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Feminism and the state in later Victorian England*

Published online by Cambridge University Press:  11 February 2009

M. J. D. Roberts
Affiliation:
Macquarie University

Abstract

Victorian feminists faced a dilemma in their dealings with the state. This dilemma intensified in the years following the 1867 Reform Act. Radical feminist leaders (Josephine Butler, Lydia Becker, Elizabeth Wolstenholme) eagerly adopted an ‘equality before the law’ stance in order to link women's credentials for citizenship with conventional principles of liberal individualism. Yet the same leaders were recurrently angered and frightened by the sex-insensitive uses to which male politicians were prepared to put state power, even while claiming to be defending and improving a liberal social order. This article traces feminist responses to the dilemma from the high point of libertarian individualism accompanying the 1870s campaigns against the Contagious Diseases Acts to the more complicated appraisals of the potential of state agency made during following decades. The democratization of English political life, it is argued, may ultimately have persuaded feminists of the worth of the state as a sponsor of social change; but the half-democratized form of politics characteristic of the later Victorian period left key feminists with an ideologically entrenched suspicion of state intervention which even mid-eighties repeal of the Contagious Diseases Acts and ‘maiden tribute’ child prostitution revelations could not efface.

Type
Articles
Copyright
Copyright Cambridge University Press 1995

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References

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41 Barrett, R., Ellice Hopkins: a memoir (London, 1907), pp. 112–15Google Scholar. For contrasting appraisals of Hopkins' work, see Mort, , Dangerous sexualities, pp. 119–26Google Scholar; Jeffreys, , The spinster and her enemies, pp. 1618.Google Scholar

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43 VA, Journal, 1881, pp. 8991Google Scholar; 1882, pp. 18, 93–5; 1883, pp. 41–2, 53. For personally expressed feminist suspicions along the same lines, see Josephine, Butler in The Sentinel, 1882, p. 75Google Scholar; Butler papers, Josephine Butler to H. J. Wilson, 6 May 1883.

44 Ibid. Butler to Mrs Fawcett, 8 Dec. 1875. Full documentation of the Wolstenholme-Elmy marriage controversy is only now being retrieved. I am grateful to Dr Sandra Holton of the University of Adelaide for a preview of her forthcoming comprehensive survey of Mrs Wolstenholme-Elmy's life and career.

45 Butler papers, Butler to H. J. Wilson, 6 May 1883.

46 Ibid, and see note 20 above.

47 For Levy, see Soldon, N., ‘Joseph Hiam Levy’ in Baylen, J. D. and N.J., Gossman (eds.), Biographical dictionary of modern British radicals (Hemel Hempstead, 1988), III, 523–4Google Scholar, though this seems inaccurate in several of its assertions about Levy's work with the VA. For Herbert, see Harris, S. Hutchinson, Auberon Herbert: crusader for liberty (London, 1943)Google Scholar. Their split with Herbert Spencer over the female suffrage is analysed in Taylor, , Men versus the state, pp. 65–7, 106Google Scholar. Spencer, though he never joined the VA, did allow his name to be used in endorsement of its work and had a social link with its members through the ‘Aubrey House circle’ of Clementia and Taylor, P. A.: VA Journal, 1884, p. 19Google Scholar. See also Duncan, D., The life and letters of Herbert Spencer (London, 1908), p. 420Google Scholar, for evidence of Josephine Butler's later-life interest in reconciling her own principles of libertarian action with those of Spencer.

48 The choice between personal freedom and state protection: addresses delivered by the hon. Auberon Herbert and Mrs Butler at the annual meeting of the Vigilance Association, 1880 (London, 1880)Google Scholar; VA Journal, 1883, pp. 1 and 25; 1885, p. 3. See also the retrospective survey in Personal Rights Journal, 1894, pp. 79–80 which makes clear the strictly Liberal Party focus of the VA's efforts at this time. Neither the VA nor Spencer would accept their position as compatible with ‘Toryism’, pace Greenleaf, W. H., The British political tradition (London, 1983), II, 264ffGoogle Scholar. Cf. Taylor, , Men versus the state, pp. 262ffGoogle Scholar., esp. pp. 272–4.

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51 VA Journal, 1882, p. 85Google Scholar. This attitude is congruent with Josephine Butler's private views on indecency between males (also criminalized by the finally enacted criminal law amendment bill of 1885): Butler papers, James Stuart to H. J. Wilson, 11 Aug. 1875.

