Women -- Suffrage -- History; Women -- Suffrage -- United States -- History; Women's rights -- History; Women's rights -- United States -- History
Mr. GARLAND: If I recollect the rule of the Supreme Court in
regard to the admission of practitioners (and I had to appear
there twice to present my claim before I could carry on my
profession in that court), I do not think any legislation is
necessary to aid them by giving them any more access to that
court than they have at present under the rules of the Supreme
Court.
Mr. SARGENT: I believe if the laws now existing were properly
construed (of course I speak with all deference to the Supreme
Court, but I express the opinion) they would be admitted, but
unfortunately the court does not take that view of it, and it
will wait for legislation. I purpose that the legislation shall
follow. If there is anything in principle why this privilege
should not be granted to women who are otherwise qualified, then
let the bill be defeated on that ground; but I say there is no
difference in principle whatever, not the slightest. There is no
reason because a citizen of the United States is a woman that she
should be deprived of her rights as a citizen, and these are
rights of a citizen. She has the same right to life, liberty and
the pursuit of happiness and employment, commensurate with her
capacities, as a man has; and, as to the question of capacity,
the history of the world shows from Queen Elizabeth and Queen
Isabella down to Madame Dudevant and Mrs. Stowe, that capacity is
not a question of sex.
Mr. MCDONALD: I have simply to say, Mr. President, that a number
of States and territories have authorized the admission of women
to the legal profession, and they have become members of the bar
of the highest courts of judicature. It may very frequently
occur, and has in some instances I believe really occurred, that
cases in which they have been thus employed have been brought to
the Supreme Court of the United States. To have the door closed
against them when the cause is brought here, not by them, or when
in the prosecution of the suits of their clients they find it
necessary to come here, seems to me entirely unjust. I therefore
favor the bill with the amendment. The proposed amendment is
perhaps better because it does away with any tendency to
discrimination in regard to the admissibility of women to
practice in the Supreme Court.
The PRESIDING OFFICER: The senator from California moves that the
bill be recommitted to the Committee on Judiciary.
Mr. SARGENT: I have the promise of the chairman of the committee
that the bill will soon be reported back, and therefore I am
willing that it go to the committee, and I make the motion that
it be recommitted. [The motion was agreed to.]
Mr. SARGENT: I ask that the amendment which I propose be printed.
The PRESIDING OFFICER: The order to print will be made.
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