (the magistrate) is a teetotaller and has seen too much of the evil of drink to sanction its sale. The magistrate must give a judicial reason for his refusal, meaning really a constitutional reason; and his teetotalism is not such a reason. In the same way you can protect a theatrical manager by ruling out certain reasons as unconstitutional, as suggested in my statement. Combine this with the abolition of the common informer's power to initiate proceedings, and you will have gone as far as seems possible at present. You will have local control of the theatres for police purposes and sanitary purposes without censorship; and I do not see what more is possible until we get a formal Magna Charta declaring all the Categories of libel and the blasphemy laws contrary to public liberty, and repealing and defining accordingly.

PROPOSED: A NEW STAR CHAMBER

Yet we cannot mention Magna Charta without recalling how useless such documents are to a nation which has no more political comprehension nor political virtue than King John. When Henry VII. calmly proceeded to tear up Magna Charta by establishing the Star Chamber (a criminal court consisting of a committee of the Privy Council without a jury) nobody objected until, about a century and a half later, the Star Chamber began cutting off the ears of eminent XVII. century Nonconformists and standing them in the pillory; and then the Nonconformists, and nobody else, abolished the Star Chamber. And if anyone doubts that we are quite ready to establish the Star Chamber again, let him read the Report of the Joint Select Committee, on which I now venture to offer a few criticisms.

The report of the Committee, which will be found in the bluebook, should be read with attention and respect as far as page x., up to which point it is an able and well-written statement of the case. From page x. onward, when it goes on from diagnosing the disease to prescribing the treatment, it should be read with even greater attention but with no respect whatever, as the main object of the treatment is to conciliate the How Not To Do It majority. It contains, however, one very notable proposal, the same being nothing more or less than to revive the Star Chamber for the purpose of dealing with heretical or seditious plays and their authors, and indeed with all charges against theatrical entertainments except common police cases of indecency. The reason given is that for which the Star Chamber was created by Henry VII: that is, the inadequacy of the ordinary law. "We consider," says the report, "that the law which prevents or punishes indecency, blasphemy and libel in printed publications [it does not, by the way, except in the crudest police cases] would not be adequate for the control of the drama." Therefore a committee of the Privy Council is to be empowered to suppress plays and punish managers and authors at its pleasure, on the motion of the Attorney-General, without a jury. The members of the Committee will, of course, be men of high standing and character: otherwise they would not be on the Privy Council. That is to say, they will have all the qualifications of Archbishop Laud.

Now I have no guarantee that any member of the majority of the Joint Select Committee ever heard of the Star Chamber or of Archbishop Laud. One of them did not know that politics meant anything more than party electioneering. Nothing is more alarming than the ignorance of our public men of the commonplaces of our history, and their consequent readiness to repeat experiments which have in the past produced national catastrophes. At all events, whether they knew what they were doing or not, there can be no question as to what they did. They proposed virtually that the Act of the Long Parliament in 1641 shall be repealed, and the Star Chamber re-established, in order that playwrights and managers may be punished for unspecified offences unknown to the law. When I say unspecified, I should say specified as follows (see page xi. of the report) in the case of a play.

(a) To be indecent.

(b) To contain offensive personalities.

(c) To represent on the stage in an invidious manner a living person, or any person recently dead.

(d) To do violence to the sentiment of religious reverence.

(e) To be calculated to conduce to vice or crime.

(f) To be calculated to impair friendly relations with any foreign power.

(g) To be calculated to cause a breach of the peace.

Now it is clear that there is no play yet written, or possible to be written, in this world, that might not be condemned under one or other of these heads. How any sane man, not being a professed enemy of public liberty, could put his hand to so monstrous a catalogue passes my understanding. Had a comparatively definite and innocent clause been added forbidding the affirmation or denial of the doctrine of Transubstantiation, the country would have been up in arms at once. Lord Ribblesdale made an effort to reduce the seven categories to the old formula "not to be fitting for the preservation of good manners, decorum, or the public peace"; but this proposal was not carried; whilst on Lord Gorell's motion a final widening of the net was achieved by adding the phrase "to be calculated to"; so that even if a play does not produce any of the results feared, the author can still be punished on the ground that his play is "calculated" to produce them. I have no hesitation in saying that a committee capable of such an outrageous display of thoughtlessness and historical ignorance as this paragraph of its report implies deserves to be haled before the tribunal it has itself proposed, and dealt with under a general clause levelled at conduct "calculated to" overthrow the liberties of England.

POSSIBILITIES OF THE PROPOSAL

Still, though I am certainly not willing to give Lord Gorell the chance of seeing me in the pillory with my ears cut off if I can help it, I daresay many authors would rather take their chance with a Star Chamber than with a jury, just as some soldiers would rather take their chance with a court-martial than at Quarter Sessions. For that matter, some of them would rather take their chance with the Lord Chamberlain than with either. And though this is no reason for depriving the whole body of authors of the benefit of Magna Charta, still, if the right of the proprietor of a play to refuse the good offices of the Privy Council and to perform the play until his accusers had indicted him at law, and obtained the verdict of a jury against him, were sufficiently guarded, the proposed committee might be set up and used for certain purposes. For instance, it might be made a condition of the intervention of the Attorney-General or the Director of Public Prosecutions that he should refer an accused play to the committee, and obtain their sanction before taking action, offering the proprietor of the play, if the Committee thought fit, an opportunity of voluntarily accepting trial by the Committee as an alternative to prosecution in the ordinary course of law. But the Committee should have no powers of punishment beyond the power (formidable enough) of suspending performances of the play. If it thought that additional punishment was called for, it could order a prosecution without allowing the proprietor or author of the play the alternative of a trial by itself. The author of the play should be made a party to all proceedings of the Committee, and have the right to defend himself in person or by counsel. This would provide a check on the Attorney-General (who might be as bigoted as any of the municipal aldermen who are so much dreaded by the actor-managers) without enabling the Committee to abuse its powers for party, class, or sectarian ends beyond that irreducible minimum of abuse which a popular jury would endorse, for which minimum there is no remedy.

But when everything is said for the Star Chamber that can be said, and every precaution taken to secure to those whom it pursues the alternative of trial by jury, the expedient still remains a very questionable one, to be endured for the sake of its protective rather than its repressive powers. It should abolish the present quaint toleration of rioting in theatres. For example, if it is to be an offence to perform a play which the proposed new Committee shall condemn, it should also be made an offence to disturb a performance which the Committee has not condemned. "Brawling" at a theatre should be dealt with as severely as brawling in church if the censorship is to be taken out of the hands of the public. At present Jenny Geddes may throw her stool at the head of a playwright who preaches unpalatable doctrine to her, or rather, since her stool is a fixture, she may hiss and hoot and make it impossible to proceed with the performance, even although nobody has compelled her to come to the theatre or suspended her liberty to stay away, and although she has no claim on an unendowed theatre for her spiritual necessities, as she has on her parish church. If mob censorship cannot be trusted to keep naughty playwrights in order, still less can it be trusted to keep the pioneers of thought in countenance; and I submit that anyone hissing a play permitted by the new censorship should be guilty of contempt of court.

