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
“How long soever the people may have remained in a state of supineness
as to their most valuable interests, whatever may have been the neglect
and even the errors of their representatives, the instant the latter
come either to see these errors or to have a sense of their duty, they
proceed by means of the privileges we have mentioned to abolish those
abuses or practices which during the preceding years had taken the place
of the laws. To how low soever a state public liberty may happen to be
reduced, they take it where they find it, lead it back through the same
path and to the same point from which it had been compelled to retreat;
and the ruling power, whatever its usurpations may have been, how far
soever it may have overflowed its banks, is ever brought back to its old
limits.”
The continuance up to this time of the encroachments made on the
Constitution by these Acts which we oppose, may perhaps be accounted for
by the fact that the class of persons first assailed were those with
whom society has in general the least sympathy; whereas in similar
crises of danger in past times our liberties were violated in the person
or persons generally of men of rank, influence, or high character.
Nevertheless, this was not always the case, for, as Blackstone says, it
was the injury done to a common citizen (one Jenks) which gave existence
to the Act which completed the security of public liberties; “the
oppression of an obscure individual gave rise to the famous Habeas
Corpus Act.” Junius has observed that this is worthy of note, for the
just idea it conveys of that readiness of all orders of men in England
to unite in defence of common liberty. I am convinced that Englishmen
now are not so degenerate as not to contend with equal zeal for the
redress of wrongs which are no less dangerous because inflicted on a
class whom society generally despises, or upon those the humbleness of
whose position or whose unsheltered fame leaves it possible for men
carelessly to confuse them with the guilty. This encroachment on our
liberties has come upon us “like a lion and wolf in one,” rapacious and
devouring, but sly and soft-footed. Had our ancient and dearly loved
constitutional freedom been attacked in a more open manner, had the
first sufferers been persons accustomed to demand and to receive
justice, the evil would have been quickly averted, so loud and
instantaneous would have been the outcry; but because this lion-wolf set
its paw first upon the meanest of England’s citizens, the danger is but
the greater. The gallant ship of our Constitution may be as fatally
wrecked by the falling of some unseen spark in the remotest, dingiest
corner of its hold, as by the flash of lightning which strikes the
headmast in the sight of all, and sends it through the waters a
perishing mass of flames. “The Hollander in the midst of the storm,
though trusting to the strength of the mounds that protect him, shudders
Public-domain text, read in full here on John Shaqi.
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