The constitution violated : $b An essay — John Shaqi
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
It is not only however in the Act itself alone that we see this
indifference to the interests of the poor and unprotected, whose sole
protection under heaven lies in that constitution which this law has
violated, but also in the carrying out of this law by the Admiralty and
War Office, whom in place of the constitution which it has set aside it
has erected as the guardians of the weak. By these tender guardians of
the weak, we find an actual crusade carried on under this law against
the defenceless. In the directions given at various times to the police,
they are enjoined to keep an especial eye on the proceedings of
“milliners, shop-girls, domestic servants,” and the like. It is said
that the beginning of strife is like the letting out of water: it is a
process which when once begun is not so easily ended, and those who have
opened the torrent cannot say where it will cease. The same may justly
be said of the admission of a false principle into legislation, and when
the barriers of constitutional safeguards are swept away by Act of
Parliament, nothing can stem the torrent of illegality and oppression
which will follow. I shall speak more hereafter of this consequence, and
only here observe how the overreaching of a bad law is the necessary
consequence of its own vicious nature.
We have been reproached for making this question a class question. We
accept the reproach, if reproach it be; because we say that it is a
question for the poor rather than for the rich. It was not we who
initiated this distinction, but the majority of the upper classes soon
taught us that they considered it no question of theirs. They told us
plainly that the subject was too unpleasant to be treated as one of
public interest; but while with this plea they endeavoured to silence
us, we found that they generally lent the weight of their influence, and
not always apathetically or ignorantly, to the promotion of this
legislation. To them this legislation involved no present and immediate
diminution of freedom for themselves, and they seem to have been blindly
ignorant or selfishly forgetful that their children and children’s
children would be, as well as the children of the poor, inheritors of
the fatal consequences of violated liberties; and that the chains which
they now weave for others will in time entangle themselves. But when we
turned to the humbler classes, we found that they knew that it _is_ a
question for them; and that they, more intelligent in this than the
upper classes, knew that it was also a question for this whole country
of England, whose political liberty depends on the preservation of the
rights of all. “The trial by jury ever has been,” says Blackstone,[33]
“and I trust ever will be, looked upon as the glory of the English
law.... It is the most transcendent privilege that any subject can
enjoy, or wish for, that he cannot be affected in his property, his
liberty, or his person, but by the unanimous consent of twelve of his
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