STAR CHAMBER SENTIMENTALITY

But what is most to be dreaded in a Star Chamber is not its sternness but its sentimentality. There is no worse censorship than one which considers only the feelings of the spectators, except perhaps one which considers the feelings of people who do not even witness the performance. Take the case of the Passion Play at Oberammergau. The offence given by a representation of the Crucifixion on the stage is not bounded by frontiers: further, it is an offence of which the voluntary spectators are guilty no less than the actors. If it is to be tolerated at all: if we are not to make war on the German Empire for permitting it, nor punish the English people who go to Bavaria to see it and thereby endow it with English money, we may as well tolerate it in London, where nobody need go to see it except those who are not offended by it. When Wagner's Parsifal becomes available for representation in London, many people will be sincerely horrified when the miracle of the Mass is simulated on the stage of Covent Garden, and the Holy Ghost descends in the form of a dove. But if the Committee of the Privy Council, or the Lord Chamberlain, or anyone else, were to attempt to keep Parsifal from us to spare the feelings of these people, it would not be long before even the most thoughtless champions of the censorship would see that the principle of doing nothing that could shock anybody had reduced itself to absurdity. No quarter whatever should be given to the bigotry of people so unfit for social life as to insist not only that their own prejudices and superstitions should have the fullest toleration but that everybody else should be compelled to think and act as they do. Every service in St. Paul's Cathedral is an outrage to the opinions of the congregation of the Roman Catholic Cathedral of Westminster. Every Liberal meeting is a defiance and a challenge to the most cherished opinions of the Unionists. A law to compel the Roman Catholics to attend service at St. Paul's, or the Liberals to attend the meetings of the Primrose League would be resented as an insufferable tyranny. But a law to shut up both St. Paul's and the Westminster Cathedral; and to put down political meetings and associations because of the offence given by them to many worthy and excellent people, would be a far worse tyranny, because it would kill the religious and political life of the country outright, whereas to compel people to attend the services and meetings of their opponents would greatly enlarge their minds, and would actually be a good thing if it were enforced all round. I should not object to a law to compel everybody to read two newspapers, each violently opposed to the other in politics; but to forbid us to read newspapers at all would be to maim us mentally and cashier our country in the ranks of civilization. I deny that anybody has the right to demand more from me, over and above lawful conduct in a general sense, than liberty to stay away from the theatre in which my plays are represented. If he is unfortunate enough to have a religion so petty that it can be insulted (any man is as welcome to insult my religion, if he can, as he is to insult the universe) I claim the right to insult it to my heart's content, if I choose, provided I do not compel him to come and hear me. If I think this country ought to make war on any other country, then, so long as war remains lawful, I claim full liberty to write and perform a play inciting the country to that war without interference from the ambassadors of the menaced country. I may "give pain to many worthy people, and pleasure to none," as the Censor's pet phrase puts it: I may even make Europe a cockpit and Asia a shambles: no matter: if preachers and politicians, statesmen and soldiers, may do these things—if it is right that such things should be done, then I claim my share in the right to do them. If the proposed Committee is meant to prevent me from doing these things whilst men of other professions are permitted to do them, then I protest with all my might against the formation of such a Committee. If it is to protect me, on the contrary, against the attacks that bigots and corrupt pornographers may make on me by appealing to the ignorance and prejudices of common jurors, then I welcome it; but is that really the object of its proposers? And if it is, what guarantee have I that the new tribunal will not presently resolve into a mere committee to avoid unpleasantness and keep the stage "in good taste"? It is no more possible for me to do my work honestly as a playwright without giving pain than it is for a dentist. The nation's morals are like its teeth: the more decayed they are the more it hurts to touch them. Prevent dentists and dramatists from giving pain, and not only will our morals become as carious as our teeth, but toothache and the plagues that follow neglected morality will presently cause more agony than all the dentists and dramatists at their worst have caused since the world began.

ANYTHING FOR A QUIET LIFE

Another doubt: would a Committee of the Privy Council really face the risks that must be taken by all communities as the price of our freedom to evolve? Would it not rather take the popular English view that freedom and virtue generally are sweet and desirable only when they cost nothing? Nothing worth having is to be had without risk. A mother risks her child's life every time she lets it ramble through the countryside, or cross the street, or clamber over the rocks on the shore by itself. A father risks his son's morals when he gives him a latchkey. The members of the Joint Select Committee risked my producing a revolver and shooting them when they admitted me to the room without having me handcuffed. And these risks are no unreal ones. Every day some child is maimed or drowned and some young man infected with disease; and political assassinations have been appallingly frequent of late years. Railway travelling has its risks; motoring has its risks; aeroplaning has its risks; every advance we make costs us a risk of some sort. And though these are only risks to the individual, to the community they are certainties. It is not certain that I will be killed this year in a railway accident; but it is certain that somebody will. The invention of printing and the freedom of the press have brought upon us, not merely risks of their abuse, but the establishment as part of our social routine of some of the worst evils a community can suffer from. People who realize these evils shriek for the suppression of motor cars, the virtual imprisonment and enslavement of the young, the passing of Press Laws (especially in Egypt, India, and Ireland), exactly as they shriek for a censorship of the stage. The freedom of the stage will be abused just as certainly as the complaisance and innocence of the censorship is abused at present. It will also be used by writers like myself for raising very difficult and disturbing questions, social, political, and religious, at moments which may be extremely inconvenient to the government. Is it certain that a Committee of the Privy Council would stand up to all this as the price of liberty? I doubt it. If I am to be at the mercy of a nice amiable Committee of elderly gentlemen (I know all about elderly gentlemen, being one myself) whose motto is the highly popular one, "Anything for a quiet life" and who will make the inevitable abuses of freedom by our blackguards an excuse for interfering with any disquieting use of it by myself, then I shall be worse off than I am with the Lord Chamberlain, whose mind is not broad enough to obstruct the whole range of thought. If it were, he would be given a more difficult post.

SHALL THE EXAMINER OF PLAYS STARVE?

And here I may be reminded that if I prefer the Lord Chamberlain I can go to the Lord Chamberlain, who is to retain all his present functions for the benefit of those who prefer to be judged by him. But I am not so sure that the Lord Chamberlain will be able to exercise those functions for long if resort to him is to be optional. Let me be kinder to him than he has been to me, and uncover for him the pitfalls which the Joint Select Committee have dug (and concealed) in his path. Consider how the voluntary system must inevitably work. The Joint Select Committee expressly urges that the Lord Chamberlain's licence must not be a bar to a prosecution. Granted that in spite of this reservation the licence would prove in future as powerful a defence as it has been in the past, yet the voluntary clause nevertheless places the manager at the mercy of any author who makes it a condition of his contract that his play shall not be submitted for licence. I should probably take that course without opposition from the manager. For the manager, knowing that three of my plays have been refused a licence, and that it would be far safer to produce a play for which no licence had been asked than one for which it had been asked and refused, would agree that it was more prudent, in my case, to avail himself of the power of dispensing with the Lord Chamberlain's licence. But now mark the consequences. The manager, having thus discovered that his best policy was to dispense with the licence in the few doubtful cases, would presently ask himself why he should spend two guineas each on licences for the many plays as to which no question could conceivably arise. What risk does any manager run in producing such works as Sweet Lavender, Peter Pan, The Silver King, or any of the 99 per cent of plays that are equally neutral on controversial questions? Does anyone seriously believe that the managers would continue to pay the Lord Chamberlain two guineas a play out of mere love and loyalty, only to create an additional risk in the case of controversial plays, and to guard against risks that do not exist in the case of the great bulk of other productions? Only those would remain faithful to him who produce such plays as the Select Committee began by discussing in camera, and ended by refusing to discuss at all because they were too nasty. These people would still try to get a licence, and would still no doubt succeed as they do today. But could the King's Reader of Plays live on his fees from these plays alone; and if he could how long would his post survive the discredit of licensing only pornographic plays? It is clear to me that the Examiner would be starved out of existence, and the censorship perish of desuetude. Perhaps that is exactly what the Select Committee contemplated. If so, I have nothing more to say, except that I think sudden death would be more merciful.

