IMAGE EVALUATION TEfT TARGET (MT-3) # 1.0 I.I 111 11^ ~ '^ m M III 2.5 Z2 2.0 1.8 1.25 1.4 1.6 ^ 6" — ► I Photographic ScMces Corporation ^>*' 33 WEST MAIN STREET WEBSTER, N.Y. )4SaO (716) 873-4S03 CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Mtcroreproductions / Institut Canadian de microreproductions historiques Technical and BibKographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographlcally unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. L'Institut a microfilm^ le meilleur excmplaire qu'il lui a eti possible de ffe procurer. Les details de cat exemplaire qui sont peut-dtre uniques du point de vue bibliographique. qui peu/ent modifier une image reproduite, ou qui peuvent exiger une modification dans la m^thode normale de filmage sont indiqu^s ci-dessous. D D D n n n Coloured covers/ Couverture de coulaur Covers damaged/ Couverture endommag^e r~~| Coloured pages/ 1 Covers restored and/or laminated/ Couverture restaur^e at/ou pelliculee Cover title missing/ Le titre de couverture manqua Colrured maps/ Cartes gAographiques en couleur Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire} Coloured plates and/or illustrations/ Planches et/ou illustrations an coulaur Bound with other material/ RaliA avac d'autras documents Tight binding may causa shadows or distortion along interior margin/ Lareliure serree peut causer de I'ombre ou de la diatorsion !• long de la marga intdrieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certainas pages blanches aiouties lors dune rsstauration apparaissent dens la texte. mais. lorsque cela itait possible, ces pagas n'ont pas Ati filmias. y Pages de couleur Pages damaged/ Pages endommagdas Pages restored and/oi Pages restaurees et/ou pelliculdes Pages discoloured, stained or foxe( Pages ddcolorees, tachetdes ou piquees r~~| Pages damaged/ I I Pages restored and/or lammated/ I I Pages discoloured, stained or foxed/ □Pages detached/ Paces d^tachees Showthrough/ Transparence □ Quality of print varies/ Qualiti in^gale do I'impression □ Includes supplementary material/ Comprend du material supplementaire nOnly edition available/ Seule Edition disponible □ Pages wholly or partially obscured by errata slips, tissues, etc . have been refilmed to ensure the best possible image/ Las pages totalement ou partiellement obscurcies par un feuillet d'errata, une pelure. etc., cnt iti film^^es ^ nouveau de facon a obtanir la meilleure image possible. D Additional commsnts:/ Ccmmentaires supplimentaires; This item i^ filmed at the reduction ratio checked below/ Ce document est film* au taux de rA iuction indiquA ci-dassous. 10X 14X 18X 22X 26X 30X I J 12X 16X 20X 24X 28X 32X The copy fiimed here has been reproduced thanks to the generosity of: Harold Campbell Vaughan Memorial Library Acadia University The images appearing here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page v/ith a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol — »- (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper lefv hand corner, left to right and top to bottom, ad many frames as required. The following diagrams illustrate the method: L'exemplaire filmd fut reproduit grflce £ la g6n6ro8it6 de: Harold Campbell Vaughan Memorial Library Acadia University Les images suivantes ont 6t6 reproduites avec le plus grand soin, compte tenu de la condition et de la nettetd de l'exemplaire film6, et en conformity avec les conditions du contrat de filmage. Les exemplaires originaux dont la couverture en papier est imprim6e sont film^s en commen^ant par !e premier plat et en terminant soit par la dernidrc page qui comporte une empreinte d'impression cu d'illustration, soit par le second plat, selon le cas. Tous les auti'es exemplaires originaux sont filmds en commengant par la premiere page qui comporte une empreinte d'impression ou d'illustration et en terminant par la derni^re page qui comporte une telle empreinte. Un des symboles suivants apparaftra sur !a dernidre ir.tage de cheque microfiche, selon le cas: le symbole — ^> signifie "A SUiVRE". le symbole V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent dtre fWmit. d des taux de r6duclion diffdrents. Lorsque le document est trop grand pour Atre reproduit en un seul clich6, il est film6 d partir de Tangle sup6rieur gauche, de gauche A droite. et de haut en bas, en prenant le nombre d'imagen n^cessaire. Les diagrammes suivants IMustrent la mithode. 