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?
90. Liverpool Mercury.
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.
92. Commentaries, p. 142, chap. viii.
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.
94. De Lolme on the Constitution, p. 314.
95. Blackstone, Book i. p. 140: “Rights of Persons.”
96. Lord Chatham’s Speech on the case of Mr. Wilkes.
97. De Lolme, page 318.
98. Page 321.
99. De Lolme, page 322.
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.
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.
102. Whether as they may exist under a limited monarchy, or, as in America, under a President.
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!”
104. Democracy in America, vol. iii. chap. 6.
105. Democracy in America, vol. iii. p. 297.
106. Democracy in America, vol. ii. p. 115.
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“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.
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