Ireland “any policeman duly authorized,” instead of “the
superintendent of police.”
Footnote 24:
20. If in any such examination the woman examined is found to be
affected with a contagious disease, she shall thereupon be liable to
be detained in a certified hospital, subject and according to the
provisions of this Act, and the visiting surgeon shall sign a
certificate to the effect that she is affected with a contagious
disease, naming the certified hospital in which she is to be placed,
and he shall sign that certificate in triplicate, and shall cause one
of the originals to be delivered to the woman, and the others to the
superintendent of police.
21. Any woman to whom any such certificate of the visiting surgeon
relates may, if she thinks fit, proceed to the certified hospital
named in that certificate, and place herself there for medical
treatment; but if, after the certificate is delivered to her, she
neglects or refuses to do so, the superintendent of police, or a
constable acting under his orders, shall apprehend her and convey her
with all practicable speed to that hospital, and place her there for
medical treatment, and the certificate of the visiting surgeon shall
be sufficient authority to him for so doing.
22. Where a woman certified by the visiting surgeon to be affected
with a contagious disease places herself, or is placed as aforesaid,
in a certified hospital for medical treatment, she shall be detained
there for that purpose by the chief medical officer of the hospital
until discharged by him by writing under his hand.
The certificate of the visiting surgeon, one of the three originals
whereof shall be delivered by the superintendent of police to the
chief medical officer, shall, when so delivered, notwithstanding that
she is for that purpose removed out of one into or through another
jurisdiction, or is detained in a jurisdiction other than that in
which the certificate of the visiting surgeon was made, shall be
sufficient authority for such detention.
26. Every woman conveyed or transferred under this Act to a certified
hospital, shall, while being so conveyed or transferred thither, and
also while detained there, be deemed to be legally in the custody of
the person conveying, transferring, or detaining her.
Footnote 25:
_De laudibus legum Angliæ_, p. 53.
Footnote 26:
Blackstone, Bk. iii. p. 38.
Footnote 27:
The Act upon this point was very clearly defined by Mr. Bennett, an
eminent solicitor, in a case tried at the Duke of Cornwall Hotel,
Plymouth, which entirely turned on the fact that _suspicion_ alone in
the policeman’s mind justified his action, and that, further, he was
not bound, when called on, to give the reasons of this suspicion.
Footnote 28:
Blackstone, Book iii.
Footnote 29:
M. Le Cour says that in Paris false accusations, by anonymous letters
and otherwise, amount to several hundreds a week.
In the case at Plymouth already alluded to, Inspector Annis of
Plymouth being asked by Mr. Rooker, a magistrate, “Have you ever got
anonymous letters accusing women?” replied, “We get lots of them.”
Footnote 30:
On the occasion of the trial of a young girl under these Acts in a
certain town of Kent, a full bench of magistrates was assembled. She
was condemned to a month’s imprisonment, and on leaving the court
remarked, “I did find it rather hard that the gentleman on the bench
who gave the casting vote for my imprisonment had paid me five
shillings the day before to go with him!”
Footnote 31:
Creasy’s _Constitution_, pp. 225 and 227.
Footnote 32:
De Lolme, p. 171.
Footnote 33:
Blackstone, Book iii. p. 378.
Footnote 34:
Blackstone, Book iii. p. 379.
Footnote 35:
See Appendix A, p. 179.
Footnote 36:
Lieber in his work on Civil Liberty remarks that lawyers have rarely
been the promoters of reform in the laws: he excepts “the immortal Sir
Samuel Romilly” and a few others.
Footnote 37:
It is thus worded in the Charter of Henry III.
Footnote 38:
_English Constitution_, p. 204.
Footnote 39:
Blackstone, vol. i. p. 145.
Footnote 40:
Blackstone, Book iv. chap. 20.
