Social Diseases : Part 21

Evolution and Ethics
by Thomas H. Huxley

(Page 26 of 30)

Yet, Sir, Mr. "Commissioner" Booth-Clibborn, this high official of the Salvation Army, has the audacity to tell the public that if I had made inquiries I should have found that "in the Court of Appeal the Judge reversed the decision of his predecessor as regards seven eighths of the property, and the General was declared to have acted all along with straight forwardness and good faith."

But the nature of Mr. "Commissioner" Booth-Clibborn's conceptions of straightforwardness and good faith is so marvellously illustrated by the portions of his letter with which I have dealt that I doubt not his statements are quite up to the level of the "Army" Regulations and Instructions in regard to those cardinal virtues. As I pointed out must be the case, the slave is subdued to that he works in.

For myself, I must confess that the process of wading through Mr. "Commissioner's" verbose and clumsy pleadings has given me a "hot fit," which, I undertake to say, will be followed by not so much as a passing shiver of repentance. And it is under the influence of the genial warmth diffused through the frame, on one of those rare occasions when one may be "angry and sin not," that I infringe my resolution to trouble you with no more letters. On reflection, I am convinced that it is undesirable that the public should be misled, for even a few days, by misrepresentations so serious.

I am copiously abused for speaking of the Jesuitical methods of the superior officials of the Salvation Army. But the following facts have not been, and, I believe, cannot be, denied: -

1. Mr. Booth's conduct in the "Eagle" case has been censured by two of the Judges.

2. Mr. Bramwell Booth admitted before Mr. Justice Lopes that he had made an untrue statement because of a promise he had made to Mr. Stead.

And I have just proved that Mr. "Commissioner" Booth-Clibborn asserts the exact contrary of that which your report of the judgment of the Master of the Rolls tells us that distinguished judge said.

Under these circumstances, I think that my politeness in applying no harder adjective than "Jesuitical" to these proceedings is not properly appreciated.

I am, Sir, your obedient servant, T. H. Huxley.

XII.

The "Times," January 22nd, 1891

SIR, - I think that your readers will be interested in the accompanying opinion, written in consultation with an eminent Chancery Queen's Counsel, with which I have been favoured. It will be observed that this important legal deliverance justifies much stronger language than any which I have applied to the only security (?) for the proper administration of the funds in Mr. Booth's hands which appears to be in existence.

I am, Sir, your obedient servant, T. H. Huxley.

1, Dr. Johnson's Buildings, Temple, E.C., January 14, 1891.

MR. BOOTH'S DECLARATION OF TRUST DEED, 1878.

"I am of opinion, subject to the question whether there may be any provision in the Charitable Trusts Acts which can be made available for enforcing some scheme for the appropriation of the property, and with regard to the real and leasehold properties whether the conveyances and leases are not altogether void, as frauds on the Mortmain Acts, that nothing can be done to control or to interfere with Booth in the disposition or application of the properties or moneys purported to be affected by the deed.

"As to the properties vested in Booth himself, it appears to me that such are placed absolutely under his power and control both as to the disposal and application thereof, and that there are no trusts for any specific purposes declared which could be enforced, and that there are no defined persons nor classes of persons who can claim to be entitled to the benefits of them, or at whose instance they could be enforced by any legal process.

"As to the properties (if any) vested in trustees appointed by Booth, it appears to me that the only person who has a locus standi to enforce these trusts is Booth himself, and that he would have absolute power over the trusts and the property, and might deal with the property as he pleased, and that, as in the former case, nothing could be done in the way of enforcing any trusts against him.

"As to the moneys contributed or raised by mortgage for the general purposes of the mission, it appears to me that Booth may expend them as he pleases, without being subject to any legal control, and that he cannot even be compelled to publish any balance-sheets.

"Whether there are any provisions in the Charitable Trusts Acts which could be made available for enforcing some scheme for the application of the property or funds is a question to which I should require to give a closer consideration should it become necessary to go into it; but at present, after perusing these Acts, and especially 16 and 17 Vict. c. 137 and 18 and 19 Vict. c. 124, I cannot see how they could be made applicable to the trusts as declared in this deed.

"As to the Mortmain Acts, the matter is clearly charitable, and unless in the conveyances and leases to Booth, or to the trustees (if any) named by him, all the provisions of the Acts have been complied with, and the deeds have been enrolled under the Acts, they would be void. It is probable, however, that every conveyance and lease has been taken without disclosing any charitable trust, for the purpose of preventing it from being void on the face of it. It is to be noted that the deed is a mere deed poll by Booth himself, without any other party to it, who, as a contracting party, would have a right to enforce it.

About the Author

Thomas Huxley's famous debate against the Lord Bishop of Oxford Samuel Wilberforce was a key moment in the wider acceptance of evolution, and in his own career. Wilberforce was coached by Richard Owen, against whom Huxley also debated on whether man was closely related to apes. Huxley was slow to accept some of Darwin's ideas, such as gradualism, and was undecided about natural selection, but despite this he was wholehearted in his public support of Darwin.