1 2 3 1 2 3 4 5 6 V C47 Immoral LegislatioiN. ATEMENT PRINTED (BUT NOT PUBLISHED) FOR THE INFOUMATION OF THE COMIvIISSIONERS lprc0bi?tcrian CLurcb in (^ana^a, MEETING IN GENERAL ASSEMBLY, NlONTRKAL, JUNE lO, 1885, BY A CHURCH MEMBER, ,,,is statement wa. accc.panieO with the foUo.ing Memorial -.— . • f ih, Prabvieriatt Church tn Canada, To the Moderator and Conumsnoners of the Pn.byten Meeting in General Assembly : The Memorial of the undersigned, a member of the said Church, Shewkth— Whe,ea« .1.= .>o,.i„k,,, law (Act 3-33 '^^"'S ^^'^■ i„ ,hat it a™, no. pmlcc. ">";° >'' o" '""';" 3 „, „„, ,,„„i,l,al.l« ancle, i„ ,hat t,a(fickc« in .ice and 'f »>7' "'j '' ,', , p„,„t..l ••■""— "^ • f l..t1 Iws and earnest demand for their Whereas solemn protest ^^^^'J^^ Ceneral Assembly ; amendment, i-ropcrly come Nv.lhin the purv.ew Wherefore your petitioner prays your Reverend Court to make such pro- test and dem..Upon the Dominion Parliament, and „. . d,.ct that an synods, -^l.tenes^^^^- -^^n^^J wi,hin the bounds shall take communication, thereot g accordingly. p A_ WATT. Montreal, June I'i'Cn, 1885. spread andhcaltl.y public opinion t.i.ght thereby Not Published.] J MMORAL Legislation. ;ir ro- ons ves tee, ries, ride- The Dominion laws relating to social morality, and for the protection of women and girls, are chiefly contained in the Act of Parliament quoted below, passed in the year 1869, at the instance of Sir John A. Macdonald the then minister of justice, through the House of Commons, and of Sir Alexander Campbell the present minister of justice, through the Senate. No serious attempt to enlarge the scope of these enactments or to amend them has since been made, either by the department of justice or by either of the ministers, and certain well-meant endeavours in that direction on the part of private members have been, opposed, baulked, and made abortive by the opposition of the first minister in the lower house, and of the minister of justice m ihc upper. The law as it now stands (with the additional clause quoted) may therefore be accepted as the most finished work of the department of justice, and the following criticisms are based on that assumption. Of this law as a whole it may be said that, under it, pum's/i- mcnt is in inverse ratio to crime, and protection in inverse ratio to helplessness. Lechers may hire procurers, guardians may betray their trusts, parents may sell their children, and still be within their legal rights. And as regards protection :— to take away a girl with expectations is a felony if she be under twenty- one (54); to take away a guarded girl without expectations is a misdemeanour up to the ago of sixteen (56); but for girls who are without expectations and without guardians all protection ceases after their eleventh year of childhood (53). There is thus one law for the rich and guarded, and another and a much weaker law for the poor and friendless. Our law- makers, having first carefully protected their own daughters and the daughters of the rich, have deliberately left the orphaned daughters of the poor an open prey. • • ,hf^ 12-X1 Vic. chap. 20 (anno 1869) . , H.e crime of violence, (see also 36 Vic. chap. 49. Punishes tlie crnnt 50, anno 1873)- . ^^ 50 Whosoever by fake F<='«;'^f \,^t1nT!Jr" 'imder ' Ae o„ir ;-ra.KluWn. "<--• "X^^,, S cl ^connc'c.ion with any l->:S,s;^,s-a;;;s^^™ -•----' "■'* "' ^"*'"" '"'■' 'T'\o reach procurer, and to punish the This clause, purporting to '^'■^"J ^^y „„ conviction traffic in vice, has proved so tneffectve hat p^ ^J_^^^ ^^^^^^ ., of this very common crime has |,^,^ in^t a law Moreover, the moral sei.se of *^ ™ "™" ^^^ expressly exempts which singles out the agent for l™'"™"'; „^, .fo^er than the the greater criminal, the prmcip . ho . _^^^ ._^ ^^^ procurer" have hc» ."terpo a ed 1 . e . y^^^^ ^_^^^ ^^^^ .