The Sun.
London, England, 1868-09-19 00:00:00

ARE WOMEN " MEN?"

We are not going to discuss here the female franchise
pestion upon its merits or demerits, but we must observe
that the position that the late Reform Act entitles women
to the franchise is utterly untenable. The argument is
founded on the employment of the word " man " in the
Reform Act 1867, where the phrase " male person " was
employed in the Reform Act of 1832. It was suggested,
when the bill was pending, that, since section 4 of the
L3th of Victoria, cap. 21, provides that "in all Acts
words importing the masculine gender shall be deemed to
include females, unless the contrary is expressly pro-
vided," the word " man " would enfranchise women ;
but it was said in reply that, considering the
existing law excluding women, it must be taken as
expressly provided that " man " in this Act should
not include women. Afterwards Mr. Afill raised the issue
)n its merits by moving to substitute " person " for " man,"
the motion being negatived by a large majority. As a
fact, therefore, the intention of the Legislature was cer-
tainly not to enfranchise women under this word " man;"
but it is equally true that, in determining the " intention"
of an Act of Parliament for any judicial purpose, the
proceedings of the Legislature during the progress of the
bill cannot be taken notice of. Vide " The Alexandra
ease," at page 316 of the report), and many other autho-
rities which will be familiar to the legal reader. Indeed, if
this were otherwise the inconvenience would be of the
most ridiculous sort ; the intention or frame of mind of
the hon. member who moved an amendment, and of every
hon. member who voted on it would become material ;
while if the bill were actually drafted by an M.P. it
might be material to know what he was thinking of when
he devised the clause. It is hardly necessary to cite
authorities to shew how statutes are to be construed. The
" intention " must be regarded, and how the intention is
to be arrived at is well expressed in the resolutions in
" Heydou's Case" (Plowden, 205). "For the sure and true
interpretation of all statutes in general, be they penal or
beneficial, restrictive or enlarging of the common law,
Four things are to be discerned and considered :-1. What
was the common law before the making of the Act.
2. What was the mischief against which the common law
did not provide. 3. What remedy the Parliament hath
resolved and appointed to cure the disease of the common-
wealth. 4. The true reason of the remedy." Now, the
" intention " of the late Reform Act, examined by these

tests, were certainly not to enfranchise women, but to ex-
tend the franchise as existing for the other sex. If the 4th
section of the 13th of Victoria, cap. 21, taken with the
word used in the Reform Act, 1867, raises a doubt whether
women are included in the Act, they would thus be ex-
cluded by the " intention." But even supposing it to
be held that under the 13th of Victoria, cap. 21, sec. 4,
the word " man " in the Reform Act must include
women, there would still be this :—The Act confers the
franchise only on "men " " not subject to any legal inca-
pacity ;" and it is an undoubted fact (whether the rationale
of it be morally right or wrong is another matter) that
women have ever been under a legal incapacity to vote in
the election of members to serve in Parliament. When

for several hundred years it has been continuously assumed,
and the assumption acted on, that women are not of
ability to vote, it is not incorrect to say that they are
under a legal incapacity, and assertions to the contrary
merely beg the question. It seems probable that the
subject may be brought before some of the revising bar-
risters ; it is, however, so free from doubt that we can
hardly imagine that any one of them will state a case
upon the point.—Solicitors' Journal.

The Marquis of Bute denies that he has joined the
Roman Church.

The Lancet is in a position to state that since her
sojourn in Switzerland the Queen has greatly improved in
health. The untoward symptoms which cost her Majesty
and her subjects so much uneasiness have yielded to the
fresh mountain air and the change of scone in the most
romantic of European countries.

The senior partner in the celebrated banking house
of Coutts and Co., Mr. Edward Majoribanks, expired yes-
terday morning at the advanced age of 94. The deceased
gentleman was highly esteemed, and in his .own person may
be said to have represented the commercial and bathing ex-
periences of three generations.

The Staffordshire Sentinel contains the following
advertisement :—" Old Church, Hanley. To be let or
sold, a front pew under the organ gallery. Will seat
seven persons, and commands a view of nearly the whole
congregation."
MR. GLADSTONE AND VOTE BY BALLOT.—We
have reason to believe that the statement which has
obtained currency respecting Mr. Gladstone's conversion
to the cause of the ballot has originated in a misconception
of some sentences in which the right hon. gentleman
expressed no more than his sense of the force with which
the case for the ballot had been put in a recent publication.
—Daily News.

IRBIL LEGAL RUMOURS.—It is generally stated
and believed in legal circles that Mr. Warren, the Attor-
ney-General, will be the successor of the lamented Walter
Berwick in the Court of Bankruptcy. Mr. Harrison
steps forward to the Attorney-Generalship, and, it is
understood, is not to seek the representation of Trinity
College, which is reserved for John Thomas Ball, as
Solicitor-General. This latter gentleman, we may remind
the public, is one of the Church Commissioners.—Frce-
man's Journal.

MR. GLADSTONE AND THE IRISH CHURCH.—
Speaking at a meeting at Gorleston, near Great Yar-
mouth, on Thursday evening, Mr. T. Sutton Western,
one of the candidates for East Suffolk, said lie had
recently had an interview with Mr. Gladstone, and he
had asked the right lion, gentleman what he proposed to
do with the revenues of the Irish Church on its disesta-
blishment. Mr. Gladstone declined to state his intentions
at present, but added, " Return me to power, and I will
propose a plan which will, I believe, be acceptable to tha

•
Curt
4- • ') •

HER MAJESTY.

BALMORAL CASTLE, Sept. 17.
The Queen, accompanied by Princess Beatrice,
went yesterday morning to visit the Princess of
Wales at Abergeldie, and in the afternoon drove
out with Princess Christian.

Princess Louise went out driving with the Prin-
cess of Wales.

Their Royal Highnesses the Prince and Princess
of Wales, the Duke of Edinburgh, and Prince
John of Denmark dined with her Majesty last
night.