The constitution violated : $b An essayButler, Josephine Elizabeth Grey
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The constitution violated : $b An essay
Butler, Josephine Elizabeth Grey
Constitutional law -- Great Britain; Prostitutes -- Legal status, laws, etc. -- Great Britain
Before doing this, however, it is well to dispose of one vague
objection, which may exist in some people’s minds, to arguments against
these Acts based on the universality of civil rights. There is abroad in
many men’s minds a vague sort of notion that these Acts in question as
they stand on the statute-book of England apply to the army and navy. We
cannot perhaps wonder at this mistake—although it is an extraordinary
mistake—existing more or less in the minds of the partially informed,
when we find that the Member for a learned University, who last session
led the opposition in the House to Mr. Fowler’s motion for the repeal of
the Acts, based his arguments for the existence of these Acts on the
State necessity of having a standing army! Such statements as these are
calculated to lead the public to imagine that these Acts have at least
some connection, more or less remote, with the army and navy, and in
this way to allay those just alarms which must necessarily arise from
the violation of the constitutional rights of civilians.
Now the fact is, that so far from these Acts applying particularly to
the army and navy, they in no way whatsoever apply to the army and navy,
but entirely and exclusively to the civil population. The one and only
connection which they have with the army and navy is, that the districts
to which they apply are those within at least ten miles of which
soldiers or sailors are resident. But in these districts they apply not
to soldiers or sailors, but to the civil population, and to the civil
population only. The word soldier or sailor does not occur in the whole
Act, nor is there anything whatsoever about the army or navy, or any
hint, the most remote, of any connection with the army or navy, except
this, that the whole powers of carrying out the Acts are intrusted to
the Admiralty and War Office. In fact, the jurisdiction of these offices
is by these Acts extended over a large portion of the civil population
of England. Nay, so little has the Act to do with soldiers and sailors,
that it does not even commence with the preamble which, unless it had
distinctly acknowledged its necessary separation from the army and navy,
we should have expected to find in some such words as these,
“Considering the increase of contagious disease in her Majesty’s army
and navy,” and so forth. Over and above the obvious fact, that women, to
whom alone the Act applies, are in no case members of these honourable
services, the Acts do not even profess in any way whatsoever to apply
particularly to those women who associate with soldiers and sailors, but
distinctly leave us to infer the opposite; for in clause 4, Act 1869,
directions are given for procedure against any woman whom the policeman
believes to have been, under certain circumstances, in the company of
_men_ resident within the limits to which the Act applies, the word
“men” being used with no reference to soldiers or sailors at all. In
Public-domain text, read in full here on John Shaqi.
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