The American Society for the Prevention of Cruelty to Animals: Laying the Foundation for Animal Protection


Note: When I gave them my topic, my dog-loving Communications teacher was quite interested, while my history teacher gave me a skeptical look and just said, "That's fine." He expected it to be opinionated and based on emotion...I showed him!

“The question is not ‘Can they reason?’ nor ‘Can they think?’ but ‘Can they suffer?’” (qtd. Masson 55). These words, spoken in 1789 by philosopher Jeremy Bentham, have been repeated for decades by animal protection agencies all over the world. For many, it is the only explanation needed as to why animals should be protected from human cruelty.
Animals have been domesticated for thousands of years, dating back to cavemen taming wolves to help them hunt. Yet it is only in the past 150 years that they have been widely viewed as more than a machine, tool, or mere possession. The creation of the American Society for the Prevention of Cruelty to Animals (the ASPCA) in 1866 revolutionized the way people viewed and treated domestic animals by passing anti-cruelty laws to protect animals and by advocating programs to educate the public on humane care.
In the early years of America, when small farms were a way of life, animals were expected to earn their keep. Horses were the basic form of transportation; livestock such as pigs, cows and chickens provided food; dogs were invaluable for guarding homes and herding animals; and barn cats killed mice and other pests (Masson 15). If an animal could no longer do its job, it was disposed of. Few people kept pets strictly as companions because it was not economical to do so. Also, prior to the 19th century, there were absolutely no laws governing the care of animals. As property, they could be beaten, starved, or killed as the owner chose. For example, thousands of carthorses suffered from whippings while forced to pull loads too heavy for them (Masson 32). Drowning unwanted kittens and shooting old dogs was commonplace.
In the 1860’s, a civil war had been waged over human rights. In the end slavery was abolished, but prejudice and discrimination were still heavily practiced. People who could not even consider all humans to be equal certainly did not endeavor to protect the rights of animals. e “founding father” of animal protection was Henry Bergh. During a three-year stay in Russia with his wife, he witnessed daily cruelties performed by peasants – horses beaten for working too slowly, stray dogs stoned to death, and a cat scalded with boiling water when it made too much noise (Loeper 14-15). Faced with animal cruelty, he realized that nothing protected the animals in his own country from similar acts. Taking his cue from the RSPCA, or Royal Society for the Prevention of Cruelty to Animals, a well-established organization in England, he returned to New York to implement the ASPCA (Lawson 5). Never before had there been an organization in America devoted to protecting animals (Loeper 4), but after presenting his idea to several influential community members, including millionaire John Jacob Astor and the mayor of New York, the society was incorporated into the New York City charter. It began, “Patrons of a Society proposed to be founded for the Prevention of Cruelty to Dumb Animals…” (qtd. in “American Society for the Prevention of Cruelty to Animals”).
However like many revolutionary ideas, the organization did not receive immediate approval. Several editorial cartoons mocked Bergh’s ideas, calling him “duck-brained” and “off his rocker” (qtd. in Loeper 76). Other supporters of animal welfare were accused of preferring animals to people (Loeper 77). At the time people had been raised to believe that whipping horses was necessary to make them work and not overtly cruel. The Bible stated that Man was higher than animals, and this position was taken seriously. However, as time went on, views on animals began to change. The idea of treating animals as equals had uprooted time-honored beliefs, but the change seemed to be one for the better.
Legal protection for animals has expanded and advanced immensely since the first meager laws passed more than one hundred years ago. Although some animal protection laws had been in place in states since the 18th century, they were rarely enforced, and the punishments were very mild. Most referred to property rights rather than animal rights (“Animal Rights”).
The first law was passed on April 19, 1866. It stated that “…every person who shall, by his act or neglect, maliciously kill, maim, wound, injure, torture or cruelly beat any horse, mule, cow, cattle, sheep or other animal belonging to himself or another shall, upon conviction, be adjudged guilty of a misdemeanor.” The consequences of conducting a misdemeanor were a fine and/or a year or more in prison (Loeper 20).
The first person arrested for breaking the law was a butcher from Brooklyn. The man had been transporting veal calves in a wooden crate that was overloaded. The animals’ legs had been bound with rope in order to fit more of them in, and a sharp piece of wood jutted into one corner. Each time the wagon went over a dip or bump, it scraped one calf’s head, dangerously close to its eye. After a trial, the butcher was convicted of inhumane treatment and fined (Loeper 23).
Despite numerous arrests, the first court case to reach the public was about sea turtles being transported to a fish market. Hundreds of the giant creatures were found on a ship’s deck with holes bored through their fins to allow ropes to tie them down, all suffering from hunger and thirst. When the ship’s captain and crew were prosecuted for cruelty, the defense declared that sea turtles were not considered animals under law. This was combated with, “What are they then, a vegetable? A mineral?” (Loeper 26). While the case was eventually lost, it did much to spread public sympathy for the creatures. Photographs published in local papers warmed hearts, causing public criticism of Bergh and other animal welfare supporters to cease.
