Women -- Suffrage -- History; Women -- Suffrage -- United States -- History; Women's rights -- History; Women's rights -- United States -- History
_Mr. President_--I understand the brief statement which was made,
I think, during this last session by the majority of the
Judiciary Committee in support of their opposition to this bill,
did not disclose that the majority of that committee were opposed
to permitting women to engage in the practice of law or to be
admitted to practice it in the Supreme Court of the United
States, but the point they made, was that the legislation of the
United States left to the Supreme Court the power of determining
by rule who should be admitted to practice before that tribunal,
and that we ought not by legislation to undertake to interfere
with its rules. Now, with the greatest respect for that tribunal,
I conceive that the law-making and not the law-expounding power
in this government ought to determine the question what class of
citizens shall be clothed with the office of the advocate. I
believe that leaving to the Supreme Court by rule to determine
the qualifications or disqualifications of attorneys and
counselors in that court is an exception to the nearly uniform
policy of the States of the Union. Would it be tolerated if the
Supreme Court undertook by rule to establish any other
disqualification, any of those disqualifications which have
existed in regard to holding any other office in the country?
Suppose the court were of the opinion we had been too fast in
relieving persons who took part in the late rebellion from their
disabilities, and that it would not admit persons who had so
taken part to practice before the Supreme Court; is there any
doubt that congress would at once interfere? Suppose the Supreme
Court were of opinion that the people of the United States had
erred in the amendment which had removed the disqualification
from colored persons and declined to admit such persons to
practice in that court; is there any doubt that congress would
interfere and would deem it a fit occasion for the exercise of
the law-making power?
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