Footnote 41:
Professor Sheldom Amos writes on this subject:—“The proceedings
contemplated by the Contagious Diseases Acts have been placed among a
large and rapidly growing class of proceedings only technically
criminal, and instituted for quasi-moral, sanitary, fiscal, or general
police purposes. To this class belong cab-regulations, regulations in
respect of the cattle-plague, regulations for preventing nuisances in
the way of obstructions in the street or on the pavement, regulations
in the way of railway bye-laws for securing the safety of passengers,
etc. The actions endeavoured to be prevented by the class of laws here
involved are not crimes in the sense of being in themselves morally
reprehensible, still less abominable, but they are crimes so far as
they are absolutely forbidden by the State, and the punishment and
prevention of them is undertaken by the State through its own
officers. This class of Acts has been very much multiplied of late
years, and the proceedings with respect to them are always in the
first instance before one or two magistrates. Some of the proceedings
are ‘summary;’ that is, the magistrate can assign the punishment at
once without appeal; others are summary only in the sense that the
magistrate can, if the accused consent, assign the punishment at once,
but the case can be reserved for Quarter Sessions and for jury trial
in the event of the accused being able to find securities for his
appearance. Thus, you see that the claim to jury trial is already
practically obsolete for all offences not of such kind as theft,
robbery from the person, murder, assaults, treason, forgery, and such
like atrocious forms of wrong-doing. The proceedings under the
Contagious Diseases Acts are placed among the first of the classes
above described, that is, summary proceedings without appeal. I think
with you that the extension and multiplication of such Acts and
proceedings is a grave constitutional peril, as I have said
elsewhere.” Let the reader compare the grave cases tried under the
Contagious Diseases Acts with the quasi-moral, sanitary, and fiscal
cases adverted to above, and let him mark the conclusions to which the
framers of these Acts are inevitably driven through having placed
these cases on this category. On the one hand, if, as some of our
opponents say, these Acts are directed against vice, and are for the
discouragement of the sin of prostitution, then, as we have seen,
their framers are guilty of a violation of the constitution by placing
cases of real criminality, involving severe penalties, on the list of
summary proceedings in which there is no appeal. But if, as by far the
greater number of our opponents affirm, these Acts do not treat
prostitution as criminal, and these cases properly belong to the
category above cited, then to what an awful moral conclusion are they
driven on the other hand! To exact an exorbitant fare or to drive
recklessly in the streets is a legal offence in a cabman; but to take
a fare within prescribed limits and to drive in the streets is no
moral offence at all. The same kind of argument holds true of all the
technical offences created by the Acts of Parliament above alluded to.
It is the exceeding of a certain limit (thereby causing inconvenience
to society) which constitutes the legal offence under these economic
regulations. But in the Contagious Diseases Acts the case is wholly
different. Prostitution itself is morally criminal. The State—placing
the Contagious Diseases Acts on the category of merely economical
regulations—makes the crime dealt with under them to consist in acting
as a prostitute _when out of health_. It says to the trader in sin,
“You are guilty, unless you pursue this trade under certain conditions
prescribed by Act of Parliament,” thus plainly implying, “You are not
guilty so long as you ply your trade in compliance with the conditions
imposed by our Act,”—hence the fearfully immoral influence of such a
law upon the people at large! Whatever may be said, on the ground of
expediency, against certain recent Acts of Parliament, it can never be
said that their influence is _directly_ immoral, for the technical
definition by the State of the crime treated in these cases does not
involve the recognition of the lawful and innocent character of
actions in themselves vicious, condemned by God’s Word, and ruinous to
society; finally, it is clear that little or no injury to character is
incurred by a false accusation under these economical Acts, whereas a
false accusation under the Contagious Diseases Acts is ruinous.
Footnote 42:
The practical working of this Act turns upon the voluntary submission.
The clauses which refer to this are as follows:—
Act 1866, clause 17.— “Any woman, in any place to which this Act
applies, may voluntarily, by a submission in writing, signed by her in
the presence of, and attested by, the superintendent of police,
subject herself to a periodical medical examination under this Act for
any period not exceeding one year.”
