New-York tribune., 1871-07-03
UOMEN INELIGIBLE FOR JUSTICES OF THE
PEACE.
DECISION OF THE MASSACHUSETTS SUPREME
| COURT.

COURT.
BosToN. July 1.-One of the Woman Suffrage
problems in this state has been solved by the Supreme
Court and the decision will doubt make the six gem
tlenen on that bench shining mark" in the future
speeches OF the advocates OF WOmen's Rights The ap
pontment Of female justices in one or more Western
and in Maine caused few applications from women
IN this State and, consequently, few weeks ago. Gov
Ca1in nominated Mrs. Julia Ward Howe OF Boston and
Miss Mary +. Stevens of Cambridge at Council meet
ing thereby creating quite stir IN the circles OF the op
ponents Of Woman Suffrage and a lively discussion
among many legal gentlemen. Mrs. Julia Ward Howe
who is understood not TO have applied
for the honor, is well known all over the
country and her ability thinker and speaker Is
universally recognized and appreciated The other ady
s not so well known to the general public. Miss stevens
was for years clerk in the office OF the Register OF
Deeds at East Cambridge, position which she filed
very credtably She lately, in connection with her
father begun the practice Of conveyaneing in Boston,
and il was urged that the appointment would have been
convenient her. she might have been able TO take
the acknowledgment OF deeds as other eonveyaneers do
she bears an excellent reputation, is fne-ookng lady
and is in every respect qualified for the position save the
objection Of her sex OF the latter remark also
applies TO Mrs. Howe After consideration OF the mat
ter IL was deemed advisable TO the opinion Of the
supreme Court on the question OF eligibility, and after
three weeks deberaton that Court has settled the
question, and the appointments will probably not be
confirmed The inquiry Of the Council was IN the form
OF the following order:
Ordered That the opinion OF the Supreme Judicial
Court be requested a. To the following questons
First: Under the Constitution OF this Commonwealth
can a woman, IL duly appointed a Justice OF the Peace
legally perform all acta pertaining 10 such office
Second. Under the laws OF this Commonwealth, would
oaths and acknowledgements OF deeds taken before
married or unmarried wOnaD duly appointed and quail
ned as a Justice Of the Peace, be legal and valid!
In answer these questions the Justices send the fol-
ing:
BY the Constitution OF the Commonwealth the Office ot
Justice OF the Peace s judicial Office and must be exer
cised by the officer Ia person, and woman Whether
married or unmarried cannot oe appointed 70 sush an
office. The laws of Massachusetts, at the time OF the
adoption the Constitution the whole frame and pur
port of the instrument ITSELF and the universal under
standing and unbroken practical construction Tor the
greater part century aferwRrd all support this
cluson and inconsistent with any other IL follows
that II a woman should he formally appointed and com
mssiOned as Justice OF the Peace, she would have no
legal authority 10 exercise OF the
functions apperainug 10 that Office. Each of the ques
tl0ns proposed therefore be respectfully answered
In the negative
REUBEN A. CHAPMAN, JAMES ID. COLI.
HORACE GRAY Jr., SEFd AuLs
JoHS WILLS, MARCUS MORTON
judges Slpfvic, to"h