LORD GORELL'S AWAKENING

In the meantime, conceive the situation which would arise if a licensed play were prosecuted. To make it clearer, let us imagine any other offender—say a company promoter with a fraudulent prospectus—pleading in Court that he had induced the Lord Chamberlain to issue a certificate that the prospectus contained nothing objectionable, and that on the strength of that certificate he issued it; also, that by law the Court could do nothing to him except order him to wind up his company. Some such vision as this must have come to Lord Gorell when he at last grappled seriously with the problem. Mr. Harcourt seized the opportunity to make a last rally. He seconded Lord Gorell's proposal that the Committee should admit that its scheme of an optional censorship was an elaborate absurdity, and report that all censorship before production was out of the question. But it was too late: the volte face was too sudden and complete. It was Lord Gorell whose vote had turned the close division which took place on the question of receiving my statement. It was Lord Gorell without whose countenance and authority the farce of the books could never have been performed. Yet here was Lord Gorell, after assenting to all the provisions for the optional censorship paragraph by paragraph, suddenly informing his colleagues that they had been wrong all through and that I had been right all through, and inviting them to scrap half their work and adopt my conclusion. No wonder Lord Gorell got only one vote: that of Mr. Harcourt. But the incident is not the less significant. Lord Gorell carried more weight than any other member of the Committee on the legal and constitutional aspect of the question. Had he begun where he left off—had he at the outset put down his foot on the notion that an optional penal law could ever be anything but a gross contradiction in terms, that part of the Committee's proposals would never have come into existence.

JUDGES: THEIR PROFESSIONAL LIMITATIONS

I do not, however, appeal to Lord Gorell's judgment on all points. It is inevitable that a judge should be deeply impressed by his professional experience with a sense of the impotence of judges and laws and courts to deal satisfactorily with evils which are so Protean and elusive as to defy definition, and which yet seem to present quite simple problems to the common sense of men of the world. You have only to imagine the Privy Council as consisting of men of the world highly endowed with common sense, to persuade yourself that the supplementing of the law by the common sense of the Privy Council would settle the whole difficulty. But no man knows what he means by common sense, though every man can tell you that it is very uncommon, even in Privy Councils. And since every ploughman is a man of the world, it is evident that even the phrase itself does not mean what it says. As a matter of fact, it means in ordinary use simply a man who will not make himself disagreeable for the sake of a principle: just the sort of man who should never be allowed to meddle with political rights. Now to a judge a political right, that is, a dogma which is above our laws and conditions our laws, instead of being subject to them, is anarchic and abhorrent. That is why I trust Lord Gorell when he is defending the integrity of the law against the proposal to make it in any sense optional, whilst I very strongly mistrust him, as I mistrust all professional judges, when political rights are in danger.

CONCLUSION

I must conclude by recommending the Government to take my advice wherever it conflicts with that of the Joint Select Committee. It is, I think, obviously more deeply considered and better informed, though I say it that should not. At all events, I have given my reasons; and at that I must leave it. As the tradition which makes Malvolio not only Master of the Revels but Master of the Mind of England, and which has come down to us from Henry VIII., is manifestly doomed to the dustbin, the sooner it goes there the better; for the democratic control which naturally succeeds it can easily be limited so as to prevent it becoming either a censorship or a tyranny. The Examiner of Plays should receive a generous pension, and be set free to practise privately as an expert adviser of theatrical managers. There is no reason why they should be deprived of the counsel they so highly value.

It only remains to say that public performances of The Shewing-Up of Blanco Posnet are still prohibited in Great Britain by the Lord Chamberlain. An attempt was made to prevent even its performance in Ireland by some indiscreet Castle officials in the absence of the Lord Lieutenant. This attempt gave extraordinary publicity to the production of the play; and every possible effort was made to persuade the Irish public that the performance would be an outrage to their religion, and to provoke a repetition of the rioting that attended the first performances of Synge's Playboy of the Western World before the most sensitive and, on provocation, the most turbulent audience in the kingdom. The directors of the Irish National Theatre, Lady Gregory and Mr. William Butler Yeats, rose to the occasion with inspiriting courage. I am a conciliatory person, and was willing, as I always am, to make every concession in return for having my own way. But Lady Gregory and Mr. Yeats not only would not yield an inch, but insisted, within the due limits of gallant warfare, on taking the field with every circumstance of defiance, and winning the battle with every trophy of victory. Their triumph was as complete as they could have desired. The performance exhausted the possibilities of success, and provoked no murmur, though it inspired several approving sermons. Later on, Lady Gregory and Mr. Yeats brought the play to London and performed it under the Lord Chamberlain's nose, through the instrumentality of the Stage Society.

After this, the play was again submitted to the Lord Chamberlain. But, though beaten, he, too, understands the art of How Not To Do It. He licensed the play, but endorsed on his licence the condition that all the passages which implicated God in the history of Blanco Posnet must be omitted in representation. All the coarseness, the profligacy, the prostitution, the violence, the drinking-bar humor into which the light shines in the play are licensed, but the light itself is extinguished. I need hardly say that I have not availed myself of this licence, and do not intend to. There is enough licensed darkness in our theatres today without my adding to it.

AYOT ST. LAWRENCE, 14TH JULY 1910.

POSTSCRIPT.—Since the above was written the Lord Chamberlain has made an attempt to evade his responsibility and perhaps to postpone his doom by appointing an advisory committee, unknown to the law, on which he will presumably throw any odium that may attach to refusals of licences in the future. This strange and lawless body will hardly reassure our moralists, who object much more to the plays he licenses than to those he suppresses, and are therefore unmoved by his plea that his refusals are few and far between. It consists of two eminent actors (one retired), an Oxford professor of literature, and two eminent barristers. As their assembly is neither created by statute nor sanctioned by custom, it is difficult to know what to call it until it advises the Lord Chamberlain to deprive some author of his means of livelihood, when it will, I presume, become a conspiracy, and be indictable accordingly; unless, indeed, it can persuade the Courts to recognize it as a new Estate of the Realm, created by the Lord Chamberlain. This constitutional position is so questionable that I strongly advise the members to resign promptly before the Lord Chamberlain gets them into trouble.



