The constitution violated : $b An essayButler, Josephine Elizabeth Grey
History
The constitution violated : $b An essay
Butler, Josephine Elizabeth Grey
Constitutional law -- Great Britain; Prostitutes -- Legal status, laws, etc. -- Great Britain
In almost all the great meetings which have been held throughout the
country on the subject of these Acts, resolutions have been passed
embodying the word “unconstitutional” as characteristic of the Acts,
proving that the mass of the people of England have a strong instinct,
if it be nothing more, of what is constitutional and what is not. Few
terms, it has been said, are more vaguely or loosely employed than this.
It is affirmed with some truth that “Magna Charta is in everybody’s lips
but in nobody’s hands.” The careful study of the Acts in question leads
me to the conclusion that the latter part of this saying must be
eminently true of their framers. We, on the other hand, are charged by
our opponents with ignorance of the words which we use. Yet what Sir
Edward Creasy says[1] is true, that “the English Constitution is
susceptible of a full and accurate explanation;” and though the subject
may require “more investigation than may suit hasty talkers and
superficial thinkers, it is not more than every member of a great and
free State ought gladly to bestow, in order that he may rightly
comprehend and appreciate the polity and the laws in which and by which
he lives, acts, and has his civic being.” He adds, “The student will
recognise and admire in the history, laws, and institutions of England,
certain great leading principles which have existed from the earliest
periods of our nationality down to the present time. These great
primeval and enduring principles are the principles of the English
Constitution; and we are not obliged to learn them from imperfect
evidence or precarious speculations, for they are imperishably recorded
in the Great Charter, and in the charters and statutes connected with
and confirmatory of Magna Carta.” It is these enduring principles which
are violated by the Contagious Diseases Acts. This I shall shortly show,
but before doing so, I shall briefly set forth what these principles
are.
I am convinced that the people of this country are as yet but very
partially awakened to the tremendous issues involved in the controversy
before us, considered as a matter of constitutional rights; therefore it
is that I venture, though I am no lawyer, to bring before them its
extreme importance under that aspect. For this time of agony for the
patriot, who can in any degree foresee the future of that country which
violates the eternal principles of just government, drives many of us,
unlearned though we be, to search the annals of our country, to inquire
into past crises of danger, and the motives and character of the
champions who fought the battles of liberty, with that keenness and
singleness of purpose with which, in the agony of spiritual danger, the
wellnigh shipwrecked soul may search the Scriptures of God, believing
that in them he has eternal life.
Public-domain text, read in full here on John Shaqi.
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