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- The Shewing-up of Blanco Posnet - 6/21 -


Lincoln and McKinley, and Sir Curzon Wyllie? Here is a strong case for some constitutional means of preventing the performance of a play. True, it is an equally strong case for preventing the circulation of the Bible, which was always in the hands of our regicides; but as the Roman Catholic Church does not hesitate to accept that consequence of the censorial principle, it does not invalidate the argument.

Take another actual case. A modern comedy, Arms and The Man, though not a comedy of politics, is nevertheless so far historical that it reveals the unacknowledged fact that as the Servo-Bulgarian War of 1885 was much more than a struggle between the Servians and Bulgarians, the troops engaged were officered by two European Powers of the first magnitude. In consequence, the performance of the play was for some time forbidden in Vienna, and more recently it gave offence in Rome at a moment when popular feeling was excited as to the relations of Austria with the Balkan States. Now if a comedy so remote from political passion as Arms and The Man can, merely because it refers to political facts, become so inconvenient and inopportune that Foreign Offices take the trouble to have its production postponed, what may not be the effect of what is called a patriotic drama produced at a moment when the balance is quivering between peace and war? Is there not something to be said for a political censorship, if not for a moral one? May not those continental governments who leave the stage practically free in every other respect, but muzzle it politically, be justified by the practical exigencies of the situation?

THE DIFFERENCE BETWEEN LAW AND CENSORSHIP

The answer is that a pamphlet, a newspaper article, or a resolution moved at a political meeting can do all the mischief that a play can, and often more; yet we do not set up a permanent censorship of the press or of political meetings. Any journalist may publish an article, any demagogue may deliver a speech without giving notice to the government or obtaining its licence. The risk of such freedom is great; but as it is the price of our political liberty, we think it worth paying. We may abrogate it in emergencies by a Coercion Act, a suspension of the Habeas Corpus Act, or a proclamation of martial law, just as we stop the traffic in a street during a fire, or shoot thieves at sight if they loot after an earthquake. But when the emergency is past, liberty is restored everywhere except in the theatre. The Act of 1843 is a permanent Coercion Act for the theatre, a permanent suspension of the Habeas Corpus Act as far as plays are concerned, a permanent proclamation of martial law with a single official substituted for a court martial. It is, in fact, assumed that actors, playwrights, and theatre managers are dangerous and dissolute characters whose existence creates a chronic state of emergency, and who must be treated as earthquake looters are treated. It is not necessary now to discredit this assumption. It was broken down by the late Sir Henry Irving when he finally shamed the Government into extending to his profession the official recognition enjoyed by the other branches of fine art. To-day we have on the roll of knighthood actors, authors, and managers. The rogue and vagabond theory of the depravity of the theatre is as dead officially as it is in general society; and with it has perished the sole excuse for the Act of 1843 and for the denial to the theatre of the liberties secured, at far greater social risk, to the press and the platform.

There is no question here of giving the theatre any larger liberties than the press and the platform, or of claiming larger powers for Shakespear to eulogize Brutus than Lord Rosebery has to eulogize Cromwell. The abolition of the censorship does not involve the abolition of the magistrate and of the whole civil and criminal code. On the contrary it would make the theatre more effectually subject to them than it is at present; for once a play now runs the gauntlet of the censorship, it is practically placed above the law. It is almost humiliating to have to demonstrate the essential difference between a censor and a magistrate or a sanitary inspector; but it is impossible to ignore the carelessness with which even distinguished critics of the theatre assume that all the arguments proper to the support of a magistracy and body of jurisprudence apply equally to a censorship.