THE SHEWING-UP OF BLANCO POSNET

A number of women are sitting working together in a big room not unlike an old English tithe barn in its timbered construction, but with windows high up next the roof. It is furnished as a courthouse, with the floor raised next the walls, and on this raised flooring a seat for the Sheriff, a rough jury box on his right, and a bar to put prisoners to on his left. In the well in the middle is a table with benches round it. A few other benches are in disorder round the room. The autumn sun is shining warmly through the windows and the open door. The women, whose dress and speech are those of pioneers of civilisation in a territory of the United States of America, are seated round the table and on the benches, shucking nuts. The conversation is at its height.

BABSY [a bumptious young slattern, with some good looks] I say that a man that would steal a horse would do anything.

LOTTIE [a sentimental girl, neat and clean] Well, I never should look at it in that way. I do think killing a man is worse any day than stealing a horse.

HANNAH [elderly and wise] I dont say it's right to kill a man. In a place like this, where every man has to have a revolver, and where theres so much to try people's tempers, the men get to be a deal too free with one another in the way of shooting. God knows it's hard enough to have to bring a boy into the world and nurse him up to be a man only to have him brought home to you on a shutter, perhaps for nothing, or only just to shew that the man that killed him wasn't afraid of him. But men are like children when they get a gun in their hands: theyre not content til theyve used it on somebody.

JESSIE [a good-natured but sharp-tongued, hoity-toity young woman; Babsy's rival in good looks and her superior in tidiness] They shoot for the love of it. Look at them at a lynching. Theyre not content to hang the man; but directly the poor creature is swung up they all shoot him full of holes, wasting their cartridges that cost solid money, and pretending they do it in horror of his wickedness, though half of them would have a rope round their own necks if all they did was known—let alone the mess it makes.

LOTTIE. I wish we could get more civilized. I don't like all this lynching and shooting. I don't believe any of us like it, if the truth were known.

BABSY. Our Sheriff is a real strong man. You want a strong man for a rough lot like our people here. He aint afraid to shoot and he aint afraid to hang. Lucky for us quiet ones, too.

JESSIE. Oh, don't talk to me. I know what men are. Of course he aint afraid to shoot and he aint afraid to hang. Wheres the risk in that with the law on his side and the whole crowd at his back longing for the lynching as if it was a spree? Would one of them own to it or let him own to it if they lynched the wrong man? Not them. What they call justice in this place is nothing but a breaking out of the devil thats in all of us. What I want to see is a Sheriff that aint afraid not to shoot and not to hang.

EMMA [a sneak who sides with Babsy or Jessie, according to the fortune of war] Well, I must say it does sicken me to see Sheriff Kemp putting down his foot, as he calls it. Why don't he put it down on his wife? She wants it worse than half the men he lynches. He and his Vigilance Committee, indeed!

BABSY [incensed] Oh, well! if people are going to take the part of horse-thieves against the Sheriff—!

JESSIE. Who's taking the part of horse-thieves against the Sheriff?

BABSY. You are. Waitle your own horse is stolen, and youll know better. I had an uncle that died of thirst in the sage brush because a negro stole his horse. But they caught him and burned him; and serve him right, too.

EMMA. I have known that a child was born crooked because its mother had to do a horse's work that was stolen.

BABSY. There! You hear that? I say stealing a horse is ten times worse than killing a man. And if the Vigilance Committee ever gets hold of you, youd better have killed twenty men than as much as stole a saddle or bridle, much less a horse.

[Elder Daniels comes in.]

ELDER DANIELS. Sorry to disturb you, ladies; but the Vigilance Committee has taken a prisoner; and they want the room to try him in.

JESSIE. But they cant try him til Sheriff Kemp comes back from the wharf.

ELDER DANIELS. Yes; but we have to keep the prisoner here til he comes.

BABSY. What do you want to put him here for? Cant you tie him up in the Sheriff's stable?

ELDER DANIELS. He has a soul to be saved, almost like the rest of us. I am bound to try to put some religion into him before he goes into his Maker's presence after the trial.

HANNAH. What has he done, Mr Daniels?

ELDER DANIELS. Stole a horse.

BABSY. And are we to be turned out of the town hall for a horse- thief? Aint a stable good enough for his religion?

ELDER DANIELS. It may be good enough for his, Babsy; but, by your leave, it is not good enough for mine. While I am Elder here, I shall umbly endeavour to keep up the dignity of Him I serve to the best of my small ability. So I must ask you to be good enough to clear out. Allow me. [He takes the sack of husks and put it out of the way against the panels of the jury box].

THE WOMEN [murmuring] Thats always the way. Just as we'd settled down to work. What harm are we doing? Well, it is tiresome. Let them finish the job themselves. Oh dear, oh dear! We cant have a minute to ourselves. Shoving us out like that!

HANNAH. Whose horse was it, Mr Daniels?

ELDER DANIELS [returning to move the other sack] I am sorry to say that it was the Sheriff's horse—the one he loaned to young Strapper. Strapper loaned it to me; and the thief stole it, thinking it was mine. If it had been mine, I'd have forgiven him cheerfully. I'm sure I hoped he would get away; for he had two hours start of the Vigilance Committee. But they caught him. [He disposes of the other sack also].

JESSIE. It cant have been much of a horse if they caught him with two hours start.

ELDER DANIELS [coming back to the centre of the group] The strange thing is that he wasn't on the horse when they took him. He was walking; and of course he denies that he ever had the horse. The Sheriff's brother wanted to tie him up and lash him till he confessed what he'd done with it; but I couldn't allow that: it's not the law.

BABSY. Law! What right has a horse-thief to any law? Law is thrown away on a brute like that.

ELDER DANIELS. Dont say that, Babsy. No man should be made to confess by cruelty until religion has been tried and failed. Please God I'll get the whereabouts of the horse from him if youll be so good as to clear out from this. [Disturbance outside]. They are bringing him in. Now ladies! please, please.

[They rise reluctantly. Hannah, Jessie, and Lottie retreat to the Sheriff's bench, shepherded by Daniels; but the other women crowd forward behind Babsy and Emma to see the prisoner.

Blanco Posnet it brought in by Strapper Kemp, the Sheriff's brother, and a cross-eyed man called Squinty. Others follow. Blanco is evidently a blackguard. It would be necessary to clean him to make a close guess at his age; but he is under forty, and an upturned, red moustache, and the arrangement of his hair in a crest on his brow, proclaim the dandy in spite of his intense disreputableness. He carries his head high, and has a fairly resolute mouth, though the fire of incipient delirium tremens is in his eye.

His arms are bound with a rope with a long end, which Squinty holds. They release him when he enters; and he stretches himself and lounges across the courthouse in front of the women. Strapper and the men remain between him and the door.]

BABSY [spitting at him as he passes her] Horse-thief! horse- thief!

OTHERS. You will hang for it; do you hear? And serve you right. Serve you right. That will teach you. I wouldn't wait to try you. Lynch him straight off, the varmint. Yes, yes. Tell the boys. Lynch him.

BLANCO [mocking] "Angels ever bright and fair—"

BABSY. You call me an angel, and I'll smack your dirty face for you.

BLANCO. "Take, oh take me to your care."

EMMA. There wont be any angels where youre going to.

OTHERS. Aha! Devils, more likely. And too good company for a horse-thief.

ALL. Horse-thief! Horse-thief! Horse-thief!

BLANCO. Do women make the law here, or men? Drive these heifers out.

