Women -- Employment -- United States; Women -- Social and moral questions
slaves, and for the purpose of benefiting the blacks. But this statute
was not passed for the purpose of benefiting men as distinguished from
women. It grew out of no exigency caused by the relation of the sexes.
Its object was wholly to secure the orderly trial of causes and the
better administration of justice.... We are not to forget that all
statutes are to be construed, as far as possible, in favor of equality
of rights. All restrictions upon human liberty, all claims for special
privileges, are to be regarded as having the presumption of law against
them, and as standing upon their defense, and can be sustained, if at
all by valid legislation, only by the clear expression or clear
implication of the law.
“We have some noteworthy illustrations of the recognition of women as
eligible, or appointable to office under statutes of which the language
is merely general. Thus, women are appointed in all parts of the country
as postmasters. The act of Congress of 1825 was the first one conferring
upon the Postmaster-General the power of appointing postmasters, and it
has remained essentially unchanged to the present time. The language of
the act is, that “the Postmaster-General shall establish post-offices
and appoint postmasters.” Women are not included except in the general
term “postmasters,” a term which seems to imply male persons.... The
same may be said of pension agents. The acts of Congress on the subject
have simply authorized “the President, by and with the advice and
consent of the Senate, to appoint all pension agents, who shall hold
their offices for the term of four years, and shall give bond,” etc. At
the last session of Congress a married woman in Chicago was appointed
for a third term pension agent for the State of Illinois, and the public
papers stated that there was not a single vote against her confirmation
in the Senate. Public opinion is everywhere approving of such
appointments. They promote the public interest, which is benefited by
every legitimate use of individual ability, while mere justice, which is
of interest to all, requires that all have the fullest opportunity for
the exercise of their abilities.... We have had pressed upon us by the
counsel opposed to the applicant, the decisions of the courts of
Massachusetts, Wisconsin, and Illinois, and of the United States Court
of Claims, adverse to such an application. While not prepared to accede
to all the general views expressed in those decisions, we do not think
it necessary to go into a discussion of them, as we regard our statute,
in view of all the considerations affecting its construction, as too
clear to admit of any reasonable question as to the interpretation and
effect which we ought to give it.” (Conn. Supreme Ct. Rep., vol. 1. p.
131).
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