A magistrate has laws to administer: a censor has nothing but his own opinion. A judge leaves the question of guilt to the jury: the Censor is jury and judge as well as lawgiver. A magistrate may be strongly prejudiced against an atheist or an anti- vaccinator, just as a sanitary inspector may have formed a careful opinion that drains are less healthy than cesspools; but the magistrate must allow the atheist to affirm instead of to swear, and must grant the anti-vaccinator an exemption certificate, when their demands are lawfully made; and in cities the inspector must compel the builder to make drains and must prosecute him if he makes cesspools. The law may be only the intolerance of the community; but it is a defined and limited intolerance. The limitation is sometimes carried so far that a judge cannot inflict the penalty for housebreaking on a burglar who can prove that he found the door open and therefore made only an unlawful entry. On the other hand, it is sometimes so vague, as for example in the case of the American law against obscenity, that it makes the magistrate virtually a censor. But in the main a citizen can ascertain what he may do and what he may not do; and, though no one knows better than a magistrate that a single ill-conducted family may demoralize a whole street, no magistrate can imprison or otherwise restrain its members on the ground that their immorality may corrupt their neighbors. He can prevent any citizen from carrying certain specified weapons, but not from handling pokers, table-knives, bricks or bottles of corrosive fluid, on the ground that he might use them to commit murder or inflict malicious injury. He has no general power to prevent citizens from selling unhealthy or poisonous substances, or judging for themselves what substances are unhealthy and what wholesome, what poisonous and what innocuous: what he CAN do is to prevent anybody who has not a specific qualification from selling certain specified poisons of which a schedule is kept. Nobody is forbidden to sell minerals without a licence; but everybody is forbidden to sell silver without a licence. When the law has forgotten some atrocious sin--for instance, contracting marriage whilst suffering from contagious disease--the magistrate cannot arrest or punish the wrongdoer, however he may abhor his wickedness. In short, no man is lawfully at the mercy of the magistrate's personal caprice, prejudice, ignorance, superstition, temper, stupidity, resentment, timidity, ambition, or private conviction. But a playwright's livelihood, his reputation, and his inspiration and mission are at the personal mercy of the Censor. The two do not stand, as the criminal and the judge stand, in the presence of a law that binds them both equally, and was made by neither of them, but by the deliberative collective wisdom of the community. The only law that affects them is the Act of 1843, which empowers one of them to do absolutely and finally what he likes with the other's work. And when it is remembered that the slave in this case is the man whose profession is that of Eschylus and Euripides, of Shakespear and Goethe, of Tolstoy and Ibsen, and the master the holder of a party appointment which by the nature of its duties practically excludes the possibility of its acceptance by a serious statesman or great lawyer, it will be seen that the playwrights are justified in reproaching the framers of that Act for having failed not only to appreciate the immense importance of the theatre as a most powerful instrument for teaching the nation how and what to think and feel, but even to conceive that those who make their living by the theatre are normal human beings with the common rights of English citizens. In this extremity of inconsiderateness it is not surprising that they also did not trouble themselves to study the difference between a censor and a magistrate. And it will be found that almost all the people who disinterestedly defend the censorship today are defending him on the assumption that there is no constitutional difference between him and any other functionary whose duty it is to restrain crime and disorder.

One further difference remains to be noted. As a magistrate grows old his mind may change or decay; but the law remains the same. The censorship of the theatre fluctuates with every change in the views and character of the man who exercises it. And what this implies can only be appreciated by those who can imagine what the effect on the mind must be of the duty of reading through every play that is produced in the kingdom year in, year out.

WHY THE LORD CHAMBERLAIN?

What may be called the high political case against censorship as a principle is now complete. The pleadings are those which have already freed books and pulpits and political platforms in England from censorship, if not from occasional legal persecution. The stage alone remains under a censorship of a grotesquely unsuitable kind. No play can be performed if the Lord Chamberlain happens to disapprove of it. And the Lord Chamberlain's functions have no sort of relationship to dramatic literature. A great judge of literature, a farseeing statesman, a born champion of liberty of conscience and intellectual integrity--say a Milton, a Chesterfield, a Bentham-- would be a very bad Lord Chamberlain: so bad, in fact, that his exclusion from such a post may be regarded as decreed by natural law. On the other hand, a good Lord Chamberlain would be a stickler for morals in the narrowest sense, a busy-body, a man to whom a matter of two inches in the length of a gentleman's sword or the absence of a feather from a lady's head-dress would be a graver matter than the Habeas Corpus Act. The Lord Chamberlain, as Censor of the theatre, is a direct descendant of the King's Master of the Revels, appointed in 1544 by Henry VIII. To keep order among the players and musicians of that day when they performed at Court. This first appearance of the theatrical censor in politics as the whipper-in of the player, with its conception of the player as a rich man's servant hired to amuse him, and, outside his professional duties, as a gay, disorderly, anarchic spoilt child, half privileged, half outlawed, probably as much vagabond as actor, is the real foundation of the subjection of the whole profession, actors, managers, authors and all, to the despotic authority of an officer whose business it is to preserve decorum among menials. It must be remembered that it was not until a hundred years later, in the reaction against the Puritans, that a woman could appear on the English stage without being pelted off as the Italian actresses were. The theatrical profession was regarded as a shameless one; and it is only of late years that actresses have at last succeeded in living down the assumption that actress and prostitute are synonymous terms, and made good their position in respectable society. This makes the survival of the old ostracism in the Act of 1843 intolerably galling; and though it explains the apparently unaccountable absurdity of choosing as Censor of dramatic literature an official whose functions and qualifications have nothing whatever to do with literature, it


The Shewing-up of Blanco Posnet - 6/21

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