^^ 'British act from "'"'* ' ^„f f^' „auchery are punished in Trafficers in vice and inciteis i ,a„.-makers even almost every civilised coant,yin*^^oW .^ ^^^^^^^ of France, perhaps "« ™st b o liel r ^^ ^ ^.^^^^^^ Have put our legislator '° f^^,,. ,; abetting, or facilitating article 334 of .be !--' <■ *^„:" ; fj the age of twentyone, immorality in yo»*= °J,",ense reservation or the omission and that without '^^ J^f '"^'^f "'f ^f ,he law. Procuration of tlieconspirator-in-chieffrom *e --op^o ,^,, p„. commonly involves consj.racy -H^e" ^^ ,^^^^^^^^ .^ ^„ vision that "a conspiracy » ^""^'f^.,^ '^ ,esults. In any offence" might be «-'=";'"^fl";l here fraud is used ; and as event there should be no hm of agwhe ^^ ,^^^^^^^^ regards girls wbo -,™™;,*hotd include principal as well as ="r rr :«' : roHh'oMd or abet m .he act of infamy. agent, and also am ^^^^.^^ ^^^^^^d The minister of 3ust.e J- ^-^^^^^ through the Senate a bill re-enacting .in.t a child " under the age of ten 51. Punishes a crime ag^insa^^^^ years" as a felony, (see 40 Vic. cnap. The limit of age here is scandalously low; in Britain it is twelve years. 52. Punishes the defilement of a girl over ten and " under the age of twelve years " as a misdemeanour. This provision of the Canadian law, which in effect withholds all protection from children beyond their eleventh year, provided always thai they are also orphaned and penniless, is both odious and revolting. It is true that the age in Britaii. is thirteen years, but as long ago as 1881 a committee of the House of Lords was appointed to enquire into the question ; they reported in July, 1882, and recommended {inter alia), — " 3. That the age up to which it shall be an offence to have or attempt to have carnal knowledge of, or to indecendy assault a girl, be raised from thirteen to sixteen." A bill embodying tliis halting recommendation was before the House of Lords in July, 18S3, when Lord Mount Temple took a division on the ) and whosoever fraudulently allures, takes away or detains such woman, being under the age of twenty-one years, out of the possession and against the will of her father and mother or of any other i)erson having the lawful care or charge of her, with intent to marry or carnally know her or to cause her to be married or carnally known by any other person, is guilty of felony, and shall be liable to be imprisoned in the penitentiary for any term not exceeding fourteen years and not less than two years,— or to be imi)risoned in any other gaol or place of confinement for any term less than two years with or without hard labour ; and whosoever is convicted of any offence against this section shall h- incapable of taking any estate or interest, legal or equitable, in anv real or personal property of such woman, or in which she has anv such interest, or which shall come to her as such heiress, co- heiress or next of kin as aforesaid and if any such marriage as aforesaid shall have taken place, such property shall, upon such conviction, be settled in such manner as the Court ot Chancery in Ontario, the Supreme Court in Nova Scotia or New Brunswick, or the Superior Court in (Quebec, shall appoint, upon any infor- mation at the suit of the Attorney General for the Province in which the property is s-tuate. This clause with every possible ingenuity of phraseology pro- tects ric/i women {a) of any age from force ; and {/>), if they be under twenty-one, it affords them legal protection in their persons against the consequences of their own ignorance or folly, I somewhat similar to that extended to the property of all minors. This is a just and right principle, but the peculiar baseness of the provision lies in the circumstance that protection is here afforded to the rich and guarded and to them only. It is however note- worthy that the clause does not protect the girl from an offence coming to her from, or with the connivance and consent of, her guardian ;— in debauching