THE WOMEN. Oh! [They rush at him, vituperating, screaming passionately, tearing at him. Lottie puts her fingers in her ears and runs out. Hannah follows, shaking her head. Blanco is thrown down]. Oh, did you hear what he called us? You foul-mouthed brute! You liar! How dare you put such a name to a decent woman? Let me get at him. You coward! Oh, he struck me: did you see that? Lynch him! Pete, will you stand by and hear me called names by a skunk like that? Burn him: burn him! Thats what I'd do with him. Aye, burn him!

THE MEN [pulling the women away from Blanco, and getting them out partly by violence and partly by coaxing] Here! come out of this. Let him alone. Clear the courthouse. Come on now. Out with you. Now, Sally: out you go. Let go my hair, or I'll twist your arm out. Ah, would you? Now, then: get along. You know you must go. Whats the use of scratching like that? Now, ladies, ladies, ladies. How would you like it if you were going to be hanged?

[At last the women are pushed out, leaving Elder Daniels, the Sheriff's brother Strapper Kemp, and a few others with Blanco. Strapper is a lad just turning into a man: strong, selfish, sulky, and determined.]

BLANCO [sitting up and tidying himself]—

Oh woman, in our hours of ease. Uncertain, coy, and hard to please—

Is my face scratched? I can feel their damned claws all over me still. Am I bleeding? [He sits on the nearest bench].

ELDER DANIELS. Nothing to hurt. Theyve drawn a drop or two under your left eye.

STRAPPER. Lucky for you to have an eye left in your head.

BLANCO [wiping the blood off]—

When pain and anguish wring the brow, A ministering angel thou.

Go out to them, Strapper Kemp; and tell them about your big brother's little horse that some wicked man stole. Go and cry in your mammy's lap.

STRAPPER [furious] You jounce me any more about that horse, Blanco Posnet; and I'll—I'll—

BLANCO. Youll scratch my face, wont you? Yah! Your brother's the Sheriff, aint he?

STRAPPER. Yes, he is. He hangs horse-thieves.

BLANCO [with calm conviction] He's a rotten Sheriff. Oh, a rotten Sheriff. If he did his first duty he'd hang himself. This is a rotten town. Your fathers came here on a false alarm of gold- digging; and when the gold didn't pan out, they lived by licking their young into habits of honest industry.

STRAPPER. If I hadnt promised Elder Daniels here to give him a chance to keep you out of Hell, I'd take the job of twisting your neck off the hands of the Vigilance Committee.

BLANCO [with infinite scorn] You and your rotten Elder, and your rotten Vigilance Committee!

STRAPPER. Theyre sound enough to hang a horse-thief, anyhow.

BLANCO. Any fool can hang the wisest man in the country. Nothing he likes better. But you cant hang me.

STRAPPER. Cant we?

BLANCO. No, you cant. I left the town this morning before sunrise, because it's a rotten town, and I couldn't bear to see it in the light. Your brother's horse did the same, as any sensible horse would. Instead of going to look for the horse, you went looking for me. That was a rotten thing to do, because the horse belonged to your brother—or to the man he stole it from— and I don't belong to him. Well, you found me; but you didn't find the horse. If I had took the horse, I'd have been on the horse. Would I have taken all that time to get to where I did if I'd a horse to carry me?

STRAPPER. I dont believe you started not for two hours after you say you did.

BLANCO. Who cares what you believe or dont believe? Is a man worth six of you to be hanged because youve lost your big brother's horse, and youll want to kill somebody to relieve your rotten feelings when he licks you for it? Not likely. Till you can find a witness that saw me with that horse you cant touch me; and you know it.

STRAPPER. Is that the law, Elder?

ELDER DANIELS. The Sheriff knows the law. I wouldnt say for sure; but I think it would be more seemly to have a witness. Go and round one up, Strapper; and leave me here alone to wrestle with his poor blinded soul.

STRAPPER. I'll get a witness all right enough. I know the road he took; and I'll ask at every house within sight of it for a mile out. Come boys.

[Strapper goes out with the others, leaving Blanco and Elder Daniels together. Blanco rises and strolls over to the Elder, surveying him with extreme disparagement.]

BLANCO. Well, brother? Well, Boozy Posnet, alias Elder Daniels? Well, thief? Well, drunkard?

ELDER DANIELS. It's no good, Blanco. Theyll never believe we're brothers.

BLANCO. Never fear. Do you suppose I want to claim you? Do you suppose I'm proud of you? Youre a rotten brother, Boozy Posnet. All you ever did when I owned you was to borrow money from me to get drunk with. Now you lend money and sell drink to other people. I was ashamed of you before; and I'm worse ashamed of you now, I wont have you for a brother. Heaven gave you to me; but I return the blessing without thanks. So be easy: I shant blab. [He turns his back on him and sits down].

ELDER DANIELS. I tell you they wouldn't believe you; so what does it matter to me whether you blab or not? Talk sense, Blanco: theres no time for your foolery now; for youll be a dead man an hour after the Sheriff comes back. What possessed you to steal that horse?

BLANCO. I didnt steal it. I distrained on it for what you owed me. I thought it was yours. I was a fool to think that you owned anything but other people's property. You laid your hands on everything father and mother had when they died. I never asked you for a fair share. I never asked you for all the money I'd lent you from time to time. I asked you for mother's old necklace with the hair locket in it. You wouldn't give me that: you wouldn't give me anything. So as you refused me my due I took it, just to give you a lesson.

ELDER DANIELS. Why didnt you take the necklace if you must steal something? They wouldnt have hanged you for that.

BLANCO. Perhaps I'd rather be hanged for stealing a horse than let off for a damned piece of sentimentality.

ELDER DANIELS. Oh, Blanco, Blanco: spiritual pride has been your ruin. If youd only done like me, youd be a free and respectable man this day instead of laying there with a rope round your neck.

BLANCO [turning on him] Done like you! What do you mean? Drink like you, eh? Well, Ive done some of that lately. I see things.

ELDER DANIELS. Too late, Blanco: too late. [Convulsively] Oh, why didnt you drink as I used to? Why didnt you drink as I was led to by the Lord for my good, until the time came for me to give it up? It was drink that saved my character when I was a young man; and it was the want of it that spoiled yours. Tell me this. Did I ever get drunk when I was working?

BLANCO. No; but then you never worked when you had money enough to get drunk.

ELDER DANIELS. That just shews the wisdom of Providence and the Lord's mercy. God fulfils himself in many ways: ways we little think of when we try to set up our own shortsighted laws against his Word. When does the Devil catch hold of a man? Not when he's working and not when he's drunk; but when he's idle and sober. Our own natures tell us to drink when we have nothing else to do. Look at you and me! When we'd both earned a pocketful of money, what did we do? Went on the spree, naturally. But I was humble minded. I did as the rest did. I gave my money in at the drink- shop; and I said, "Fire me out when I have drunk it all up." Did you ever see me sober while it lasted?

BLANCO. No; and you looked so disgusting that I wonder it didn't set me against drink for the rest of my life.