Act 1869, clause 6.—“Where any woman in pursuance of the principal Act
(1866) voluntarily subjects herself by submission in writing to a
periodical medical examination under that Act, such submission shall,
for all the purposes of the Contagious Diseases Acts 1866 to 1869,
have the same effect as an order of a justice subjecting the woman to
examination, and all the provisions of the principal Act respecting
the attendance of the woman for examination, and her absenting herself
to avoid examination, and her refusing or wilfully neglecting to
submit herself for examination, and the force of the order subjecting
her to examination after imprisonment for such absence, refusal, or
neglect shall apply and be construed accordingly.” If a woman do not
desire to sign the voluntary submission, the process under the Acts is
that in conformity with the clause 4, Act 1869, already cited, she
shall be summoned before a justice, by whom the question as to her
being a prostitute or not is first to be tried, and then if he is
satisfied that she is such, she is ordered for examination. It is not
until after this process of law, and until she has absented herself
wilfully from the examination thus ordered, that there are any penal
consequences. (See clause 28, Act 1866, quoted below.) The arbitrary
character of the offices to which the carrying out of these Acts is
intrusted is to be seen from the orders given by the War Office to the
policeman, with respect to the voluntary submission, one of which
orders is as follows:—“_Should any woman object to sign, she is to be
informed of the penal consequences attending such refusal_, and the
advantages of a voluntary submission are to be pointed out to her.”
_Now, there are no penal consequences legally attending such a
refusal_; on the contrary, _penal consequences attend signing_: and
the War Office here utterly ignores all the process of law which
intervenes between the accusation of the woman, under clause 16, Act
1869, and the penal consequences which, according to clause 28, Act
1866, may under certain circumstances ensue. Perhaps nothing could be
such a striking comment as this on the utterly flimsy character of the
whole process of law to which the woman is subjected. The War Office
has here leapt at once from the suspicion of a policeman to the
woman’s condemnation, as if the suspicion of a policeman alone were
sufficient proof of her being a prostitute. Indeed, under the Act it
seems fundamentally to be assumed that policemen are infallible judges
as to whether a woman is chaste or not.
Footnote 43:
The form of the voluntary submission is as follows:—“I —— voluntarily
subject myself to a periodical medical examination by the visiting
surgeon for —— calendar months.” In order to put it more plainly
before the reader, let him imagine some petty misdemeanour, such as
petty theft or disorderly conduct,—let him imagine a paper of a
self-criminating character put before the accused, wherein he signs
words to this effect: “I —— submit myself to (here mentioning some new
form of punishment, which shall include the public registration of his
calling as a thief or a drunkard) for —— calendar months.” Where is
here the desirable expediting of justice? and where is here the
“benevolent motive of setting the culprit, after a brief punishment,
free to start a new life”?
Footnote 44:
When the gross nature of the outrage involved in the examination
becomes known to them, many refuse to sign the voluntary submission a
second time, and have to be taken before a magistrate.
Footnote 45:
See Chapter v.
Footnote 46:
Not only is the case treated summarily under the Contagious Diseases
Acts, and thus the safeguard of jury trial taken away, but even the
safeguards which are generally allowed in summary cases are taken
away. In other summary cases, where the imprisonment adjudged shall
exceed one month, there is the right of appeal to the general or
quarter sessions (see Appendix). But even this appeal is not allowed
under the Contagious Diseases Acts, although (see clause 7, Act 1869,
and clause 26, Act 1866) the woman may be imprisoned for nine months,
and (see clause 28, Act 1866) may be imprisoned for three months with
hard labour.
Footnote 47:
Blackstone, Book iii. p. 367.
Footnote 48:
If the reader will in the following speech substitute the words
“Contagious Disease” for “Smuggling,” and make several consequent
alterations, he will find that this address stands as that of a man
rising from the dead to plead on our behalf.
Footnote 49:
Compare with this, clause 4, Act 1869, where information is to be
lodged against a woman of whom the policeman has “good cause to
believe” that she has been “outside of those limits _for the purpose_
of prostitution.” The reader will observe that the policeman here has
not suspicion necessarily of any act perpetrated, but merely he has
suspicion that this woman harbours in her breast a certain intention.
Footnote 50:
If Lord Hardwicke could use this language in respect to the danger
which every honest man was subjected by a law directed against
smugglers only, how much more are we justified in saying that every
woman encounters dangers of as grave a kind by the existence of a law
directed against unchaste women?
Footnote 51:
Only _one_ witness is required under the Contagious Diseases Acts.