his ward he would be within his legal rights as here expressed, whereas a less heinous breach of trust in respect of her property would consign him to penal servitude. The French code is careful to emphasise crimes of this character by assigning hard-labor when the guilty persons are those having authority, or are officials, or are in conspiracy (see article 333), than which nothing can be more just and right, or more tersely and comprehensively expressed. The clause should be amended so as to include within its scope all women, rich or poor, friendless or guarded, and under (a) it should cover fraud as well as force and motives of lust as well as of lucre. 55. Punishes the forcible abduction of any woman or eirl with intent, as a felony. ' 56. Whosoever unlawfully takes or causes to be taken any unmarried girl being under the age of sixteen years, out of the possession and against the will of her father and mother or of any other person having the lawful care or charge of her, is guilty of a misdemeanour, and shall be liable to be imprisonea in any gaol or place of confinement, other than a penitentiary, for any term less than two years, with or without hard labour. Under clause 54, guarded girls with expectations are protected up to twenty-one on pain of felony ; while here guarded girls without expectations are less well protected, up to the lower age of sixteen, and on pain of only misdemeanour ! * Many of the remarks under clauses 52 and 54 are equally appKcable to this clause, and need not be repeated. The new sub-clause which the minister of justice proposes to enact reads thus : — 50. Every one who by false pretences, false representations, or other fraudulent means * * * * (^) inveigles or entices any such woman or girl [i.e. under the age of twenty-one years] to a house of ill-fame or assignation for the purpose of etc., etc. ttithnnVinn.^..^.'""'' I'l'^'' "^ "'","• "'*-\ "."' ^''^^ ^ «•■■' t'>"s circumstanced in honorable nr.ri iajfe «V,wV .. i'"<'T'"* !''f penalties o the Quebec code if she be under twenty -one, but he imv abduct and debauch her and be within his legal rights if she be not under sixteen" ^ 8 0,0 »gc of tl,e g,rl, (.) *e -y^-^^'J,'^ "^^ ,„ evil purpose. „,cnt (4) to a house < 5 . "' ' >f '™;; „4i enacts that any one contrast a« this w,th - -^fg- 'cl „= , „;„„, heiress, with who tnerely allures a«aj from her g ^^^^.^^ .^ ^ intent, shall be g>^lty <'< <''°"''\l^""lZ!'e or inJuce mmoral tegal offence .. * "'^ ^ ^^ ' ^rXining and deterring ach will, mmors »ou,d be u e ^^.^^^^ ^,^^^^ ^„ criminals, whereas P™",^7Vfnis hrevous.l The title of the not merely valueless, bu a so nsd.evou ^ ^^^^ __ ^__ ^^^ ^^ ;^LTtc"?^^^arauro:irtheJ,lemento.gir.^^ certain cases ! " * .l„sion that the limits of legislation in It is submitted, rn conchis.on, thM ^^ ^^^^ ,^ ,_^^^ ^^^^^_ respect of social '»'=»'">• ;;;^ ~;;"„„^ ^^,„w be protected agairrst tag property. Hence :-(.) all P r=o ,^^^^^^^^ ^^^^„^ ';:SiXrsrtht rigntnce ana ipperience.. and (3) n vers of trusts should be specially pumshaole. "further sub,nittedthataH,,.e-r^mdea.«r.ns^^^^^^^^^^^ and in authority should ^^^^^^^2^. The lines ^:::::r^^t^-^ -- -» somewhat as "r.n:.the,a„anditsad™n^.,o„^^;»-^^^ thni difference should be in favor ot tne you Z, afnow, in favor of the ^^^^ ^,^_ „,,„.. ,,:er tri,rrf::r:-r Of force, ir— on, or "•''"''■ , a .A „,ntpction to all minors against , That the law ought to afford protection to incitement to imtrroral acts by any means whatever. indirect, (seu, t.ff- ''"^ ,..-,•; 4- I'hat the persons of women and girls slu.uld have ll.e snne measure of protedion under the law as is now mv.n to their property. 