The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-10-26

had and used the franchise, and that they nave
not been deprived of il BY legislation nor lost
it by non user. The dactun OF Coke ne set
aside as being dictum merely, and as applying
only to freeholders, and not to the case OF an
occupying claimant like the present. Inc legal
position Of women he held to be much stronger
than it is commonly believed to be. The Magma
Charta, the rights of life, liberty and property
are allowed to women, and an act OF farilament
declared that peeresses had the right 10 Dc trleo
by peeresses, as peers by peers. iaAa..on aots
and penal acts were construed to apply 10
women, unless they were expressly excluded;
As to the argument that women had forfeited
by user whatever right they originally pos
sessed, Mr. Anstey pointed out that tho oPpor-
tuuty to make claim had been denied them.
Since the reign OF James l-l6O3-lozo-nos sucn
claim could have been made in a court OF law.
In hat reign, standing order was made by
the House that no application regarding the
privilege of voting Should be brought peiore
any other tribunal than the Legislature ltsel.
That orier was not repealed till August, 1868.
What, then, became of the argument OF non
use1', when Parliament itself prohibited claim
fiom being tried in the courts? Mr.. Anstey
proceed to say that, under the common law,
women were registered as burgesses, 1or they
were liable TO the duties OF watch and ward
The roll of Parliament co:.tained records OF
women being in Parhament-a fact which
have before not seen urged. Still more curious
is the statement that when Mrs. Copley claimed
that she was entitled 10 return member for
borough herself, committee decided that the
constituency was not a close borough. Ii that
lady lad been incapacitated by her sex, the
question would not have been entertained at
all. It was not till after the great rebellion and
the revolution that the female suffrage fell out
of use. But, says our magistrate, there Is not
single decision, not evcu OF the HlGn Sourt
OF Parliament itself, to deprive women OF the
common law right to vote, except in the case OF
freeholdcrs as already mentioned. The often
quoted words OF the Reform act OF 1882, male
persons were disposed of with the remark
also new-that that was used only in the ''ena-
bling" clause of that act not in the disabling"
clauses. Evidently the trainers of that act did
not wish to take away cid rights, however lar
they might go in comforting new ones.''
In the Registration Court of the City of
London, Mr.. SIDNEY SMITH has delivered q
sp sch Of singular ingenuity and research
in i,vor of the claim of LYDIA NopFoRD to
the franchise. Here are o few specimen
facts:
sit is on record that. in the reign of Eliza
beth, Dame Dorothea Pakington, widow OF Sir
John Pakingtop, Knit, voted for two burgesses
to sit for the town OF Aylesbury in Parliament,
the sheriff having previously issued his pre-
cept to her. There is another instance in the
case of the LADY, beg her pardon, the lord OF
the manor of Gatt-voting for members OF Par
lament. In 1879, Sir VIM. Lee, Chief Justice
of the Kings Bench. decided, and the other
learned judges agreed with him, that femme
sole having a freehold might vote for members
OF Parliament and this is the only occasion on
which the question has been raised before the
higher courts. In concluding his argument,
MIR. Smith quoted Things not Generally
Known to the effect that ladies of birth and
quality sat in council with the Saxon witas;
that in the reign of Henry Ill and Edward l,
abbesses were summoned to Parliament; and
that in the thirty y-tfth year of the reign OF Ed
ward III, the Countesses of Norfolk. Ormond,
March, Pembroke, Oxford and Athol, with other
ladies' were compelled to send proxies to Par
lament"
The claim was rejected by the revising
barrister, but he remarked that he was con-
vinced there was very strong arguable
case on technical grounds An appeal was
allowed, and this, with many other cases,
will soon be heard before the Court of Com
mon Pleas, where number of learned gen.
tlemen in musty wigs will decide, every one
of them. against the women.