Government by Police San Diego, California 9211 O United States ~ N 0 Imprint: London; New York: Routledgecurzon, ~ Fax: Co 2003
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Borrower: CDU Call#: HQ 125 .G7 J67 2003 Lending String: *LRU,CLU,STA,CPO,FDA Location: 3 Patron: iiiiiiiiiiiii !!!!!!!!!!!! iiiiiiiiiiiii iiiiiiiiiiiii Journal Title: Josephine Butler and the ODYSSEY ENABLED ~ prostitution campaigns : diseases of the body ~ !!!!!!!!!!!! politic/ Charge Maxcost: 50.00IFM ti'.)= Volume: V.3: The constitution violated Issue: ·-o=$-; =- MonthNear: 2003Pages: pp. 71 --> ? Shipping Address: (I.) == Interlibrary Loan • ....-4;;;,. iiiiiiiiiiiii - Article Author: Butler, Josephine University of San Diego - Copley Library ~ iiiiiiiiiiiii i,-1 iiiiiiiiiiiii 5998 Alcala Park !!!!!!!!!!!! Article Title: Government by Police San Diego, California 9211 O United States ~ N 0 Imprint: London; New York: RoutledgeCurzon, ~ Fax: co 2003. Ariel: -~.. Email: z ILL Number: 207459296 1- 't, 111111111111111111111111111 IIIIIIIIII IIIII IIIII IIII IIII cu :J ..J 8 GOVERNMENT BY POLICE Josephine E. Butler Source: London, Dyer Brothers (1879) It seems probable that one of the greatest questions of the future will be that of ascertaining the best means of effectually counteracting or holding in check the strongly bureaucratic tendencies which we see to be stealing over almost every civilized nation. On the one hand we see imperially-governed countries; and on the other democratic republics, with traditions and aspirations wholly different, but alike only in this,-that police rule in each has so established itself as to become a standing menace to liberty, and an embarrassment and even a rival to the Governments which aim at its reform, or at the restriction of its functions. The object of the present paper is to indicate the position of England in respect to this subject, to suggest certain lessons to be derived from the present struggle in France for decentralization and the curbing of the power of the police, and to point out briefly the dangers which a future liberal Government will incur in this respect, unless duly awakened to the danger of the threatening tyranny-a tyranny which may establish itself under the shelter of a liberal or democratic government, no less than under an autocracy or empire. It is not difficult to recognise the present abuses and dangers which have been allowed to establish themselves in this department of the Executive, as much by the short sightedness and busy over legislation of liberal administrations, as by the high hand of a des potic or reactionary minister. But to see the path which leads out of the actual complication is not so easy. To denounce the police, to pronounce what it ought not to be and do, is sufficiently easy, so palpable are the inconveniences and wrongs to which the public in various lands are daily subjected by the growing influence of the 71 THE CONSTITUTION VIOLATED ubiquitous and overshadowing Bureau; but to decide the question of what the police ought to be in a free nation, is a problem which will require for its solution the exercise of the wisest heads, and the firm est hands among those alike who govern, and those who influence that public opinion whose support is required for the maintenance of any Government. The principles which our forefathers held in regard to free gov ernment, however sound we may recognise them to be, have become less easy of application in these modem days of overgrown cities, crowded populations, perpetual locomotion, and complex social life. "Self-government," said Grattan, "is life." It is indeed life; life for the individual, for the family, for all organized communities, for muni cipalities, and for nations. The opposite is gradual death for each of these. Protests enough have been uttered against the evil influence of an absolute monarchy on the life of a people; but it is doubtful whether we have yet sufficiently considered, or whether our liberal leaders are at all adequately awake to the fact, that precisely the same evils are accumulating under a bureaucracy, (created it may be by the most liberal Parliament) which forces to act, and does not encourage and fructify the principle of self-action. De Tocqueville, alluding to a tyranny represented, not by one man, but by many, says-" For myself, when l feel the hand of power lie heavy upon me, I care little to know who oppresses me, and I am not the more disposed to pass under the yoke because it is held out to me by the arms of a million of men." Modern Police Government in its worst forms combines the evil of extreme centralization with the activity, in every comer of the nation, of a vast and numerous agency of surveillance, whose very presence tends by slow degrees to enfeeble the sense of res ponsibility in the citizens in regard to the order and well-being of society. "It is necessary to have seen nations who have been forced for centuries to submit to constant and minute police interference, in order to have any conception of the degree to which manly action, self-dependence, and inventiveness of proper means, can be eradi cated from a whole community." 