The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-20

Shah Females Be Admitted to the Bar % Prae.
tsing Attorneys i-ssnator Carpenter, Arguing
for the Applicant, Implies that Women Can 10
Admitted Under tho Constituticn-Th
Employment in Cases Matter Of
Confederation for Clients Hav-
ing Causes in the Courts.


-.asf ... ~ WASHINGTON, Jan. 10, ls72
No 81. Myra Bardwen vs. The State OF Illinois
Error TO the Supreme Court Of nlinois.-The plain
til In error Is married woman, citizen OF Illinois,
and the editress OF the Chicago Lepa, Netcs. she
applied TO the Supreme Court OF Illinois for
admisdenS TO practice as an attorney ana
counsellorat.law. The Court refused her
applioastous although conceding her sample
qualincation,n on the ground that being
marrted woman, she would not be liable on con-
tract, express or implied, between her and her
client From this decision the case came here.
whore It 10 argued by senator Carpenter for the
applicant the Slate not thinking it worth wnie to
retain counsel In the matter. 80 - -. -
ter SopS 70 y EnTps ac
question q the right Of female citizens to partci
this point he sald:-The great problem Of female
Suffrage the solution OF which lies in the Immediate
sMs ss ~ s %
question relating TO the civi rights OF women and
T. seems to be learsd mat doing Justice to womens
Dy the establishment OF the right OF female
,sSGrsga on Which It - assumed would over
While I do not believe that female Suffrage has
constitution Of tho United states, neisher do TlooS
upon that result as az all to be dreaded. II Is not
Cod crsaseS man Rs O. tne
ssa ws 10 n liz Sep
mate ma and companion Commencing with
peyins through the nations to the D bright right
light o. CIVILIZATION IN the West WIN everywhere
woman WITH men IN the enjoyment Of social and
civil rights ana privileges, both sexes are proper
nObIes human nature In our Country where Women
are received on an equality with men, we ind good
%S%sn ane SS sna
be, ana are. Conducted with order and deconoy. -
Tn0 only great resorts from which woman Is
excluded BY law are the election places; and the
Violence r0wdyism, profanity and obscenity Of the
drive decent men even away from the polls II our
wives. sisters and daughters were gong to the
would 30 observed or row would follow, which
would secure order IN the future. have more faith
zion system in the large oities than nave in the
penal electloR laws to oe enforced by soldiers and
60 seats in Congress Of upon the bench, or were
participating m discussions at the bar SUCH pro-
SSssdings would thereby be rendered less refined
But whether women Should be admitted to the
right Of suffrage Is one thing; whether this end has
MI: Carpenter proceeds to dedne the dnerence be-
tweeR the privileges and immunltles OF a citizen.
ana nat the anS een
amendments have settled the question against the
70 recognize the distinction, before claimed. be-.
tween privileges and lmmunites' and the Fight to
OF the fourteenth amendment recognizes the right
81 power . q ,, state 70 exclude portion
VOTE from which it follows that the right to vote
Y not one Of the privileges or immuntes which
inc 1fss secGca declares snail not be abridged by
terentialy denied by that provision or the second
section which provides that where State snail
bssls OF representation therein shall be reduced in
the proportion which the number Of such male citl-
In such State.n The exclusion OF female mhaDi. |
tanta and infants under the aye Of years.
tatlon IN such state. And again, when q State
does exclude portion Of its male Inhabitants. &c,
suoh excluded males bears to inc number Of per.
sIn the proportton which the number OF such lex.
oluded) male citizens shal bear to the wnoe num-
sSoS ssae This provision assumes that females
are no part q the voting population Of State.
The ssrs nh ,sS. n6 mt = equally decisive
Exclude portion ortts citizens from the right to
VOTE snd OILY nsrrows tn, right n isvor Of par
that power SO far as to provide that citizens shall
81
these amendments voting is not treated as or de.
ended TO % nor recognized as included IN the prv
!eges Or tmmunisies Of citizen which no State can
Upon tho question Of the right Of the applicant Is
be admitted to the bar OF Illinois 1t Is commended
that ike the cooted citizen, she 10 entitled under
the constitution Is amended, TO practice any trade,
profession or pursuit which Is open to any citizen
OF the United states. This right falls among the
abrtdge The provision that no state shall make or
enforce any law which shall abridge the privileges
or mmunities OF citizen opens ali the PROFESSIONS
all the avOcati0ns, all the methods by Which man
may pursue happiness, to the oolored well as the
white man; and II It protects the cOored citizen,
then 1t protects every Citizen black or white male
or female The fourteenth amendment opens to
every citizen OF the United states, without dis
ttnOtion oil color or sex, married single (rorHhe
amendment sweeps away the provisions or the
common law as It does the provisions OF State
constitutions and statutes), the honorable PROBES.
sions as well as the servlle emp0yments of lie and
no cittzen can be excluded from any one OF
them. Intelligence, integrity and honor are the
only qualifications that can DO prescribed as con.
ditlons precedent to an entry upon any honorable
pursuit or profitable avOcatl0ns; ana all the prlvi-
Ieges ana immunittes which are enjoyable by the
cO0red citizens are the right OF our mothers our SIS
undoubtedly have their influence and be considered
by every client desiring to employ counsel There may
IS cases ID which client's rights can op!y SS se:
cuerQ by the rough qualities possessed by men.
There are many cases In which the telling sympathy
And silver voice OF women will accomplish more than
the severity and eternness Of will achieve. OF
= bar composed OF men and women OF equal nteg-
fity and learning women might be more less fire.
Quontly retained, as the taste or the judgment OF
the clients might dictate. But tho broad shield OF
the constitution over them all, and protects each
IN that measure OF success which his or her indl-
Vldual merits may secure.
THE ST. JOHNS COLLEGE SENSATION.