Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1871-07-13
Are Women Ineligible for Justices
of the Peace.

perform all acts pertaining to such office !?
| Sec01ad: Under the laws of this Com.
monwealth, would oaths and acknowl-
edgements of deeds taken before a mar
ried woman, duly appointed and qualified
as Justice of the Peace, be legal and
valid
| In answer to these questions the JUS
tices send the following:
By the Constitution of the Common
wealth the Office of Justice of the Peace is
judicial Office, and must be exercised by
| the officer in person, and woman,
| whether married or unmarried, cannot be
| appointed to such an office. The laws of
Massachusetts at the time of the adoption
of the Constitution, the whole frame and
purport of the instrument itself, and the
| universal understanding and unbroken
practical construction for the greater part
of a century afterward, all support this
conclusion, and are inconsistent with any
other. 1t follows that if woman should
be formally appointed and commissioned
as Justice of the Peace, she would have
no constitutional or legal authority to ex-
eroise any of the functions appertaining
to that Office. Each of the questions pro-
posed must therefore be respectfully an
IsWered IN tue negative.
REUBEN A. CHAPMAN,
HORACE GRAY, Jr,
JOHN WELLS,
JAMES D. COLT,
SETH AMEs,
MARCUS MORTON,
Judges Supreme Court
| have not before me the Constitution
| g tho CtaIo oF Massachusetts b,,+ - 80 g.; -
| to presume that there is no express pro-
hibition in it, against woman's holding
Office. If it had been so, the Governor
would not have made the nominations.
The reason given by the Supreme Court,
it seems to me, can hardly have the i'm.
portance of anything beyond mere die
tltn. The Office is a judicial one and must
be exercised by the officer in person, and
| therefore a woman, whether married or
unmarried, cannot be appointed to the of,
| fee. Why cannot a woman exercise the
! Office "in person ~ Miss Stevens IL q
lawyer, enjoying large and lucrative
practice. Is she not always in the dis
charge of responsibilities, quite as great
as any that would be added in assuming
the Office of Justice of the Peace2 But
the court fortify the dictum with the Gus
tom under the constitution since the or
ganization of the State. 1 suppose this
same custom, applied with equal force to
free rum before the days of prohibitory
innovation ; and if practice and precedent,
are to prevent all approaches to innova.
ton, how are we to justify the progressive
innovations upon the "atn5r0ken practical
constructions for the greater part of the
past century ?' Am I then wrong in be-
lievng that Gov. Clafin's appointment is
better than the dlctun1 of the court?
And while l am upon this subject, may
ask, is there any objection under our
constitution and laws to a woman's hold
ing the Office of town representative. or,
indeed, any other office to which she may
be elected by the people? In such ex-
animation as I have made, find no legal
barrier in the way. A great deal is said
and admitted of the value and influence
of woman in all our educational and
moral enterprises, that she should be
voter in school district meetings, and
even hold office in school districts A
lady in Bennington, whose name do not
now recall, has held the office of School
Superintendent with great efficiency and
success. But when the question is raised
in our legislature, "Shall women vote in
school district meetings?' we fud but
few ready and willing to take the affrma-
tive.
1t would be going good ways for con-
servative Vermont to accord to women
the right to vote and hold Office in school
districts. 1t would be necessary to au-
thorize the voting by special act, but
while they have the right to hold Office it
would be to our credit to recognize that
right by legislative endorsement.
It is true in Vermont, as in Massachu-
setts, that the "unbroken practical con-
struction and understanding" has been
that women have no legal status or ex-
istence as legislators; but in my judg-
ment this does not preclude their election
to the legislature, and an active and
direct participation as Legislators in the
councils of the State. If I am wrong in
my conclusions, you will correct me.
Your familiarity with the powers of the
constitution will enable you to do this un-
derstandingly.
Granted then that women are eligible
to the Office of town representative, what
town in the State will commission noble
woman to speak to men and among men
for the public concession to and endorse
ment of her right to be heard and re-
cognised as moral, intellectual, and
voting power in the great educational in
terests of the Commonwealth Such a
position in the present state of popu-
lar feeling could hardly be congenial
to any true woman, but trust there are
somo who would make the sacrifice, and
honor a position that could confer no
honor upon her. ....
l am not of those who expect to rev.
volutionize the world by comforting suf
frage on women whether they want it or
not; but am convinced that great good
must come to any Commonwealth which
confers upon women the largest influence
in conducting the moral and educational
enterprises of State.
Rutland, July 5, 1871.
-, -
SHREwsBURY.-The Universalist soci-
ETY. in Shrewsbury have commenced the
repairs on the Union meeting house, at
the Center. They intend to be thorough,
and make the house more fitting place
for the worship of God, at least more at
tractive to the people as place OF wor.
ship. It is much needed work, and may