THE
FOUNDER OF THE ASPCA WRITES ABOUT A LAWSUIT
THAT WAS A TURNING POINT FOR HIS CAUSE, AND DECLARES,
"THE LAWS...WERE MADE WITH THE EXPRESS PURPOSE
OF PREVENTING ALL AND EVERY CRUELTY OF WHATEVER KIND"
HENRY
BERGH. Autograph
Letter Signed to [Elbridge T.] Gerry, New York, NY, 24 June 1876. 4
pages, 8" x 5", on vignette stationery of the ASPCA.
A remarkably
substantive letter from Henry Bergh, a pioneer in the humane treatment
of animals who founded the American Society for the Prevention of Cruelty
to Animals (ASPCA) in 1866 and who served as the group's first president
until his death in 1888. "To day again I have been in Court,
and the same unfriendly, or at least unsympathizing spirit was manifested,"
Bergh reports to a colleague. "A fellow who beat a horse, until
at each blow, the blood ran out of the poor creature's flesh, was fined
$20!! when he should have gone to the Penitentiary for six months. The
proof was positive, & no defense."
As this
comment suggests, Bergh initially had great difficulty getting his organization
and New York State’s law against animal cruelty taken seriously.
But he turns next in this letter to an upcoming case involving cruelty
to turtles which would prove to be a turning-point for him. "To
day Judge Smith came in to see me, and I had a long talk with him, on
the subject of the approaching Turtle suit. He is to preside next month.
He seems to be foggy on the point of intent & inclines to differ
with the rulings, you furnished me with. Again – and this surprises
me greatly he intimates that 'a certain amount of cruelty is necessary'!
To this I objected," Bergh declares, "saying that
the laws do not recognize the right to inflict any cruelty at all, but
were made with the express purpose of preventing all and every cruelty
of whatever kind. Once open this door – and every man becomes
judge of what is cruelty, and how much his own ignorance or personal
interests allows him to inflict. He also requested me to provide all
the proof possible, that the turtle can be brought to market by less
cruel methods. This reduces cruelty to a mere question of pecuniary
convenience or profit – the very thing the defendant admitted
to Wardell is uppermost in his mind, while dealing with these wretched
animals. Now the complaint is not for transporting the animal in a cruel
manner but for continuing that cruelty, after the animals came into
his possession, and he refused, when asked, to abate that cruelty. I
am gradually fortifying myself for the fight, and should Mr. Gallatin
be in town on the day of trial, I think I shall ask him to be present.
The letter responses, – a copy of which I enclose to you –
Smith thinks can only be use[d] by me in my argument – not as
evidence – but, I hope to be able to put some of the writers on
the stand personally." He has signed, "Henry Bergh."
In this
case, Bergh challenged the way in which sea turtles were treated when
brought into New York City. Although he ultimately lost the suit when
the courts ruled that turtles were not covered by New York’s law
against animal cruelty, the case received tremendous publicity, and
interest and support for the ASPCA increased greatly as a result.
The first
page of the lettersheet has the seal of the ASPCA printed at the top,
which depicts a sword-carrying angel intervening to stop a man from
beating his cart-horse. A filing notation, consisting of Bergh's name
and the date, is written in blue pencil at the top of the last page;
this is written over some of the letter's text but does not obscure
it. Overall, the letter is in very good condition. $1000.00
This
image shows only pages 1 and 4 of the letter.
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