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
Such were the arguments used for and against the Bill about smuggling.
It is needless to point out to my readers how the same principles have
ever in the history of similar struggles given rise to the same
arguments, and the same actions.
It is impossible not to ask, with a feeling of sorrow and almost of fear
for our country, “Where were the great lawyers in the House of Peers
when this last most unconstitutional law was allowed to pass? How was it
that they, unlike their noble predecessors, sat silent while our
liberties were thus being treacherously invaded? Had they no word for
justice if not for mercy? and had they no power of discernment with
regard to the future woes which such legislation entails?” There was an
appeal once made in the House of Peers, whose echoes seem to have died
away from the chamber of that assembly: I cannot conclude this chapter
better than by quoting it. Echoes which have ceased to be heard inside
that House may be revived perhaps less fruitlessly outside its walls.
In a question which involved (like the Acts against which we contend)
immoral as well as unconstitutional principles, it had been alleged that
“it is justifiable to use every means that God and nature put into our
hands.” To this Lord Chatham replied:[66]—
“I am astonished! shocked! to hear such principles confessed—to hear
them avowed in this House, or in this country, principles equally
unconstitutional, inhuman and unchristian! My Lords, I did not intend to
have encroached again upon your attention, but I cannot repress my
indignation. I feel myself impelled by every duty. My Lords, we are
called upon as members of this House, as Christian men, to protest
against such notions standing near the throne, polluting the ear of
majesty. ‘Means that God and nature put into our hands!’ I know not what
ideas that lord may entertain of God and nature; but I know that such
abominable principles are equally abhorrent to religion and humanity....
These abominable principles, and this more abominable avowal of them,
demand the most decisive indignation. I call upon that right reverend
bench, those holy ministers of the Gospel, and pious pastors of our
Church; I conjure them to join in the holy work, and vindicate the
religion of their God. I appeal to the wisdom and the law of this
learned bench to defend and support the justice of their country. I call
upon the bishops to interpose the unsullied sanctity of their lawn, upon
the learned judges to interpose the purity of their ermine, to save us
from this pollution! I call upon the honour of your Lordships to
reverence the dignity of your ancestors, and to maintain your own. I
call upon the spirit and humanity of my country to vindicate the
national character! I invoke the genius of the constitution.... My
Lords, this awful subject, so important to our honour, our condition,
and our religion, demands the most solemn and effectual inquiry; and I
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