a passenger in an emigrant ship. For my own part I should be very
sorry indeed to travel with him.” The question was asked in the House
of Commons if the Board of Trade had taken any measures to safeguard
Jumbo’s fellow passengers.
Jumbo’s case then came up before Mr. Justice Chitty in the Court of
Chancery. The _Times_ for March 9, 1882, published a leading article
on the decision. “The case was one into which sentiment and prejudice
have entered so far that the verdict of a jury,” said the _Times_, “if
to a jury we can imagine it submitted, would not have been doubtful.
It needed an impartial Judge to separate the question of propriety and
advisability from the question of legal right.” Mr. Justice Chitty gave
it as his opinion that the Royal Zoölogical Society had the right
under its charter to sell animals without consulting all its fellows.
The fellows had contended that this right was a delegated power, which
was exercised legitimately when a gnu was sold for £150 or a pair of
tigers for £400, but that Jumbo was unique and irreplaceable. Mr.
Justice Chitty said that Jumbo’s mere size did not exempt him from the
power of sale possessed by the Council. A report was read from the
superintendent of the Zoo, written to the Council more than one year
before the sale, in which he called attention to Jumbo’s temperamental
state of mind and asked that he be provided with means for the animal’s
destruction, should he become dangerous. The dissenting fellows urged
the immorality of selling a dangerous animal to the American people,
and the _Times_ wrote in its leader: “Regard for the safety of Mr.
Barnum’s keepers and of the American public does not seem to have
entered into the Council’s deliberations. A celebrated Latin poem
ends with a prayer that Cybele will drive others frantic, but not
the speaker himself. The Council of the Zoölogical Society will tell
Jumbo in effect to crush and trample upon Americans if he will, but
not upon us. This is a somewhat startling application of the principle
of _caveat emptor_.” Mr. Justice Chitty replied to this argument that
the Council of the Royal Zoölogical Society was not the guardian of
the American people. Mr. Justice Chitty finally decided that the sale
was valid, and that Jumbo was Barnum’s rightful purchase. At the last
hearing Mr. Justice Chitty said that he had received a number of
letters with respect to the case. Of course, they had not the slightest
effect upon his mind, he said, but still it was extremely improper that
they should have been sent. Some of the letters were from children. The
_Times_ did not approve of the Jumbo excitement. Its editorial ended:
Public-domain text, read in full here on John Shaqi.
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