5- 'rhat («) procurers and other traders in vice, with those who hire, aid, or abet them, {h) conspirators to promote vice, and {c) betrayers of trusts, should be singled out for spe<:ial i.unishment. Montreal, June, 1885. •■■ ^t Ihe bill referred to on page 6 having been forced through the House ot Commons, at a single sitting, near the close of the session, I sent the following petition to His Excellency (in Council) :-- The Memorial of the undersigned, a Citizen of Montreal, ' •Sheweth — T/iat M\)mm a bill has recently passed both Houses of Parliament, and is LOW before your Excellency for assent, entitled " . .» Act further to amend an Act entitled ' An Act respecting offences against the person." " (WaijcvCiTS the principal clause of the said bill, by implication, (o) Legalizes the crime of procuration, unless the victim be a minor and fraud be provable, and (//> Legalizes the defilement of minor girls when over eleven years old, unless the crime be compassed by means of fraud, enticement, a brothel and what-not, provable and cumulative ; -the said clause being in effect a notification to traffickers in vice and lechers generally, that if certain procedure be avoided by them, they will be within their legal rights ; and 10 £«ahcrcrtJS the pnn.ipals of morality miuirc that each of these nin.es should he const.tt.ted a punishable legal offence, w.thoiit reservations and under all rirciunstances and have, m fa< I, been so'.onsi.luted by the la.,, of many -ivilized commun.t.es,^^^^ ocllhcrcAg it is the duty of legislative bodies to enact decent, reputable and moral legislation, ^vhile this proposed law, together with that which it purports to amend, are essentially mdecent, disrei)Utable and immoral :— ^cil)crtfort, vour Memorialist prays your Excellency to with- hold assent from the said vicious and otherwise useless ISill :- And vour Menionilis: will ever pray. The bill was assented to and is now law. n Appendix A. A few weeks after the foregoing Statement was distributed, that thunderbolt, . " The Maiden Tribute," shot forth b)- Mr. Wilhani Thomas vStead, the accomplished editor of the Pall Mall Gozdic, burst over England and electrified the civilized world. One immediate effect was the prompt passage through the Imperial parliament of the bill referred to on page 4, amended almo-,1 beyond recognition, and couched in terms more effective and workable than the most enthusiastic promoters of moral reform dared even to hope for. The protective provisions of this bill (Imp. Act, 48-49 Vic, chajj. Yh;) may be briefly summarized as follows : — The age in the section (4) answering to our 51 (vide i)age 4), is now 13 years against 10 years here. The age in section 5, answering to our 52, is now 16 vears against our 12 \ears. The age in section 7, answering to our 56 .save that evil intent must also be proved, is now 18 years against our 16 years. 'I"he efpiivaleiit of our section 54 remains unchangetl ; there as well as here the rich and guarded girl still maintains her supremacy ot protection. The i)unishments for the crimes of procuration, the vice- traftic. the harbouring of minor girls for immoral purposes, the defiUiiiLiU ot women when lompassed by means of drugs or intimidation or fraud, and the defilement of idiot or imbecile women, are all suthcientls' drastic. Moreover the evidence of minors is now receivable for what it is worth, tin re is an effective right of searcii, and severe pimishment for unlawful detention. On the other hand the crimes of adultery, of seduction by false promises or by intoxication not amoimting to rape, and the defilement of lunatic women, are not yet legal offences. In- veiglement to a brothel is not made criminal unless it be " for the purposes of prostitution ; " nor is even the grossest possible breach of trust jjunishable otherwise than by the deposition of the' criminal from his lrusieeshi|) (vide see 12). 'I'he lull text i^\< the .\( t, with much interesting hi.stori(al matter, is given in a sixpenny pamphlet entitled " .^ix years" labor and sorrow." lompilcd l>\ Mr. Henjamiii Scott's committee for suppressing the Foreign 'I'raftic in Knglish (lirU, and published for them by Messis. Dyer lirothers. I'aternoster S(|uare, London, 12 Appendix B. The following precis has been condensed and somewhat altered from a i.aper by Mr. William Shaen, an eminent London jurist, and one of the highest legal authorities on these and cognate subjects. It was contributed by him to a London periodical, The Journal, as long ago as 1881. The following principles justify legislation on the subject of Social Morality :- A.