Another of the pressing issues at hand was the brutal treatment of horses. Those that pulled streetcars were forced to work in extreme humidity as well as freezing temperatures, without adequate rest. The cars were often overloaded, and horses were known to fall dead on the job (Loeper 32). The ASPCA created a law requiring streetcar companies to limit the number of passengers. Eventually, the law passed (American Society for the Prevention of Cruelty to Animals). Another problem, however, was the stables themselves. It was not uncommon for stables to have two or three floors, all of which were built of wood (Loeper 35). Today the idea is ridiculous, but in past times they did efficiently conserve space. The buildings were fire hazards, however, and in the case of fire horses on the upper levels were trapped. In one such instance, more than 1200 were killed. Cases such as these prompted a mandate of ground-floor stables (Loeper 37).
The ASPCA is also responsible for banning a great number of “sports” conducted at the expense of animals. Though practiced by society for years, as pets became a more important part of everyday life, the games were exposed as cruel and thoughtless. For example, cockfighting and dog fighting, which have been protested since the early 1900’s, have been outlawed in almost every state in the nation since the 1980’s. Both sports involved unleashing two animals into a ring while they attacked each other. Fights were gruesome and often went unchecked until one animal was killed. Training methods for the dogs were very crude, and usually involved starving and tormenting the beasts until they became vicious (“The ASPCA”).
Pigeon shoots were also a very popular pastime in the 1800’s. During these events, hundreds of caged birds were released and shot for sport. Prize money was then awarded based on how many animals they killed. Although the birds often lost a wing or an eye, injured pigeons were merely left on the ground until the shoot was over, at which time the remaining creatures might be trampled or suffocated (americanhumane.org). In 1873 the ASPCA promoted the mechanical “gyro-pigeon,” a device that dispatched metal or clay disks that simulated the flight of a bird (“American Society for the Prevention of Cruelty to Animals”). Though shoots with live pigeons continued for decades, the numbers gradually declined. Forty-seven states now consider them to be a violation of animal cruelty laws, with the remaining three working to ban them (“American Society for the Prevention of Cruelty to Animals”).
In more recent years legal action against animal abusers has slowly been increased and improved. Killing or torturing an animal maliciously is a felony in seventeen states. This law covers all domestic animals ranging from white mice to horses, whether stray or owned. Maximum punishments for violating these laws include a fine of $2000 and two years in prison, but in some states the penalty is as low as $100 (“Humane Society of the United States”). The ASPCA and its supporters are continuing to push for expansion of the laws and increased punishments for violating them.
Legislation protecting pets had been the first and most pressing goal of the ASPCA. After basic laws were passed, they turned towards another area where it felt animals were mistreated – science.
Though practices such as vivisection have existed for centuries, most operations were confined to medical schools and did not receive widespread coverage. By the 1940’s, however, animals in laboratories gained public attention (Masson 160).
People learned that not only rats but also pets like rabbits, dogs and cats were subjected to various tests for both science and cosmetics. The numerous animal welfare laws that had been passed nation-wide were not fully comprehensive and had exceptions (Ryder 81). Laboratories were exempt from the policies that required humane treatment and care for domestic creatures. Provided that the scientists gave proof that their experiments were necessary in order to protect or treat humans, they were given free rein (“Animal Rights”).
Many first-hand accounts began to reach the public, protesting against the inhumane treatment they witnessed. Stories of cats with vocal cords crudely removed to prevent the distracting sound of mewing, primates with portions of limbs gnawed off in anxiety, and rabbits held in place with wires through their flesh (Masson 104) prompted letter after pleading letter to legislature.
Not wishing to contradict science, however, most of these petitions were ignored. In 1952 the first inspection was conducted on government research facilities, but this was not made mandatory for several years. Representatives of the law reasoned that scientists would not take such measures unless it was necessary for research. Also there was no way to check the accuracy of the sources, simply because of the sheer volume. It was entirely possible that the horror stories came from unlicensed labs (Ryder 78). Though the law required licensing, unlicensed labs did exist and were difficult to track. Taking into account all of these factors, it was clear that no matter what decision the government made, it might receive opposition. If the law did not pass, animal lovers would be outraged that nothing was being done, and if it did pass, the scientific community would complain that their research was being hampered.
Finally, in 1966, the Lab Animal Welfare Act reached Congress (“American Humane Association”). The Act required that all animals used in experiments must receive humane care (adequate living space and food) and as little pain as possible “unless doing so would disrupt the results” (“Animal Rights”). Though this was not a total victory for supporters of animal welfare, it did prevent the unprecedented cruelty and torture that had occurred before.