Footnote 52:
How easily an innocent action may be misconstrued under the Contagious
Diseases Acts may be seen by the evidence of Mr. Parsons, an examining
surgeon under these Acts, who when examined by the Parliamentary
Committee as to his definition of a prostitute (there being none under
the Acts), defined it as “any woman whom there is fair and reasonable
grounds to suspect to be _going_ to places which are the resort of
prostitutes, and at times when immoral persons are out,” and added,
“It is a matter of _mannerism_ more than anything else.”
Footnote 53:
The only witness required under the Contagious Diseases Acts is the
paid spy.
Footnote 54:
A woman may be detained for nine months at a time in hospital, on
evidence given by the hospital surgeon only (see clause 22, Act 1866,
and clause 7, Act 1869); and the hospital authorities, whose servant
he is, receive £30 a year for every bed which is filled.
Footnote 55:
If the difficulty of proving innocence in this case be so great, we
may consider the difficulty much greater for a woman to prove, not
only that she had no intention of an evil nature, but that she is in
fact a chaste woman. It has been said that it is impossible even for
Diana herself to prove her own chastity.
Footnote 56:
In a recent pamphlet, one of the supporters of the Contagious Diseases
Acts says of the women, “No _crime_ is laid to their charge!” See
Lane’s answer to Duncan M‘Laren.
Footnote 57:
This is precisely what we say of the Acts which we oppose.
Footnote 58:
The malicious whisper of a single man, under the Contagious Diseases
Acts, may destroy the character of a woman. A gentleman who lately
visited Paris was sitting in the boulevards with a young Frenchman,
who, observing a great many young women passing, remarked to his
English companion, “I could have any one of these sent to prison
to-morrow by a single word to the inspector of police.”
Footnote 59:
Let the reader compare this with the description of the state of Paris
given by M. Le Cour himself, the Prefect of the Police Médicale. There
is a staff of special police appointed for the “surveillance” of the
public women. It is a post which is despised by the more respectable
men who take the office of regular police. These women-hunters or
“Mouchards” are intrusted with large and arbitrary powers for hunting
down and imprisoning these women. What is the effect? Is prostitution
thereby restrained? I quote Le Cour’s own words (_Prostitution in
London and Paris_, 1789–1870, by M. Le Cour):—“These public women are
everywhere, in the drinking shops, the music saloons, the theatres,
the balls; they haunt the public establishments, the railway stations
and carriages, they push respectable women off the pavement, they roll
in carriages, they frequent the Bois de Boulogne, they plant
themselves outside every coffee-house, they drive slowly along the
footpaths, there is a place by the lady’s side which she seems to
offer to the passer-by; there are hotels which freely open their doors
to them at any hour if they do not come alone.” As with the French
smugglers spoken of by Lord Hardwicke, the rigour under which they
lived gave rise to an _esprit de corps_ which enabled them to brave
the authorities, so do the most vicious persons in Paris band
themselves together as a compact community to defy authority. To quote
Le Cour again: “Panderers are numerous at Paris, where they find more
than anywhere else in the world the opportunity of practising their
manœuvres and escaping the attention of the authorities. They keep
registrary offices and restaurants, they sell articles for the toilet,
millinery, gloves, or perfumes, and they constitute true snares for
all young girls who are engaged as workwomen and employées.” Mme.
Daubie also says in her book, _La Femme Pauvre_, that panderers and
procurers band themselves together in such a compact _corps d’élite_
that they are able to engage the best houses in the city on the best
terms, and to oppose any measures adopted by the authorities which may
seem to be unfavourable to their abominable traffic.
Footnote 60:
Compare this with the _Saturday Review_ and _Pall Mall Gazette_
remarks about “shrieking sisterhoods.”
Footnote 61:
_Parliamentary History_, vol. ix. p. 1253.
Footnote 62:
It had been urged that the customs could not be collected unless the
Bill against smugglers was passed.
Footnote 63:
It would seem that Parliament is not now independent of the permanent
Officers of State, as, for instance, the authorities at the Horse
Guards.
