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
After he has shown to his own satisfaction, as our opponents also do,
that under the Act complained of no innocent person has anything to
fear, and after he has assured Lord Hardwicke that the justices are not
in the least likely to judge wrongly, for the excellent reason that “if
they did so they would be very derelict in their duty,” he goes on to
use the very same argument which the supporters of the Acts which we
oppose have lately been very fond of using. They affirm that many a raw
girl, trembling on the verge of evil courses, being brought under the
Acts, is terrified back into a virtuous life by the penalties which she
is made to undergo. Similarly Lord Hardwicke’s opponent argues: “A
month’s confinement in a correction-house, with the severest sort of
whipping, would be very far from being an adequate punishment for the
first offence.” But such is his opinion of the reclamatory effects of
this beneficent process that he adds, “A raw country fellow, or a poor
labouring man, may for a reward easily be drawn into assisting in the
running of goods, where no violence is intended, and may for that
purpose be prevailed on to loiter and wait somewhere near the sea
coasts; for such a man a month’s confinement and whipping may be a
sufficient admonition; he may be thereby reclaimed and frightened from
ever engaging again in such practices.”[61]
To these and similar arguments it was replied by Lord Chancellor
Talbot:—“My Lords, we are fully sensible that it is the duty of
Parliament to grant a revenue sufficient for supporting the
Government,[62] and to contrive such methods of collecting the revenue
as may be effectual; but we likewise know that it is the duty of
Parliament to support the constitution, and to preserve the liberties of
the people; therefore, when it begins to appear that the methods
prescribed by Parliament are not effectual for the end intended, nor can
be made so without endangering our constitution, those methods ought not
to be further pursued.... It is always with regret and sorrow, my Lords,
that I form to myself any apprehensions of danger to my native country,
and therefore I shall always avoid it as much as possible; but we have
already created so many new crimes and transgressions, and have
inflicted so many new pains and penalties for preventing those
transgressions, that, in my opinion, the fears of increasing them can in
no case be called phantoms. Our Parliaments have, it is true, been
hitherto able, generally speaking, to give a check to every wrong use of
any power and to bring the offenders to punishment; and while our
Parliament continues to be independent of those who have the exercise of
power,[63] their will, as well as their ability, will continue the same.
But we know the effect of pains and penalties in other countries; we
know that Parliaments, Senates, and Assemblies have, by such means, been
made subservient to the worst and most tyrannical uses that could be
Public-domain text, read in full here on John Shaqi.
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