Women -- Suffrage -- History; Women -- Suffrage -- United States -- History; Women's rights -- History; Women's rights -- United States -- History
All persons born or naturalized in the United States and
subject to the jurisdiction thereof, are _citizens_ of the
United States and of the State wherein they reside. No State
shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States.
Nor shall any State deprive any person of life, liberty or
property without due process of law, nor deny to any person
within its jurisdiction the equal protection of the laws.
To deny the right asked in this bill would be to deny to women
citizens the rights guaranteed in the Declaration of Independence
to be self-evident and inalienable, "life, liberty and the
pursuit of happiness"; a denial of one of the fundamental rights
of a portion of the citizens of the commonwealth to acquire
property in the most honorable profession of the law, thereby
perpetuating an invidious distinction between male and female
citizens equally amenable to the law, and having an equal
interest in all of the institutions created and perpetuated by
this government. The articles of confederation declare that:
The free inhabitants of each of these States--paupers and
fugitives from justice excepted--shall be entitled to all
privileges and immunities of free citizens in the several
States.
Article 4 of the constitution says:
Full faith and credit shall be given in each State to the
public acts, records, and judicial proceedings of every
other State.
Illinois, Michigan, Minnesota, Missouri, North Carolina, Wyoming,
Utah, and the District of Columbia admit women to the bar. What
then? Shall the second cooerdinate branch of the government, the
judiciary, refuse to grant what it will not permit the States to
deny, the privileges and immunities of citizens, and say to
women-attorneys when they have followed their cases through the
State courts to that tribunal beyond which there is no appeal,
"You cannot come in here we are too holy," or in the words of the
learned chancellor declare that:
By the uniform practice of the court from its organization
to the present time, and by a fair construction of its
rules, none but men are admitted to practice before it as
attorneys and counselors. This is in accordance with
immemorial usage in England, and the law and practice in all
the States until within a recent period, and the court does
not feel called upon to make a change until such a change is
required by statute, or a more extended practice in the
highest courts of the States.
With all due respect for this opinion, we beg leave to quote the
rule for admission to the bar of that court as laid down in the
rule book:
Public-domain text, read in full here on John Shaqi.
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