ELDER DANIELS. That was your spiritual pride, Blanco. You never reflected that when I was drunk I was in a state of innocence. Temptations and bad company and evil thoughts passed by me like the summer wind as you might say: I was too drunk to notice them. When the money was gone, and they fired me out, I was fired out like gold out of the furnace, with my character unspoiled and unspotted; and when I went back to work, the work kept me steady. Can you say as much, Blanco? Did your holidays leave your character unspoiled? Oh, no, no. It was theatres: it was gambling: it was evil company, it was reading in vain romances: it was women, Blanco, women: it was wrong thoughts and gnawing discontent. It ended in your becoming a rambler and a gambler: it is going to end this evening on the gallows tree. Oh, what a lesson against spiritual pride! Oh, what a—[Blanco throws his hat at him].

BLANCO. Stow it, Boozy. Sling it. Cut it. Cheese it. Shut up. "Shake not the dying sinner's hand."

ELDER DANIELS. Aye: there you go, with your scraps of lustful poetry. But you cant deny what I tell you. Why, do you think I would put my soul in peril by selling drink if I thought it did no good, as them silly temperance reformers make out, flying in the face of the natural tastes implanted in us all for a good purpose? Not if I was to starve for it to-morrow. But I know better. I tell you, Blanco, what keeps America to-day the purest of the nations is that when she's not working she's too drunk to hear the voice of the tempter.

BLANCO. Dont deceive yourself, Boozy. You sell drink because you make a bigger profit out of it than you can by selling tea. And you gave up drink yourself because when you got that fit at Edwardstown the doctor told you youd die the next time; and that frightened you off it.

ELDER DANIELS [fervently] Oh thank God selling drink pays me! And thank God he sent me that fit as a warning that my drinking time was past and gone, and that he needed me for another service!

BLANCO. Take care, Boozy. He hasnt finished with you yet. He always has a trick up His sleeve—

ELDER DANIELS. Oh, is that the way to speak of the ruler of the universe—the great and almighty God?

BLANCO. He's a sly one. He's a mean one. He lies low for you. He plays cat and mouse with you. He lets you run loose until you think youre shut of him; and then, when you least expect it, he's got you.

ELDER DANIELS. Speak more respectful, Blanco—more reverent.

BLANCO [springing up and coming at him] Reverent! Who taught you your reverent cant? Not your Bible. It says He cometh like a thief in the night—aye, like a thief—a horse-thief—

ELDER DANIELS [shocked] Oh!

BLANCO [overhearing him] And it's true. Thats how He caught me and put my neck into the halter. To spite me because I had no use for Him—because I lived my own life in my own way, and would have no truck with His "Dont do this," and "You mustnt do that," and "Youll go to Hell if you do the other." I gave Him the go-bye and did without Him all these years. But He caught me out at last. The laugh is with Him as far as hanging me goes. [He thrusts his hands into his pockets and lounges moodily away from Daniels, to the table, where he sits facing the jury box].

ELDER DANIELS. Dont dare to put your theft on Him, man. It was the Devil tempted you to steal the horse.

BLANCO. Not a bit of it. Neither God nor Devil tempted me to take the horse: I took it on my own. He had a cleverer trick than that ready for me. [He takes his hands out of his pockets and clenches his fists]. Gosh! When I think that I might have been safe and fifty miles away by now with that horse; and here I am waiting to be hung up and filled with lead! What came to me? What made me such a fool? Thats what I want to know. Thats the great secret.

ELDER DANIELS [at the opposite side of the table] Blanco: the great secret now is, what did you do with the horse?

BLANCO [striking the table with his fist] May my lips be blighted like my soul if ever I tell that to you or any mortal men! They may roast me alive or cut me to ribbons; but Strapper Kemp shall never have the laugh on me over that job. Let them hang me. Let them shoot. So long as they are shooting a man and not a sniveling skunk and softy, I can stand up to them and take all they can give me—game.

ELDER DANIELS. Dont be headstrong, Blanco. Whats the use? [Slyly] They might let up on you if you put Strapper in the way of getting his brother's horse back.

BLANCO. Not they. Hanging's too big a treat for them to give up a fair chance. Ive done it myself. Ive yelled with the dirtiest of them when a man no worse than myself was swung up. Ive emptied my revolver into him, and persuaded myself that he deserved it and that I was doing justice with strong stern men. Well, my turn's come now. Let the men I yelled at and shot at look up out of Hell and see the boys yelling and shooting at me as I swing up.

ELDER DANIELS. Well, even if you want to be hanged, is that any reason why Strapper shouldn't have his horse? I tell you I'm responsible to him for it. [Bending over the table and coaxing him]. Act like a brother, Blanco: tell me what you done with it.

BLANCO [shortly, getting up and leaving the table] Never you mind what I done with it. I was done out of it. Let that be enough for you.

ELDER DANIELS [following him] Then why don't you put us on to the man that done you out of it?

BLANCO. Because he'd be too clever for you, just as he was too clever for me.

FEEMY [reddening, and disengaging her arm from Strapper's] I'm clean enough to hang you, anyway. [Going over to him threateningly]. Youre no true American man, to insult a woman like that.

BLANCO. A woman! Oh Lord! You saw me on a horse, did you?

FEEMY. Yes I did.

BLANCO. Got up early on purpose to do it, didn't you?

FEEMY. No I didn't: I stayed up late on a spree.

BLANCO. I was on a horse, was I?

FEEMY. Yes you were; and if you deny it youre a liar.

BLANCO [to Strapper] She saw a man on a horse when she was too drunk to tell which was the man and which was the horse—

FEEMY [breaking in] You lie. I wasn't drunk—at least not as drunk as that.

BLANCO [ignoring the interruption]—and you found a man without a horse. Is a man on a horse the same as a man on foot? Yah! Take your witness away. Who's going to believe her? Shove her into the dustbin. Youve got to find that horse before you get a rope round my neck. [He turns away from her contemptuously, and sits at the table with his back to the jury box].

FEEMY [following him] I'll hang you, you dirty horse-thief; or not a man in this camp will ever get a word or a look from me again. Youre just trash: thats what you are. White trash.

BLANCO. And what are you, darling? What are you? Youre a worse danger to a town like this than ten horse-thieves.

FEEMY. Mr Kemp: will you stand by and hear me insulted in that low way? [To Blanco, spitefully] I'll see you swung up and I'll see you cut down: I'll see you high and I'll see you low, as dangerous as I am. [He laughs]. Oh you neednt try to brazen it out. Youll look white enough before the boys are done with you.

BLANCO. You do me good. Feemy. Stay by me to the end, wont you? Hold my hand to the last; and I'll die game. [He puts out his hand: she strikes savagely at it; but he withdraws it in time and laughs at her discomfiture].

FEEMY. You—

ELDER DANIELS. Never mind him, Feemy: he's not right in his head to-day. [She receives the assurance with contemptuous credulity, and sits down on the step of the Sheriff's dais].

Sheriff Kemp comes in: a stout man, with large flat ears, and a neck thicker than his head.

ELDER DANIELS. Morning, Sheriff.

THE SHERIFF. Morning, Elder. [Passing on.] Morning, Strapper. [Passing on]. Morning, Miss Evans. [Stopping between Strapper and Blanco]. Is this the prisoner?

BLANCO [rising] Thats so. Morning, Sheriff.

THE SHERIFF. Morning. You know, I suppose, that if you've stole a horse and the jury find against you, you wont have any time to settle your affairs. Consequently, if you feel guilty, youd better settle em now.