1 Personal security against bodily violence or harm, (the benefit above all others supposed to be guar anteed to the citizen by the ever-present police), is itself purchased at too great a cost, if it be obtained at the price of personal liberty. An extensive preventive police might, by fettering all free individual action, prevent many offences; but mere physical security is not the highest object of pursuit for society, although it is desirable in order that it may obtain its highest objects. There is something bordering on the ludicrous, in the unconscious condemnation of the system 72 GOVERNMENT BY POLICE which they represent, contained in the often repeated, and somewhat sentimental lamentations of our metropolitan superintendents of police, over the growing dependence and carelessness of the popula tion of London. Superintendent Howard having reported the thou sands of doors and windows found unguarded or open at night, asks despondingly "When will the people of England ever learn to take care of themselves?" The answer is at hand, "never, so long as they are educated by the constant presence of persons delegated by Gov ernment to take care of them, even in the minutest particulars." Here is the fulfilment of Lieber's words,-inventiveness, self-protection, and manly self-dependence are being gradually driven out of the people by the delegation of the simplest and most primitive duties of citizens to the agents of the Government. In the old Anglo-Saxon times the whole community was called upon to aid in the protection of life and property, and for a long time the spirit of this system-though the system itself no longer applied-<:ontinued to characterize our administration. In those times the Sheriff of each county, who was elected by the free house holders, was the chief officer responsible for the preservation of peace, and the prevention of crime. The county was divided into hundreds; each hundred was again divided into ten divisions; in each division ten freeholders were mutually pledged to repress delinquen cies. The Sheriff paid a half-yearly visitation to the "hundred," mak ing enquiries as to whether there was any relaxation in the work and efficiency of the voluntary staff of peace officers. This species of self regulation answered its purpose extremely well in a country thinly populated; and the sense of responsibility and the spirit of self government thus nourished, tended to the favorable development of the moral character of the people. After the conquest, an innovation was made in the Anglo-Saxon system, when the Sheriff, instead of being the elect of the freehold ers, came to be appointed directly by the King. He was generally a Norman, and often indisposed to meet the people in their popular courts, and thus the Sheriff's periodical visitations through the coun try came to be neglected. Gradually, persons finding it inconvenient to exercise the responsibilities above described deputed others to take their place. The office of constable was then created; the con stable taking the place of the Anglo-Saxon hundred or tithing man. In every town and village the constables were to set a watch accord ing to the size of the place, every night from Ascension till Michael mas, from sunset to sunrise. The prevention of crime and the pursuit of criminals was one of their primary duties, and they were charged 73 THE CONSTITUTION VIOLATED to make a presentment at the Assizes, of all murders and affrays and other offences against the peace. Down to the reign of Elizabeth the spirit of the old system continued. A writer of that day remarked, "Every Englishman is a sergeant to take the thief, and whoso showeth negligence therein doth not only incur evil opinion, but hardly shall escape punishment." The Anglo-Saxon spirit of mutual protection and responsibility, however, gradually fell into decay after that time, and was proportionately replaced by the control and activ ity of the supreme executive. The same pleaded necessity which had called into being in the time of Charles 11,a standing army, in place of a militia, also produced a change from voluntary guardianship of the peace to a paid agency for that purpose. When any disturbance was apprehended, the power of the ordinary constables was found to be insufficient, and the aid of the military force was called in. The appearance of controlling a district by military force was felt, how ever, to be an evil. The magistrates of Cheshire, in 1829,were the first to make an attempt to improve the administration of the police in their county; they obtained an Act (10 George IV c. 97) which authorised them to appoint and direct a paid constabulary; other districts followed their example, and the idea thus quickly gained ground of employing a trained body of men, subjected to almost military discipline, to fulfil the duties formerly self-imposed by the citizens.