Laws were the first and most important step in ensuring that animals were treated fairly, but the ASPCA also played an active role in caring for animals. The organization reached out to the public through education and helped to found programs that aided pets. For example, in 1867, the ASPCA created “horse ambulances” to rescue downed carriage horses in the city. If an animal collapsed, it would be released from its traces and slid up a ramp onto a cart, where it was then driven to a veterinary center. This practice actually began two years before human ambulances (Loeper 24).
Perhaps the most prominent example of protection programs today is the animal shelter. Though common in the U.S. today, none existed prior to the ASPCA’s founding (Lawson 9).
Animal control had been implemented in the larger cities long before the creation of the ASPCA; however, the city-governed organizations were very different from the humane societies and shelters found today. Dog pounds were filthy and overcrowded, the animals inside often sick and malnourished, and methods used to catch stray animals crude and ruthless. One such inhumane practice was called “Dog Day.” In some regions, dogcatchers would periodically comb the cities, hunting down every stray animal they could find. The dogs were then herded into holding pens, like stockyards, and kept for two to four days (this allowed owners to look for lost companions or let people claim a stray). After the allotted time period, all remaining dogs were locked in metal cages and then sunk in a river or lake (Lawson 8). Other disposal methods included clubbing and strangulation (Lawson 9).
Five years after the ASPCA’S creation, Philadelphia replaced its pound with a shelter. Here the dogs were given space to run, a warm kennel at night, ample food and water, and attention. Dogs that could not be adopted were humanely killed with gas (Lawson 49). Pounds across the country were subsequently replaced with shelters as other branches of the ASPCA appeared in other cities and counties, created by admirers of Bergh’s fight for justice. Beginning in the eastern states like New York, Virginia, and Pennsylvania, they moved west with civilization. By 1900 there were 659 independent chapters of the ASPCA (“American Society for the Prevention of Cruelty to Animals”).
Today there are thousands of public animal shelters, which rescue everything from rabbits to unwanted livestock. Though size varies by region, all provide a warm atmosphere with medical care, exercise, and food for stray pets until they can find a new home. Those that must be destroyed are killed quickly and painlessly through euthanasia.
Beginning in 1916, the ASPCA began a humane education program for grade school children. Focuses of the program included “how-to” demonstrations on choosing the best type of pet, treating animals with kindness, and caring for pets at home. Part of this included a drive to raise money for the care of the 934,000 horses used in World War I. By 1928 these demonstrations were also presented at schools and on playgrounds, teaching children wherever possible. The ASPCA hoped that by reaching kids early, they would grow up into kind-hearted adults with compassion for animals. Adults, too, were exposed to the message. Radio became an amazing new form of communication, and in 1925 a weekly program had begun broadcasting over the airwaves (“American Society for the Prevention of Cruelty to Animals”).
The organization also prints and publishes several pamphlets devoted to pet care and anti-abuse. Besides advocating spaying/neutering and pet care, they publish exposes on hunting/trapping and laboratory testing, using shock techniques to raise awareness. One widely published article, entitled “The Tangled Web Of Animal Cruelty,” discusses the connection between animal abusers and serial killers.
Fortunately, the ASPCA is no longer alone in the cause for animal welfare. A mere eleven years after the ASPCA began, the American Humane Association emerged (“American Humane Association”). Branching off of Bergh’s idea, the new organization cared for both animals and children, and promised to “…prevent cruelty, abuse, neglect and exploitation … to assure that their interests and well-being are fully, effectively, and humanely guaranteed by an aware and caring society” (qtd. in “American Humane Association”). This agency also has control over animals in movies. In early Western films, for example, horses were routinely tripped with wires to make them fall when “shot,” or run over cliffs to make a scene realistic (Amaral 31). When this information reached the public, however, authorities were notified. Eventually, legislation passed which set strict regulations pertaining to the amount of time a creature could work in a day, as well as requiring that any scenes that portrayed the death or injury of an animal be simulated (Amaral 33).
Finally, in 1954, the Humane Society of the United States was founded (“Humane Society of the United States”). Second only to the ASPCA in power and size, it works along many of the same lines, fighting for legislature and advocating pet care. However, its main focus is on domestic animals (specifically, responsible pet care and population control) whereas the ASPCA is concerned for with animals, including wildlife. These are only a few of the countless organizations, all originating from Bergh’s vision of the ASPCA, that are linked together by the common interest of promoting humane treatment of animals.
Treatment of animals has improved greatly since the American Society for the Prevention of Cruelty to Animals was founded 135 years ago. Dozens of animal protection laws have been passed with help from the ASPCA, and public education programs have further enhanced the bond between people and pets. The vast majority of Americans welcome animals into their lives, with more than 140 million pet dogs and cats alone. In addition, seven billion dollars are spent annually on vet care, twenty billion on food and toys, and two billion on other pet-related expenses (2000 Annual Report 3). Pets have become an integral part of our lives today, and society simply would not be the same without their existence.
Works Cited

