HL Deb 03 August 1883 vol 282 cc1462-5
THE EARL OF SHAFTESBURY

said, he rose to call the attention of Her Majesty's Government to the operation of the Act of 1879, intituled "The Children's Dangerous Performances Act." He did not intend to discuss the principle of the Act, as that had already been affirmed, but merely to refer to details connected with the matter. In 1879 a Bill was passed by the Government which provided that no person should cause a child under the ago of 14 to go through any performance whereby, in the opinion of a Court of Summary Jurisdiction, life or limb should be endangered. These provisions had been altogether ignored. He believed that at this time the evil prevailed to a greater extent than it ever did before. Within the last two or three weeks he had received communications from persons who were deeply concerned about the continuance of horrible and disgusting exhibitions; and although the Session was drawing to a close, he thought it would be desirable to bring the subject under the notice of the Government, in order that they might consider whether next Session something could not be done in the way of amending the law so as to give the much-needed protection to young children, and save the country from exhibitions so disgusting to every sense of humanity. He would first direct their Lordships' attention to a letter in The Times of Thursday from a clergyman who had been present at a one of these exhibitions, animated by a desire to learn what was the true nature of the amusements that were so attractive to certain classes of the people. In his letter he described the feat which was designated that of "the human serpent;" and he said— This human serpent' is a little girl, and she is made to throw her head backwards and to bend her spine so that her head not only touches the ground, but is bent completely under her, so that her face looks out from between her legs. In this painful position she is compelled to remain and to perform tricks until the blood rushes into her face and she is obliged to unbend, upon doing which she pants fearfully. A few weeks ago he received a letter from a man who had been for more than 20 years connected with an association of gymnasts, acrobats, circus riders, and the like; and this correspondent said— Of these wretched children the number is legion. They are taken at a very tender age—the earlier the better—under the guise of apprentices, and the masters claim control over them until 21 years of age. Now, my experience teaches me that before reaching that age 18 out of 20 who escape fatal accidents are obliged to wear pads or bandages, the result of broken limbs or sprains through falls; and I can assert that all and every accident that occurs is carefully hushed up and kept from the knowledge of the public, if possible. All this was confirmed by the testimony of an acrobat who came to see him and give an account of his early life. He was 25 years of age, and could walk about, but was wholly incapable of muscular labour, and ever in danger of falling down. He described the torture undergone in training, especially for that which was called the "back-slide trick," in which the body was turned into a hoop, the head meeting the heels. His first informant further said— If your Lordship had seen and knew, as I have seen and know during an experience of 20 years, the floggings and cruelties practised in the so-called tuition of those little ones, and the hardships they have to endure, I am sure your Lordship would not lose an instant in trying to stop those cruelties at once and for ever. He might go on to much greater length; but surely here was enough to stir anyone to exertion on behalf of those miserable victims. The law in America, and he believed in certain parts of the Continent, was stringent and well observed. No boy or girl in America was allowed to appear in public as gymnast or acrobat before attaining the age of 16 years, and then only on the production of a certificate in proof of age. He might be asked—"What is your remedy for such a state of things?" There was, he thought, some legislative remedy; but the Session was too far advanced for any hope of the kind. The placing under apprenticeship for such services should be absolutely forbidden. Children were sold by their parents, or possibly surrendered by the workhouses. The age before which they might be exhibited should be raised to 17, for the cost of maintaining them to that age would eat up all the profits, and so put a stop to the system altogether. The Act was defective in providing that no performance should be permitted whereby "the life or limb of any child shall be endangered." The performance itself might not be dangerous, but the training for such performance was cruel and dangerous in the extreme; yet by the terms of the Act it was not prohibited. The school board authorities might be instructed to exercise more vigilance, and see that these children were sent to school. School and acrobat training could never go on together. The magistrates and the police, too, in the case of such exhibitions taking place within their respective jurisdictions, might be instructed to demand an inspection of the certificates of the ages of these children, and be empowered, if not satisfied, to prohibit the exhibition altogether. But laws, though good and necessary, might be ineffective unless backed by public opinion. So long as the public would countenance such things, and pay for seeing them, so long these horrible practices would continue. It was a disgrace to the age in which we lived, and it was in the hope of making an appeal to the community in general that they should express their disgust and horror of such amusements as these that he had ventured to bring this sad subject under the consideration of their Lordships.

THE EARL OF DALHOUSIE

said, he did not take exception to anything that had fallen from the noble Earl. He might say on behalf of the Government, and on his own behalf, most sincerely, that the noble Earl was always listened to on such subjects with the greatest attention. He felt confident that the appeal of the noble Earl to the public would not be without its effect. But, however much the Government might sympathize with the noble Earl in his reprobation of these atrocities, and in his desire to put a stop to them, it was, as the noble Earl himself had said, too late to think of legislation this Session. The Act of 1870 had, no doubt, prevented some dangerous public exhibitions; but it did nothing to check a great deal of cruelty to children when they were being trained to acrobatic performances. That Act only passed with considerable modifications; and he believed, even in the form in which it was first introduced, it would not have met the cases his noble Friend had brought to the notice of the House. The noble Earl had shown in his speech what might be done without any further legislation, and he hoped sincerely that his words would not be lost upon the school boards of the country. Undoubtedly, it was impossible that school board education and acrobatic training could go together; and if the school beards were thoroughly active and efficient, acrobatic training must collapse. On behalf of the Government, he could only say that the matter, having been brought to their notice, should be most carefully considered.

LORD CARRINGTON

said, that, with regard to the charge of apprenticing children from the workhouses, he would cause inquiries to be made as to whether Boards of Guardians had apprenticed children to acrobats.

THE EARL OF SHAFTESBURY

said, that the Act of 1879 authorized the magistrates to prevent performances that wore dangerous to life or limb; but if a magistrate went to witness an acrobatic performance be would probably not see any danger in it, on account of the proficiency acquired by the performer. The real danger lay in the training, which was not public, and which the magistrates could not stop.