Women -- Employment -- United States; Women -- Social and moral questions
“Since the announcement of our decision, the applicant has filed a
printed argument, in which her right to a license is earnestly and ably
maintained. Of the qualifications of the applicant we have no doubt, and
we put our decision in writing in order that she, or other persons
interested, may bring the question before the next Legislature.... It is
to be remembered that at the time the statute was enacted [the statute
under which admission was sought, which provided that “no person shall
be permitted to practice as an attorney or counsellor at law,” etc. ED.]
we had, by express provision, adopted the common law of England, and,
with three exceptions, the statutes of that country passed prior to the
fourth year of James the First, so far as they were applicable to our
condition. It is also to be remembered that female attorneys at law were
unknown in England, and a proposition that a woman should enter the
courts of Westminster Hall in that capacity, or as a barrister, would
have created hardly less astonishment than one that she should ascend
the bench of bishops, or be elected to a seat in the House of Commons.
It is to be further remembered that when our act was passed, that school
of reform which claims for women participation in the making and
administering of the laws, had not then arisen, or, if here and there a
writer had advanced such theories, they were regarded rather as abstract
speculations than as an actual basis for action. That God designed the
sexes to occupy different spheres of action, and that it belonged to men
to make, apply, and execute the laws, was regarded as an almost
axiomatic truth. It may have been a radical error, but that this was the
universal belief certainly admits of no denial. A direct participation
in the affairs of government, in even the most elementary form, namely,
the right of suffrage, was not then claimed, and has not yet been
conceded, unless recently, in one of the newly settled territories of
the West.... But it is not merely an immense innovation in our own
usages, as a court, that we are asked to make. This step, if taken by
us, would mean that, in the opinion of this tribunal, every civil office
in this State may be filled by women; that it is in harmony with the
spirit of our constitution and laws that women should be made governors,
judges, and sheriffs. This we are not prepared to hold.... There are
some departments of the legal profession in which woman can
appropriately labor. Whether, on the other hand, to engage in the hot
strifes of the bar, in the presence of the public, and with momentous
verdicts the prizes of the struggle, would not tend to destroy the
deference and delicacy with which it is the pride of our ruder sex to
treat her, is a matter certainly worthy of her consideration. But the
important question is, what effect the presence of women as barristers
in our courts would have upon the administration of justice, and the
Public-domain text, read in full here on John Shaqi.
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