BLANCO. Affairs be damned! Ive got none.

THE SHERIFF. Well, are you in a proper state of mind? Has the Elder talked to you?

BLANCO. He has. And I say it's against the law. It's torture: thats what it is.

ELDER DANIELS. He's not accountable. He's out of his mind, Sheriff. He's not fit to go into the presence of his Maker.

THE SHERIFF. You are a merciful man, Elder; but you wont take the boys with you there. [To Blanco]. If it comes to hanging you, youd better for your own sake be hanged in a proper state of mind than in an improper one. But it wont make any difference to us: make no mistake about that.

BLANCO. Lord keep me wicked till I die! Now Ive said my little prayer. I'm ready. Not that I'm guilty, mind you; but this is a rotten town, dead certain to do the wrong thing.

THE SHERIFF. You wont be asked to live long in it, I guess. [To Strapper] Got the witness all right, Strapper?

STRAPPER. Yes, got everything.

BLANCO. Except the horse.

THE SHERIFF. Whats that? Aint you got the horse?

STRAPPER. No. He traded it before we overtook him, I guess. But Feemy saw him on it.

FEEMY. She did.

STRAPPER. Shall I call in the boys?

BLANCO. Just a moment, Sheriff. A good appearance is everything in a low-class place like this. [He takes out a pocket comb and mirror, and retires towards the dais to arrange his hair].

ELDER DANIELS. Oh, think of your immortal soul, man, not of your foolish face.

BLANCO. I cant change my soul, Elder: it changes me—sometimes. Feemy: I'm too pale. Let me rub my cheek against yours, darling.

FEEMY. You lie: my color's my own, such as it is. And a pretty color youll be when youre hung white and shot red.

BLANCO. Aint she spiteful, Sheriff?

THE SHERIFF. Time's wasted on you. [To Strapper] Go and see if the boys are ready. Some of them were short of cartridges, and went down to the store to buy them. They may as well have their fun; and itll be shorter for him.

STRAPPER. Young Jack has brought a boxful up. Theyre all ready.

THE SHERIFF [going to the dais and addressing Blanco] Your place is at the bar there. Take it. [Blanco bows ironically and goes to the bar]. Miss Evans: youd best sit at the table. [She does so, at the corner nearest the bar. The Elder takes the opposite corner. The Sheriff takes his chair]. All ready, Strapper.

STRAPPER [at the door] All in to begin.

(The crowd comes in and fills the court. Babsy, Jessie, and Emma come to the Sheriff's right; Hannah and Lottie to his left.)

THE SHERIFF. Silence there. The jury will take their places as usual. [They do so].

BLANCO. I challenge this jury, Sheriff.

THE FOREMAN. Do you, by Gosh?

THE SHERIFF. On what ground?

BLANCO. On the general ground that it's a rotten jury. [Laughter].

THE SHERIFF. Thats not a lawful ground of challenge.

THE FOREMAN. It's a lawful ground for me to shoot yonder skunk at sight, first time I meet him, if he survives this trial.

BLANCO. I challenge the Foreman because he's prejudiced.

THE FOREMAN. I say you lie. We mean to hang you, Blanco Posnet; but you will be hanged fair.

THE JURY. Hear, hear!

STRAPPER [to the Sheriff] George: this is rot. How can you get an unprejudiced jury if the prisoner starts by telling them theyre all rotten? If theres any prejudice against him he has himself to thank for it.

THE BOYS. Thats so. Of course he has. Insulting the court! Challenge be jiggered! Gag him.

NESTOR [a juryman with a long white beard, drunk, the oldest man present] Besides, Sheriff, I go so far as to say that the man that is not prejudiced against a horse-thief is not fit to sit on a jury in this town.

THE BOYS. Right. Bully for you, Nestor! Thats the straight truth. Of course he aint. Hear, hear!

THE SHERIFF. That is no doubt true, old man. Still, you must get as unprejudiced as you can. The critter has a right to his chance, such as he is. So now go right ahead. If the prisoner don't like this jury, he should have stole a horse in another town; for this is all the jury he'll get here.

THE FOREMAN. Thats so, Blanco Posnet.

THE SHERIFF [to Blanco] Dont you be uneasy. You will get justice here. It may be rough justice; but it is justice.

BLANCO. What is justice?

THE SHERIFF. Hanging horse-thieves is justice; so now you know. Now then: weve wasted enough time. Hustle with your witness there, will you?

BLANCO [indignantly bringing down his fist on the bar] Swear the jury. A rotten Sheriff you are not to know that the jury's got to be sworn.

THE FOREMAN [galled] Be swore for you! Not likely. What do you say, old son?

NESTOR [deliberately and solemnly] I say: GUILTY!!!

THE BOYS [tumultuously rushing at Blanco] Thats it. Guilty, guilty. Take him out and hang him. He's found guilty. Fetch a rope. Up with him. [They are about to drag him from the bar].

THE SHERIFF [rising, pistol in hand] Hands off that man. Hands off him, I say, Squinty, or I drop you, and would if you were my own son. [Dead silence], I'm Sheriff here; and it's for me to say when he may lawfully be hanged. [They release him].

BLANCO. As the actor says in the play, "a Daniel come to judgment." Rotten actor he was, too.

THE SHERIFF. Elder Daniel is come to judgment all right, my lad. Elder: the floor is yours. [The Elder rises]. Give your evidence. The truth and the whole truth and nothing but the truth, so help you God.

ELDER DANIELS. Sheriff: let me off this. I didn't ought to swear away this man's life. He and I are, in a manner of speaking, brothers.

THE SHERIFF. It does you credit, Elder: every man here will acknowledge it. But religion is one thing: law is another. In religion we're all brothers. In law we cut our brother off when he steals horses.

THE FOREMAN. Besides, you neednt hang him, you know. Theres plenty of willing hands to take that job off your conscience. So rip ahead, old son.

STRAPPER. Youre accountable to me for the horse until you clear yourself, Elder: remember that.

BLANCO. Out with it, you fool.

ELDER DANIELS. You might own up, Blanco, as far as my evidence goes. Everybody knows I borrowed one of the Sheriff's horses from Strapper because my own's gone lame. Everybody knows you arrived in the town yesterday and put up in my house. Everybody knows that in the morning the horse was gone and you were gone.

BLANCO [in a forensic manner] Sheriff: the Elder, though known to you and to all here as no brother of mine and the rottenest liar in this town, is speaking the truth for the first time in his life as far as what he says about me is concerned. As to the horse, I say nothing; except that it was the rottenest horse you ever tried to sell.

THE SHERIFF. How do you know it was a rotten horse if you didn't steal it?

BLANCO. I don't know of my own knowledge. I only argue that if the horse had been worth its keep, you wouldn't have lent it to Strapper, and Strapper wouldn't have lent it to this eloquent and venerable ram. [Suppressed laughter]. And now I ask him this. [To the Elder] Did we or did we not have a quarrel last evening about a certain article that was left by my mother, and that I considered I had a right to more than you? And did you say one word to me about the horse not belonging to you?

ELDER DANIELS. Why should I? We never said a word about the horse at all. How was I to know what it was in your mind to do?