Footnote 64:
Compare this with what Blackstone says when speaking of the operations
of just law being necessarily slow; that arises, says he, from
“liberty, property, civility, commerce, and an extent of populous
territory, which whenever we are willing to exchange for tyranny,
poverty, barbarism, idleness, and a barren desert, we may then enjoy
the same despatch of causes as is so highly extolled in some foreign
countries.”
Footnote 65:
The pretence of the Contagious Diseases Acts may be reckoned as the
lowest possible pretence, for it is that of attempting to preserve a
man from the bodily inconveniences attending vicious habits, which by
his own will he could avoid.
Footnote 66:
Speech delivered by Lord Chatham on the 20th November 1777.
Footnote 67:
If they had adopted the former definition without reserving this power
of arbitrary omission, this law would have told too heavily upon the
great; but even supposing that virtue might have continued to wink
even under this law, still oblivious to them, and might have
continued, as doubtless it would, to regard that as pardonable frailty
in high life which is called prostitution among the humbler classes,
yet there are others who, under this law, might have been too
conveniently assailed; for policemen, examining surgeons, nay even
sometimes justices of the peace, may not be unacquainted with
temporary connections with that mistress, their appreciation of whose
faithfulness makes them dread for her the severity of such a
definition.
Footnote 68:
This appearance before the justice is only in case of disobedience to
the Acts. In the first and all-important process of determining
whether the woman be moral or vicious, not 10 per cent. of the women
ever see the face of their judge, who condemns them on the hearsay
evidence of the spy alone!
Footnote 69:
So anxious has our Legislature ever been to establish mercy even to
convicted offenders, as a fundamental principle of government, that
they made it an express article of that great public compact framed at
the era of the Revolution—the Bill of Rights—that “no cruel and
_unusual_ punishments” should ever be enforced (see Bill of Rights,
art. x.). They even added a clause for that purpose to the oath which
kings and queens were thenceforward to take at their coronation, thus
endeavouring to render it an everlasting obligation to English
monarchs to make justice “to be executed with mercy.” In the same
spirit they availed themselves, not only of the crisis of the
Revolution, but of every important occasion, to procure new
confirmations to be given to the right of trial by jury, and in
general to the purity and integrity of our system of criminal
jurisprudence. A curious debate took place in Parliament in 1605 (see
Parliamentary Hist., vol. v.) on a proposal to introduce some unusual
form of punishment for certain criminals. The motion was very speedily
rejected. I find in some ancient books on law, that even in the
execution of the “peines fortes et dures,” regard was to be had to
_decency_. A harrowing narrative of bodily pains, inflicted in order
to urge the victim to confession, ends with the injunction to stop
short of personal indecency towards him or her; this last agony was
seldom inflicted, and only under the most oppressive tyranny, and by a
cruel and shameless executive. It is impossible to dwell further on
this subject; nor can one read such records without a burning shame on
account of the degeneracy in this particular of our own times. It will
be a sad day for Her Majesty when she wakes up to the full knowledge
of the fact that she—a woman, a gracious and virtuous woman—has signed
away with her own hand the liberties of a vast multitude of her
subjects in a more complete fashion than has been attempted since the
days of the Stuarts, and that she has unwittingly sanctioned deeds
which make the heart of womanhood to freeze with horror.
Footnote 70:
Trial of John Wilkes, A.D. 1763.
Footnote 71:
Lieber, vol. i. p. 56.
Footnote 72:
“Trial itself,” says Lieber (vol. i. p. 182), “though followed by
acquittal, is a hardship.” It is a peculiar hardship in the case of an
accusation against a woman’s honour, which, even where satisfactorily
disproved, generally imposes a greater or less social stigma on the
person falsely accused. Yet this disproval is all but impossible.
Footnote 73:
The imprisonment inflicted under clause 28, Act 1864, falls upon those
women who have any spark of modesty or virtue left, and may drive it
out of them.
Footnote 74:
Compare this with the indiscriminate herding together of the women
under the Acts in the examining-house.
Footnote 75:
Poor women in the subjected districts have said to me: “_Pretty_ girls
get off far more easily than plain ones.”
Footnote 76:
_English Constitution_, p. 372.
Footnote 77:
_Ibid._ p. 374.
Footnote 78:
_Commentaries_, p. 373.