Primary Sources:

United States. American Society for the Prevention of Cruelty to Animals. ASPCA 2000 Annual Report. By Steven M. Elkman and Larry M. Hawk. New York, 2000.
The annual report published by the ASPCA is a collection of figures and statistics relating to both national surveys and numbers specific to the ASPCA. Among the charts included were financial records for the ASPCA and statistics of pet ownership in the U.S. I used the final numbers of the latter in my conclusion, to show how important pets have become in the country.


Secondary Sources:

Amaral, Anthony. Movie Horses: Their Treatment and Training. Racine: Whitman, 1967.
This book was about the care and role of horses in Hollywood during the 20th century. I used the notes about the mistreatment of horses that occurred in early western films as an example of what the American Humane Association helped to change. The AHA is mentioned as one of the groups that began as a result of the ASPCA’s new views on animals.


American Humane Association. Oct. 2001. http://www.americanhumane.org
This website offered a new perspective from a lesser-known animal protection agency. Besides general historical information, the most important aspect of the site was its detailed explanation of activities that portray animal cruelty and how individuals can help to stop it. It was also very helpful in explaining how animal actors are treated, and what regulations have been set. I used general information as an example of how the ASPCA spurred the creation of other groups. I also used it to explain pigeon shoots and how they have been banned due to the efforts of groups like the ASPCA and AHA.


American Society for the Prevention of Cruelty to Animals. Oct. 2001. http://www.aspca.org
The ASPCA’s official site offered a wealth of information about the history of the ASPCA. There was also information on cruel sports that abused animals, and how, one by one, they have been banned. It also provided a timeline of major events for the last 135 years. One of the most helpful references, I used it to support my second prong (educating the public), explaining the public education programs and publications they put out.


“Animal Rights.” Encarta Encyclopedia – 2001 ed. CD-ROM.
This article was a step up from animal welfare and promoted animal rights. It had a lot of information about laboratory animals and additions to the Lab Animal Welfare Act. I used it briefly to discuss the standards that were set for scientists running experiments and living conditions for their animals.