— The Protection of Youth. B._The Protection of all Persons from Force and Fraud. C— The Protection of all Persons from Public Scandal. In accordance with these principles, the Law of every country OUGH r, inter alia, to contain the following provisions :— p^^ For the Protection of N'outh. 1 (i) The flxther and the mother of every child arc jointly and respectively liable to each other and to the State for the suitable maintenance and education of such child. (2). If the parents are married, they are jointly and severally guardians of such child during the terms of their lives. (j) If the parents are not married, the guardianshii. of the 11 intents and purposes. 7. l*:very landlord, whether superior or intermediate, ot any tenement used, with his knowledge, as a brothel, shall be liable U) prosecution as a brothel keeper. 8. If any i.iemisc>. in ix>pe( t of wlii. h any license for any purpose is held, shall be condemiu.l as a brothel, every such license shall be absolutely forfeited. As to t/tc .Streets. 9. All offemes against public decency and propnelv in the street's, such as night walking, street-walking, loitering, soliciting or importuning i.as.engers to immorality, are as mm h offences if committed by men as if .•ommilted bv women, and are eMuallv lo bf dealt with bv the polic e. 15 Appendix C. •y ^i Montreal, July, ,886. I o .,„,,„ „„ke funner prov.sion for the Protec.ion of Women "y Mr. Chariton, M.P. I, wa,, .ifterwnrds amended and some 1- Any person who •d) Seduces and has lUicit connection with any girl of previously good character, or who Attemi)ts to have illicit connection w.th any girl of previously chaste character, -being in either case of or above the age of twelve years ami under the age of sixteen years, or (2) Unlawfully and carnally knows, or attempts to have unlawful carnal knowledge of any female idiot or imbicile woman or girl shall he guilty of a misdemeanour 2 Any person above the age of twenty-one years who, under a promise of marriage, seduces and has illicit connection with any unmarned female of previously chaste character, and under f.ghteen years of age, shall be guilty of a misdemeanour 3. Any person wlio procures a feigned or pretended marriage be ween himself and any woman, or any person who knowingly aids and assists ,n procuring such feigned and pretended marriage shall he guilty of amisdeineanour ^ 16 4. Any i)erson who, being the owner and occupier of any l-Temises, or having, or acting, or assisting in, tiie management or control thereof, induces or knowingly suffers any girl of such ..ge as is in this section mentioned, to resort to or be in or upon such premises for the purpose of being unlawfully and carnally known by any man*, whether such carnal knowledge is intended to be with any particular man or generally (i) shall, if such girl is under the age of twelve years, be guilty of felony and (2) if such girl is of or above the age of twelve and under the age of sixteen years shall be guilty of a mis- demeanour Provided that it shall be a sufficient defence that the person so charged had reasonable cause to believe that the girl was of or above the age of sixteen years. 5. No person shall be convicted of any offence under this act upon the evidence of one witness, unless said witness be corrob- orated in some material particular by evidence implicating the accused. 6. In every case arising under this act the defendant shall be a competent witness in his own behalf upon any charge or com- plaint against him. 7. No prosecution under this act shall be commenced after the expiration of one year from the time of committing the offence. 8. Any person convicted of any offence under this act shall he liable to imprisonment for two years in a penitentiary, or for a less term in any other ])lace of confinement, in the discretion of the court having jurisdiction. The words in italics unduly limit the scope of the clause.