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
This part of the law alone is more worthy of the Spanish Inquisition
than of this free country. There never was a law so calculated at every
point to be the vehicle of persecution; and this iniquitous procedure is
calculated to break the spirit of any woman. Such a law, such a mode of
punishment—close imprisonment for life, with the constantly presented
alternative of a brutal personal violation—such a punishment would be
bad enough if following after the most regular, constitutional, and
careful trial and conviction. But what, in God’s name, are we to think
of it when it follows on a conviction such as I have already described?
That these consequences may not be likely to happen is no satisfactory
answer; that it should be possible for them to happen under the laws of
England is itself sufficiently intolerable.
The whole treatment of the women who are brought under the operation of
these Acts has the general character of those inquisitorial proceedings
in the dark ages, which are condemned by all, and the very record of
which is scarcely now permitted to be revived in any publication. There
are cases of the ancient “peines fortes et dures,” which certainly did
not involve bodily pain, which latter was often preferred by the victims
when a choice was given. The inquisitors knew that to wound the
emotional part of a woman’s nature was oftentimes greater torture than
actual laceration.[69]
In concluding this chapter, I cannot avoid this opportunity of saying,
that although we have been as yet objecting to these Acts on account
chiefly of the innocent, or comparatively innocent, yet we must strongly
assert that, in the application of them to the most deeply guilty of the
class of women who come under their operation, they are equally
dangerous and reprehensible. For this reason, that the essential danger,
which we have all along pointed out, lies in the infringement in any
case whatsoever of our ancient mode of justice—an element of license
introduced into our criminal code being the first step towards the
extinction of liberty for all. When Parliament ventured in the last
century to infringe upon the principles of our constitution, in the case
of Mr. Wilkes,[70] Lord Chatham, in deprecating their action, spoke the
following words: “The character of Mr. Wilkes has very improperly been
introduced into this question; for my own part, I consider him merely
and indifferently as an English subject, possessed of certain rights
which the laws have given him. In _his_ person, though he were the
_worst_ of men, _I contend for the safety and security of the best; and
God forbid, my Lords, that there should ever be a power in this country
of measuring the civil rights of the subject by his moral character, or
by any other rule than the fixed law of the land_.”
Public-domain text, read in full here on John Shaqi.
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