Footnote 79:
See Dr. Lyon Playfair’s speech in the House. See also Lane’s pamphlet,
p. 15. See also the Report of the Committee of the House of Commons,
from which we make the following extract:—
“116. _Question_—Do you know of your own knowledge whether it is not
the case that attempts to reform these women by approaching them with
direct moral and religious advice, while they are pursuing their
avocation, are generally unsuccessful? _Answer_—It is almost always
inoperative.
“117. I suppose it has been attempted at Devonport by clergymen and
others?—Very constantly.”
The effrontery of this statement is almost unparalleled when we
consider the glorious but hitherto unappreciated achievements of the
various Rescue Societies.
Footnote 80:
Lane’s answer to Duncan M‘Laren.
Footnote 81:
Preface to the _Areopagitica_.
Footnote 82:
“Thoughts on the Cause of the Present Discontents.”—Burke’s _Works_,
p. 140.
Footnote 83:
With these considerations in their mind, I can conceive how safe and
comfortable the fathers of the Contagious Diseases Acts felt
themselves—no visions of a future possible repeal of this Act to
trouble them!
Footnote 84:
“I am very much afraid,” says a member of Parliament in a recent
letter, “that one cause of our weakness in fighting this battle in the
House is, that there are too many of its members who secretly like
these Acts, as making, as they think, their own immoralities less
personally dangerous to them; there are many most excellent men on
both sides, but I am afraid there are also many on whom wealth and
station have had an injurious effect, who spend their lives merely for
pleasure, and care nothing for higher considerations. This may seem
strong language, but it is, I fear, too true.”
Footnote 85:
_English Constitution._
Footnote 86:
De Lolme.
Footnote 87:
Rousseau’s _Social Contract_, chap. viii.
Footnote 88:
“Such arbitrary courses have an ill operation upon the courage of a
nation, by embasing the hearts of the people. A servile condition
does, for the most part, beget in men a slavish temper and
disposition. Those that live so much under the whip and the pillory,
and such servile engines as were frequently used by the Earl of
Strafford, they may have the dregs of valour, sullenness, and
stubbornness which may make them prone to mutinies and discontents.
Shall it be treason to embase the king’s coin, though but a piece of
twelve pence, or six pence? and must it not needs be the effect of a
greater treason to embase the spirits of his subjects, and to set a
stamp and character of servitude upon them whereby they shall be
disabled to do anything for the service of the king and
commonwealth?”—Pym’s Speech on the Trial of the Earl of Strafford.
Footnote 89:
In a letter to the _Lancet_, a gentleman signing himself Stanley
Haynes, M.D., suggests that the Government should erect vast
establishments, to which “all persons ill with scarlatina, measles,
roseola, variola, varicella, relapsing fever, typhus, enteric, or
yellow fevers, diphtheria, pertussis, or cholera,” should be conveyed
in spite of any remonstrances or resistance to the contrary; such
establishments to be for all classes, and the removal of the patients
to be insisted on, “whenever the medical officer of health is
satisfied that isolation and disinfection will not be complete at
home,”—even in this latter case the sick-rooms at home to be entered
only by persons authorized by an officer of health. The writer says
that this system “would be equal to the beneficial extension of the
Contagious Diseases Acts to eruptive, continued, and mucous fevers.”
He suggests that “much opposition would undoubtedly be roused by
parents and others,” but that may be in time overcome, as the
opposition to the Contagious Diseases Acts is to be overcome, by
custom, and education to the system. This scheme, which reads like a
grim parody of the Contagious Diseases Acts, is indorsed by the
_Lancet_, which speaks of the “importance” of Dr. Haynes’s letter.
In recent numbers of the _Lancet_ there has been a correspondence on
the desirableness, from the doctor’s point of view, of making it
compulsory on all women of the humbler classes, on pain of fine or
imprisonment, to be attended in childbearing by a male practitioner.