Humane Society of the United States. Oct. 2001. http://www.hsus.org
The official Humane Society web page offered about the same information as the ASPCA, but went into further depth on animal protection laws, publications, and community programs. From this source, I cited the legal action taken against animal abusers to show how legislature has changed to accommodate animals. I also used the HSUS in general to show that the ASPCA, though an amazing trailblazer, is no longer the only powerful ally animals have.
Loeper, John J. Crusade For Kindness: Henry Bergh and the ASPCA. New York: Macmillan, 1991.
This book provided very detailed descriptions of how animals used to be treated in this country. It also covered Henry Bergh, the ASPCA’s founder, and the first 25 years of the organization. I used the source largely in explaining the events prior to the ASPCA’s creation. I also cited it in reference to the earliest anti-cruelty laws.


Lawson, Nancy L. “Looking Back: The Changing Face of Shelters.” Animal Sheltering July-August 1999: 5-9
This article gave a small amount of information about the founder of the ASPCA. It also explained how animal shelters have been expanded and improved in the last 100 years. I used it as an example of the crude ways pounds were run before any standards were set for proper animal control.


Masson, Jeffrey M. and McCarthy, Susan. When Elephants Weep. New York: Dell, 1995.
This book was about how humans recognize or ignore the emotional lives of animals. Its two most helpful chapters dealt specifically with experimentation on animals in laboratories. Though much of the book was very opinionated, I used the examples of cruel research techniques to show what life was like for animals prior to the Lab Animal Welfare Act.


Ryder, Richard D. “Speciesism in the Laboratory.” In Defense Of Animals. Ed. Peter Singer. New York: Blackwell, 1975. 77-88.
This essay talked about the cruel experiments that have occurred in labs, such as the unnecessary Draize test. Written by a former lab worker, it explained how alternative forms of research could be used to alleviate animal suffering. It also gave examples of how animals trapped in cages either seemed to grow depressed or inflict injury on themselves. I used it to explain the difference between licensed and unlicensed labs and what went on in each one.


Ready for a grand number of comments? Four different sources!
Mr. Eibs (History): A very interesting and informative paper! Evidence of good research and analysis. Thesis is well supported. Examples include explanations and analysis connecting to your position. Some problems in parenthetical references." [fixed now, I think] Ms. Germann (Communications): Approximately 20 small praises litter the margins...but I'll just do the ending and grade sheet ones. "A great paper -- of course my devotion to animals might prejudice me just a little. However, very well developed and clearly, fluently written! Your paper was a joy to read. Thorough, well-structured, clear and clean. It contained in-depth info on your subject. Well researched, too! Excellent, in-depth annotations!" History Day Judge #1: Your paper is very well done. You state your case and develop your arguments well. some things to work on:
  • Parts of your paper are a little vague on dates. You give examples of cases dealing with veal calves, sea turtles, horses, etc. When did these cases develop?
  • You need to talk more about the significance of the ASPCA and animal rights in history. How did this make a difference through the 20th century and into today? How does it relate on a global scale? Expand your discussion on page 9.
  • You can work a little more on your analysis of these events -- what do you think is important? Why do you think so? Etc.
  • Look for more primary sources -- is there a Minnesota branch of the ASPCA? Could you interview someone, or find recent local chapters?
[Listen, buddy, were it up to me I wouldn't have used any primary sources at all. I despise the work involved in finding primary sources. I'm perfectly happy restating other peoples' words.]
History Day Judge #2: Good strong lead, thesis relates to theme well. Relating topic to issue of human rights at end of civil war is a good way to provide some content.
Your citation style needs refining. Shorten long titles in citations to interrupt text as little as possible (ie -- aspca.org instead of giving whole name.) [a/n: INTERJECTION! That's what I HAD until Mr. Eibs took points off for improper citation! ARGH.] and don't use quote marks. Consult MLA handbook for more on citation. ...you know what, as I look down the rest of this page, I'm noticing this judge was a lot meaner, and most of the comments, while substantial and very helpful in terms of criticism, are just that. I'm done including them. This page is for me to show off. (Hence the lack of any grade below A- on the main page...hum, come to think of it, I don't think I HAVE ever gotten less than a B+ on anything I've written, aside from one nasty little paragraph on Catcher in the Rye for DF...) I'll add the rest of the comments at a later date.