Women -- Suffrage -- History; Women -- Suffrage -- United States -- History; Women's rights -- History; Women's rights -- United States -- History
Mr. SARGENT: I think there is nothing in the law prohibiting it,
but the Supreme Court of the United States recently in passing
upon the question of the admission of a certain lady, said that
until some legislation took place they did not like to depart
from the precedent set in England, or until there was more
general practice among the States. The learned chief-justice,
perhaps, did not sufficiently reflect when he stated that there
were no English precedents. The fact is that Elizabeth herself
sat in the _Aula Regia_ and administered the law, and in both
Scotland and England women have fulfilled the function of judges.
The instances are not numerous but they are well established in
history. I myself have had my attention called to the fact that
in the various States the women are now admitted by special
legislation to the bar. I do not think there is anything in the
law, properly considered, that would debar a woman from coming
into this profession. I think the Supreme Court should not have
required further legislation, but it seems to have done so, and
that makes the necessity for the amendment which I have now
offered.
The chairman of the committee in reporting this bill back from
the Judiciary Committee said that the bill as it passed the House
of Representatives gave privileges to women which men did not
enjoy; that is to say, the Supreme Court can by a change of rule
require further qualification of men, whereas in regard to women,
if this provision were put into the statute, the Supreme Court
could not rule them out even though it may be necessary in its
judgment to get a higher standard of qualifications than its
present rules prescribe. Although I observe that my time is up, I
ask indulgence for a moment or two longer. As this is a question
of some interest and women cannot appear here to speak for
themselves, I hope I may be allowed to speak for them a moment.
Now, there is something in the objection stated by the chairman
of the Committee on the Judiciary--that is to say, the bill would
take the rule of the Supreme Court and put it in the statute and
apply it to women, thereby conferring exceptional privileges; but
that is not my intention at all, and therefore I have proposed
that women shall not be excluded from practicing law, if they are
otherwise qualified, on account of sex, and that is the provision
which I want to send back to the Judiciary Committee.
Mr. GARLAND: I wish to ask one question of the senator from
California. Suppose the court should exclude women, but not on
account of sex, then what is their remedy?
Mr. SARGENT: I do not see any pretense that the court could
exclude them on except on account of sex.
Public-domain text, read in full here on John Shaqi.
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