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53 Ibid. 1885, p. 19 (Dr Bell Taylor of Nottingham). For official VA policy on the bill as debated and enacted – less vehement but still negative – see pp. 31, 66–9.

54 Butler papers, Butler to ‘Dear Friend’ [Miss Priestman], 5 June 1885.

55 The same to the same, 4 Oct. 1884.

56 The same to the same, 1 Aug. 1885.

57 See e.g. Butler papers, Butler to ‘Dear Friends’, 10 July 1885, where, in the aftermath of Stead's ‘maiden tribute’ revelations, she talks of ‘judgment day for the vicious upper classes’. Cf. Walkowitz, , Prostitution, pp. 248–9Google Scholar; McHugh, , Prostitution, pp. 246–7Google Scholar. Note also the likely influence on Butler's tactical thinking of the successful campaign under ‘democratic’ political conditions of her French libertarian ally, Yves Guyot, during the later 1870s against the Paris police des moeurs. This campaign was (like Stead's) strikingly dependent on the triggers of press-circulated scandal and legal martyrdom: Harsin, J., Policing prostitution in 19th-century Paris (Princeton, 1985), pp. 324ffGoogle Scholar. For Butler's attraction to certain aspects of Stead's melodramatic techniques of opinion-raising, see the compelling analysis in Walkowitz, J., City of dreadful delight: narratives of sexual danger in late-Victorian London (Chicago, 1992), pp. 87ff.CrossRefGoogle Scholar

58 Butler papers, Butler to ‘Dear Friend’ [Miss Priestman], 4 Oct. 1884; The Sentinel, 1882, p. 75; 1886, pp. 6–7 (reprint of Butler correspondence with Scotland Yard in 1881).

59 Butler papers, Butler to ‘Dear Friends’, 10 July 1885.

60 The same to the same, 17 Aug. 1885.

61 VA Journal, 1886, p. 12. See also p. 24.

62 Ibid. pp. 12–13 (Lucy Wilson, VA executive member); p. 22 (Mrs S. W. Browne, secretary of the Moral Reform Union, and a generous contributor to VA funds in the early 1870s).

63 Ibid. p. 14.

64 The key ‘police clause’ in the 1885 Act was s. 13 which set out a summary procedure for shutting down brothels, thus evicting prostitutes who could then be picked up on the streets under the provisions of the Vagrant Act. For the vagaries of police and magistrate interpretation of this latter act during the 1880s, see Storch, R., ‘Police control of street prostitution in Victorian London’ in Bayley, D. H. (ed.), Police and society (London, 1977), p. 53–6.Google Scholar

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66 VA Journal, 1886, p. 24.Google Scholar

67 Ibid. pp. 9–10, 13.

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70 Caine, pp. 191, 256–7. Note also Becker's support of Stead in 1885: Women's Suffrage Journal, 1885, p. 143.Google Scholar

71 The NVA treasurer, Francis Peek, also had VA links, having been a major contributor to its funds in the early and mid-seventies. For full NVA executive in 1886, see Bristow, E. J., Vice and vigilance: purity movements in Britain since 1700Google Scholar, appendix B.

72 Personal Rights Journal, 1887, p. 56Google Scholar; John, , By the sweat of their brow, pp. 148–57.Google Scholar

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74 Personal Rights Journal, 1888, p. 38Google Scholar. Cf also 1886, pp. 81–2; 1889, pp. 3–4.

75 Ibid. 1887, p. 97; and 1888, p. 80.

76 Butler papers, Butler to ‘Dear Friends’, 17 Aug. 1885.

77 Butler to Miss Priestman, 1 Aug. 1885.

78 The same to the same, 9 Sept. 1891, cited in Bristow, , Vice and vigilance, p. 117.Google Scholar

79 ‘He is a dangerous man…He has no tact, and as you say, Rhoda, he “has not a nice way of putting things”’: Butler papers, Josephine Butler to her daughter-in-law, Rhoda Butler, Oct. 1896. Cf. Walkowitz, , City of dreadful delight, pp. 117–20.Google Scholar