One of the correspondents says there is such a provision in the new
“Medical Bill,” but on looking through that Bill I cannot find such a
provision, unless indeed it be artfully concealed in clause 29. The
_Lancet_, it is well known, is ever the friend of compulsion and
violent centralization, abounding in such expressions as the
following:—“It is to be regretted that a well instructed and humane
government does not exercise a firmer influence over the anarchy, the
greed, the ignorance of local governing bodies. But the energetic use
of the powers given by the Sanitary Acts would enable medical men to
confer benefits on the public, the value of which defies
estimation.”—_Lancet._ These benefits conferred by medical men, be it
observed, are to be purchased at the expense of that power of
self-government, disposition to help the law, and manly independence
which, as we have seen, De Tocqueville, Montalembert, Niebuhr, Guizot,
and a host of thoughtful English writers, have attributed to a great
extent to the freedom of local governing bodies. It might be asked
further, is there no danger of anarchy, of greed, of ignorance among
medical men?
Footnote 90:
_Liverpool Mercury._
Footnote 91:
If we compare the slight penalties inflicted for cruelties practised
on women and children with those imposed for injury of property or the
wounding of a stag, the property of a Duke, we cannot wonder at the
low estimate, in England, of the worth of women.
Footnote 92:
_Commentaries_, p. 142, chap. viii.
Footnote 93:
There are many other instances in English law besides these mentioned
above, wherein the inequality of justice, as regards the two sexes, is
grossly apparent. I cannot here however dwell upon this wide and
painful subject. The following detached extracts bearing on the
subject are taken from a chapter of the work of an American writer on
“The English Common Law:”—“In the eye of the law, female chastity is
only valuable for the work it can do. The custody of children belongs
to the father; the mother has no right of control. The father may
dispose of them as he sees fit. If there be a legal separation, and no
special order of the Court, the custody of the children (except the
nutriment of infants) belongs legally to the father.” _Except the
nutriment of infants!_ here is a hint from the good God himself.
Should we not think that the first time these words were written down,
and men were compelled to see the natural dependence of the child upon
the mother—to detect the obvious laws of nurture, natural and
spiritual—the right of a good mother to her child would have made
itself clear? In reference to the inequality of the divorce laws, this
writer says—“In the late debate in Parliament on the new Divorce Bill,
when a member objected to the introduction of a clause equalizing the
relief of divorce to both sexes, he asked, ‘If this clause were
adopted, I should like to know how many married men there would be in
this House?’ He was answered by shouts of laughter! Would these men
have laughed, think you, if they had been asked how many _pure wives_
could be found in their family circles? and if _not_, would it have
been because they were capable of estimating the value of womanly
virtue? _No!_ for that man cannot estimate womanly virtue who has
never known the worth of manly purity. It would be the spectres of
illegitimacy and social ruin staring them in the face, which would
turn their lips so white! In France (says the _Westminster Review_)
fidelity on the part of a husband is considered a sort of imbecility.
What is thought of it in England? Does this scene in Parliament,
printed for all our girls to read, suggest any higher view?” “The
laughter of fools,” Solomon says, “is like the crackling of thorns
under a pot;” but that laughter in the English House of Commons was
more like what one might expect to hear—mingled with wailings—on
approaching the gates of hell.
Footnote 94:
De Lolme on the Constitution, p. 314.
Footnote 95:
Blackstone, Book i. p. 140: “Rights of Persons.”
Footnote 96:
Lord Chatham’s Speech on the case of Mr. Wilkes.
Footnote 97:
De Lolme, page 318.
Footnote 98:
Page 321.
Footnote 99:
De Lolme, page 322.
Footnote 100:
“I think with you that the extension and multiplication of such
proceedings and Acts of Parliament is a grave constitutional peril, as
I have said elsewhere. I think it of the greatest importance that the
constitutional iniquity implied in the Contagious Diseases Acts should
be fully exposed to the eyes of the whole country. It is one of the
dangers of popular government that the people lose their proper
suspicion of the executive and their reverence for constitutional
bulwarks.”—Letter from Sheldon Amos, Esq., Professor of Jurisprudence.
