562 
ful animal, 
sider as wilful and wanton cruelty, are 
of a different kind: I maintain, that no 
man, without being guilty of that great 
crime, Cau pat it upon the uncertam rand 
mercenary die, whether in races agaist 
‘time—no-—not properly so called, but 
rather journeys of great distances wihin 
limited periods, the excrtiuns shall very 
far exceed the ordinary power which na- 
ture has bestowed on >the anhappy 
creature, thus wickedly and inhumanly 
perverted from the benevolent purposes 
of their existence. 
All the observations I have just been 
making to your Lordships, undoubtedly 
apply to the maticiously tormenting any 
animal whatsoever, more especially ani- 
mals which we have voluntarily reclaimed 
and domesticated ; and yet [ fairly own 
to your Lordships, that as the Bill wa 
originally drawn, and as it stood wisn a 
few days ago, it would not have reached 
many shameful and degrading practices. 
The truth is, that I was afraid to run 
tco rapidly and directly against mitan 
dices. But, on conversing with very en- 
lightened aud learned men, I took cou- 
rage in my own original intention, and 
introduced the concluding clause, which 
comprehended. the wickedly and wan- 
tonly tormenting any reclaimed animal; 
the effect of which in practice. I will ex- 
plain hereafter, when I come to shew 
the practicability of executing the law 
without trespassing upon the just rights 
and privileges of mankind. If your Lord- 
ships, however, shall ultimately differ 
from mein this part of the subject, you 
can strike out this clause in the com- 
mittee. I have purposely kept it quite 
distinct and separate from the rest of 
the Bill, as I ongimally frained it, heing 
resolved to carry an easy sail at first, tor 
fear of oversetting my vessel in a new 
ud dangerous navigation, 
I now come, my: ri ovds: to the second 
part of the case, which will occupy but 
a small portion of your Lordship’s time, 
on which Lam afraid I have trespassed: 
but too long already.—( Hear! hear / 
hear ! ) 
Supposing, now, your Lordships to be 
desirous of subsenbing to the princi- 
ples I have opened to you, and to feel 
the propriety of endeavouring to prevent, 
as fur as possibie, the inhuman cruelties 
practised upon animals, so general and. 
so notorious, as to render a more parti- 
cular statement of them as unnecessary 
as it would bave been disgusting: the 
main question will then arise, viz, How 
Lord E rskine’s Spéech on Cruelty to Animals. 
The contests which I con-. 
July 35 
the jurisdiction erected by this Bill, if st 
shall pass ito a law, may. be executed 
by courts and inagistrates, without ins 
vesting them with a new and arbitrary 
discretion, 
My Lords, I feel the great importance 
of this consideration, and I have no de= 
sire to shrink from it; on the contrary, 
T invite your Lordships to the closest in- 
vestigation of it, amd for that purpose Ef 
will myself anticipate every possible ub- 
jecuon of that description, and give youe 
Lordships, 15 a very few words, the most 
decisive auswers to them. 
How, it may be first asked, are magis- 
trates to distinguish between the justifis 
able labours of the animal, which from 
man’s necessities are often most fatiguing, 
and apparently excessive, and that real 
excess which the Bill seeks to punishaswils 
ful, wicked, and wanton cruelty? How are 
they ty distinguish between the blows 
which are necessary, when beasts of las 
bour are. lazy or refractory, or even blows 
of sudden passion and temper, from delibes 
rate, cold-blooded, rerociouscruelty,which: 
we see practised every day we live, and 
which has a tendency, as the preamble 
recites, to harden the heart against all 
the impulses of humanity? 
How, in the same. manner, are they 
to distinguish between the fatigues and 
‘sufferings of beasts for slaughter, in their 
melancholy journeys to death in our mar 
kets, from unnecessary, and therefore bara 
barous, agoravations of them? 
Here, wy Lords, Lam at fairies Hees 
I know my course so completely, that 1 
can scarcely err. I am no speculator 
upon the effect of the law which I pros 
pose to you, as the wisest legislators mus& 
often be, who are not. practically ace 
quainted with the administration of juss 
tice. Having passed my life in our courts 
of law when filled with the greatest 
judges, and with the ablest advocates, 
who from time to time have since added ~ 
to their number, I know with the utmost 
precision, the effect of it in practice, and 
and | pledge myself to vour Lerdshipsy 
that the execution of the Bill, if it passes 
into law, wil be found to be most simple 
and easy; raising up no new principles of 
law, and giving to courts no larger diss 
cretion nor more difficult subjects for 
Judgment, than they are in the constant 
course of exercising, 
First of all, my Lords, the law I pros 
pose to your Lordships is not likely to 
be attended with abuse in prosecus 
tion; a very great, but, I amatraid, am 
incurable evil in the penal code. I sti- 
mulate 