80 Ibid. Cf. Caine, , Victorian feminists, p. 188Google Scholar; Uglow, J., ‘Josephine Butler: from sympathy to theory’ in Spender, D. (ed.), Feminist theorists (London, 1983), pp. 146–9Google Scholar. It is worth noting that one path forward acceptable to a key group of evangelically committed Liberal intellectuals during the 1880s – T. H. Green's idealist conception of ‘ethical fulfilment’ via ‘active citizenship’ – seems not to have been explored by Butler, though Green had been an ardent fringe supporter of her circle in the early 1870s: Anderson, O., ‘The feminism of T. H. Green’, History of Political Thought, XII, 4 (1991), 678–80, 686–92.Google Scholar

81 Lucy Wilson (1834–91), candidate in first Leeds school board election (1870); moved to London on father's death (1876); member of VA executive (1871–86), married women's property committee (1876–82), ladies’ national association for repeal of Contagious Diseases Acts executive (1885–6), etc.; anti-vivisectionist, vegetarian, promoter of rational dress for women: Personal Rights Journal, 1891, p. 106.Google Scholar

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85 Moral reform union: report no. 1 (1882), pp. 34, 14Google Scholar; and no. 4 (1886), p. 3.

86 The MRU felt that ‘girls below eighteen are immature’ and restricted full participation in its own activities to members twenty-five years and above. For its unconditional support of Stead in 1885 and conditional approval of the 1885 Act, see its Report no. 4 (1886), pp. 4–10. The ultimate result of attempts to tighten the 1885 Act is set out in Mort, , Dangerous sexualities, pp. 144–8.Google Scholar

87 Shanley, , Feminism, p. 182Google Scholar. See also pp. 143–9, 156, 184–8. For the original Millite formulation of the case against coerced marital sexual activity, see The subjection of women, p. 148.

88 Personal Rights Journal, 1889, p. 12Google Scholar; and 1890, p. 28. Other ex-VA supporters of the Women's Franchise League included Josephine Butler, Ursula Bright and Clementia Taylor. (My thanks to Sandra Holton for this information.)

89 Cf. Gatrell, V. A. C., ‘Crime, authority and the policeman-state’, in Thompson, F. M. L. (ed.), The Cambridge social history of Britain (3 vols., Cambridge, 1990), pp. 257ff.Google Scholar; Wiener, M. J., Reconstructing the criminal: culture, law and policy in England, 1830–1914 (Cambridge, 1990), pp. 149–56, 261–2, 303–4.Google Scholar

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91 For Butler's attempts to theorize the libertarian stance by appeal to a sphere of ‘natural law’ (common law tradition plus ‘Christianity’) in ‘territory…discovered beyond the state’, see her ‘address’ in The choice between personal freedom and state protection (1880), pp. 1718.Google Scholar

92 See examples referenced at note 20 above.

93 Note Mill's lack of interest in exploring the transition from childhood to adulthood: Subjection of women, pp. 160–1. Note also Butler's tactical willingness to subordinate age of consent legislation to Contagious Diseases Acts priorities in 1872 (note 37 above). Cf. assertion by Contagious Diseases Acts repeal activist, Alicia Bewicke (Sentinel, 1883, p. 199) that, at meetings to discuss criminal law amendment bill proposals to raise age of protection against seduction to 16 years, ‘some mother has invariably moved the amendment that the age should be 18 or 21, and this amendment has been invariably carried unanimously’.

94 See Levine, , Feminist lives, pp. 80–1, 87, 94ff.Google Scholar; Mort, , Dangerous sexualities, pp. 117–26Google Scholar. Cf. Gray, J., Liberalism: essays in political philosophy (London, 1989), chs 9 and 12, esp. pp. 150–3Google Scholar, for discussion of the continuing tensions in liberal theory between ‘utilitarian’ and ‘entitlement-based’ concepts of liberty.

95 Bellamy, R., Victorian liberalism: nineteenth-century political thought and practice (London, 1990), pp. 1011Google Scholar; Taylor, , Men versus the state, pp. 56, 32–3.Google Scholar

96 Ibid, chs 2–5. See also Hall, S. & Schwarz, B., ‘State and society, 1880–1930’, in Crises in the British state (London, 1988), pp. 818Google Scholar; Caine, , Victorian feminists, pp. 247–50.Google Scholar

97 Holton, , Feminism and democracy, pp. 1316Google Scholar. Cf. Lewis, J., Women and social action in Victorian and Edwardian England (Aldershot, 1991), pp. 304–6.Google Scholar