Footnote 101:
I may just quote further the solemn words to which the king was
compelled to give his signature, which are contained in this
guaranteeing clause of Magna Charta: “Whereas for the honour of God
and the amendment of our kingdom, and for the better quieting the
discord that has arisen between us and our barons, we have granted all
these things aforesaid; being willing to render them firm and lasting,
we do give and grant our subjects the underwritten security, namely,
that the barons may choose five-and-twenty barons whom they think
convenient, who shall take care with all their might to hold and
observe, and cause to be observed, the peace and liberties we have
granted them, and by this our present Charter confirmed; so that if
we, our justiciary, our bailiffs, or any of our officers, shall in any
circumstance fail in the performance of them towards any person, or
shall break through any of these articles of peace and security, the
said barons shall”—and here follows the account of the prosecution to
which the king agrees to submit himself.
Footnote 102:
Whether as they may exist under a limited monarchy, or, as in America,
under a President.
Footnote 103:
The celebrated Count Oxenstierna, Chancellor of Sweden, one day when
his son was expressing to him his diffidence of his own abilities, and
the dread with which he thought of ever engaging in the management of
public affairs, made the following Latin answer to him: “Nescis, mi
fili, quantulâ sapientia regitur mundus”—“You know not, my son, with
what little wisdom the world is governed.”
A young Member of Parliament, recently elected, remarked to me one
day: “When one gets into Parliament, one sees that a great nation is
after all like an old goat whom anybody may lead by the beard!”
Footnote 104:
_Democracy in America_, vol. iii. chap. 6.
Footnote 105:
_Democracy in America_, vol. iii. p. 297.
Footnote 106:
_Democracy in America_, vol. ii. p. 115.
------------------------------------------------------------------------
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“We cannot help wishing that such notice more frequently introduced
to our readers a volume of Church of England sermons. Still, looking
beyond our pale, we rejoice notwithstanding.
“Mr. Ker has dug boldly and diligently into the vein which Robertson
opened; but the result, as compared with that of the first miner, is
as the product of skilled machinery set against that of the vigorous
unaided arm. There is no roughness, no sense of labour; all comes
smoothly and regularly on the page—one thought evoked out of
another. As Robertson strikes the rock with his tool, unlooked-for
sparkles tempt him on; the workman exults in his discovery; behind
each beautiful, strange thought, there is yet another more strange
and beautiful still. Whereas, in this work, every beautiful thought
has its way prepared, and every strange thought loses its power of
starting by the exquisite harmony of its setting. Robertson’s is the
glitter of the ore on the bank; Ker’s is the uniform shining of the
wrought metal. We have not seen a volume of sermons for many a day
which will so thoroughly repay both purchase and perusal and
re-perusal. And not the least merit of these sermons is, that they
are eminently suggestive.”—_Contemporary Review._
“The sermons before us are indeed of no common order; among a host
of competitors they occupy a high class—we were about to say the
highest class—whether viewed in point of composition, or thought, or
treatment.
“He has gone down in the diving-bell of a sound Christian
philosophy, to the very depth of his theme, and has brought up
treasures of the richest and most _recherché_ character, practically
showing the truth of his own remarks in the preface, ‘that there is
no department of thought or action which cannot be touched by that
gospel which is the manifold wisdom of God.’ These subjects he has
exhibited in a style corresponding to their brilliancy and
profoundness—terse and telling, elegant and captivating, yet totally
unlike the tinsel ornaments laid upon the subject by an elaborate
process of manipulation—a style which is the outcome of the
sentiment and feelings within, shaping itself in appropriate
drapery.”—_British and Foreign Evangelical Review._
=Readings in Holy Writ.=
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=Devout Moments.=
By LORD KINLOCH. Price 6d.
=Studies for Sunday Evening.=
By LORD KINLOCH. Second Edition. Fcap. 8vo, price 4s. 6d.
=Supplemental Descriptive Catalogue of Ancient Scottish Seals.=
By HENRY LAING. 4to, profusely illustrated, price £3:3s.
=The Philosophy of Ethics=:
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ODDS AND ENDS—_Price 6d. Each._
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16. Spain in 1866.
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------------------------------------------------------------------------
TRANSCRIBER’S NOTES
● Typos fixed; non-standard spelling and dialect retained.
● Used numbers for footnotes, placing them all at the end of the
last chapter.
● Enclosed italics font in _underscores_.
● Enclosed bold or blackletter font in =equals=.