BLANCO. Bear witness all that I had a right to take a horse from him without stealing to make up for what he denied me. I am no thief. But you havnt proved yet that I took the horse. Strapper Kemp: had I the horse when you took me, or had I not?

STRAPPER. No, nor you hadnt a railway train neither. But Feemy Evans saw you pass on the horse at four o'clock twenty-five miles from the spot where I took you at seven on the road to Pony Harbor. Did you walk twenty-five miles in three hours? That so, Feemy, eh?

FEEMY. Thats so. At four I saw him. [To Blanco] Thats done for you.

THE SHERIFF. You say you saw him on my horse?

FEEMY. I did.

BLANCO. And I ate it, I suppose, before Strapper fetched up with me. [Suddenly and dramatically] Sheriff: I accuse Feemy of immoral relations with Strapper.

FEEMY. Oh you liar!

BLANCO. I accuse the fair Euphemia of immoral relations with every man in this town, including yourself, Sheriff. I say this is a conspiracy to kill me between Feemy and Strapper because I wouldn't touch Feemy with a pair of tongs. I say you darent hang any white man on the word of a woman of bad character. I stand on the honor and virtue of my American manhood. I say that she's not had the oath, and that you darent for the honor of the town give her the oath because her lips would blaspheme the holy Bible if they touched it. I say thats the law; and if you are a proper United States Sheriff and not a low-down lyncher, youll hold up the law and not let it be dragged in the mud by your brother's kept woman.

[Great excitement among the women. The men much puzzled.]

JESSIE. Thats right. She didn't ought to be let kiss the Book.

EMMA. How could the like of her tell the truth?

BABSY. It would be an insult to every respectable woman here to believe her.

FEEMY. It's easy to be respectable with nobody ever offering you a chance to be anything else.

THE WOMEN [clamoring all together] Shut up, you hussy. Youre a disgrace. How dare you open your lips to answer your betters? Hold your tongue and learn your place, miss. You painted slut! Whip her out of the town!

THE SHERIFF. Silence. Do you hear? Silence. [The clamor ceases]. Did anyone else see the prisoner with the horse?

FEEMY [passionately] Aint I good enough?

BABSY. No. Youre dirt: thats what you are.

FEEMY. And you—

THE SHERIFF. Silence. This trial is a man's job; and if the women forget their sex they can go out or be put out. Strapper and Miss Evans: you cant have it two ways. You can run straight, or you can run gay, so to speak; but you cant run both ways together. There is also a strong feeling among the men of this town that a line should be drawn between those that are straight wives and mothers and those that are, in the words of the Book of Books, taking the primrose path. We don't wish to be hard on any woman; and most of us have a personal regard for Miss Evans for the sake of old times; but theres no getting out of the fact that she has private reasons for wishing to oblige Strapper, and that—if she will excuse my saying so—she is not what I might call morally particular as to what she does to oblige him. Therefore I ask the prisoner not to drive us to give Miss Evans the oath. I ask him to tell us fair and square, as a man who has but a few minutes between him and eternity, what he done with my horse.

THE BOYS. Hear, hear! Thats right. Thats fair. That does it. Now Blanco. Own up.

BLANCO. Sheriff: you touch me home. This is a rotten world; but there is still one thing in it that remains sacred even to the rottenest of us, and that is a horse.

THE BOYS. Good. Well said, Blanco. Thats straight.

BLANCO. You have a right to your horse, Sheriff; and if I could put you in the way of getting it back, I would. But if I had that horse I shouldn't be here. As I hope to be saved, Sheriff—or rather as I hope to be damned; for I have no taste for pious company and no talent for playing the harp—I know no more of that horse's whereabouts than you do yourself.

STRAPPER. Who did you trade him to?

BLANCO. I did not trade him. I got nothing for him or by him. I stand here with a rope round my neck for the want of him. When you took me, did I fight like a thief or run like a thief; and was there any sign of a horse on me or near me?

STRAPPER. You were looking at a rainbow, like a damned silly fool instead of keeping your wits about you; and we stole up on you and had you tight before you could draw a bead on us.

THE SHERIFF. That don't sound like good sense. What would he look at a rainbow for?

BLANCO. I'll tell you, Sheriff. I was looking at it because there was something written on it.

SHERIFF. How do you mean written on it?

BLANCO. The words were, "Ive got the cinch on you this time, Blanco Posnet." Yes, Sheriff, I saw those words in green on the red streak of the rainbow; and as I saw them I felt Strapper's grab on my arm and Squinty's on my pistol.

THE FOREMAN. He's shammin mad: thats what he is. Aint it about time to give a verdict and have a bit of fun, Sheriff?

THE BOYS. Yes, lets have a verdict. We're wasting the whole afternoon. Cut it short.

THE SHERIFF [making up his mind] Swear Feemy Evans, Elder. She don't need to touch the Book. Let her say the words.

FEEMY. Worse people than me has kissed that Book. What wrong Ive done, most of you went shares in. Ive to live, havnt I? same as the rest of you. However, it makes no odds to me. I guess the truth is the truth and a lie is a lie, on the Book or off it.

BABSY. Do as youre told. Who are you, to be let talk about it?

THE SHERIFF. Silence there, I tell you. Sail ahead, Elder.

ELDER DANIELS. Feemy Evans: do you swear to tell the truth and the whole truth and nothing but the truth, so help you God?

FEEMY. I do, so help me—

SHERIFF. Thats enough. Now, on your oath, did you see the prisoner on my horse this morning on the road to Pony Harbor?

FEEMY. On my oath—[Disturbance and crowding at the door].

AT THE DOOR. Now then, now then! Where are you shovin to? Whats up? Order in court. Chuck him out. Silence. You cant come in here. Keep back.

(Strapper rushes to the door and forces his way out.)

SHERIFF [savagely] Whats this noise? Cant you keep quiet there? Is this a Sheriff's court or is it a saloon?

BLANCO. Dont interrupt a lady in the act of hanging a gentleman. Wheres your manners?

FEEMY. I'll hang you, Blanco Posnet. I will. I wouldn't for fifty dollars hadnt seen you this morning. I'll teach you to be civil to me next time, for all I'm not good enough to kiss the Book.

BLANCO. Lord keep me wicked till I die! I'm game for anything while youre spitting dirt at me, Feemy.

RENEWED TUMULT AT THE DOOR. Here, whats this? Fire them out. Not me. Who are you that I should get out of your way? Oh, stow it. Well, she cant come in. What woman? What horse? Whats the good of shoving like that? Who says? No! you don't say!

THE SHERIFF. Gentlemen of the Vigilance Committee: clear that doorway. Out with them in the name of the law.

STRAPPER [without] Hold hard, George. [At the door] Theyve got the horse. [He comes in, followed by Waggoner Jo, an elderly carter, who crosses the court to the jury side. Strapper pushes his way to the Sheriff and speaks privately to him].

THE BOYS. What! No! Got the horse! Sheriff's horse? Who took it, then? Where? Get out. Yes it is, sure. I tell you it is. It's the horse all right enough. Rot. Go and look. By Gum!

THE SHERIFF [to Strapper] You don't say!

STRAPPER. It's here, I tell you.

WAGGONER JO. It's here all right enough, Sheriff.

STRAPPER. And theyve got the thief too.

ELDER DANIELS. Then it aint Blanco.