, 1873-05-11
woMANs RIGHT TO PRACTICE LAW.

tiona1 interest, in q separate opinion submitted
By Justice Bradley, Of the United States Supreme
Bench, in which ho is Joined by Justice Field,
The supreme Court of Illinois had decided that
Hrs. Myra Dradweu was not eligible to admission
| to practice law on account Of hor Eex. It was
held that only men were admitted to tho bar un-
| dor the PRACTICES OF tho Common Law, and that
the Legislature Of Illinois had not made any
| change in this respect. It had been ordered by
| the Legislature simply TINT no person should be
entitled to Practice in the Courts OF Illinois with
out first obtaining tiacato Of good character
from County Court and license from two Jus
tices OF the Supreme Court. This was held to be
no modification Of the rules and precedcnts Of the
Common Law, but rather 4 comnlittal Of the right
Of practice into the hands of the Courts for de-
| termination according to the usages previously
in vogue. II the Legislature had intended that
women should be admitted to the bar in illinois,
| contrary to the PRACTICES Of the Common Law, it
would hare expressly stipulated as much. It
was for this reason that the Supreme Court Of
Illinois denied Mrs. Bradwe1l's petition. Mrs.
Bradwa1l then appealed to the United States Su-
preme Court, which affirmed the Judgment of
the Supreme Court Of this State, holding that
the Fourteenth Amendment to the Constitution
does not authorize the Federal Goyernment. to
interfere with the State Governments in regulat-
ing the affairs and prescribing the duties Of cti-
zens in matters belonging; strictly to
t1a al lint
laws Of Illinois in this particular case
do not abridge any Of the privileges aud imuu-
mites Of citizens Of the United States. Justice
Bradley concurs in this decision, but giyes df-
ferent reasons from those specified in the major
ity opinion: Of the Court. -.
It is evident from this separate opinion that
Justices Bradley and Field cling to the old idca
OF woman's sphere in life, and believe it to be the
duty Of Government to sustain rather than n1ter
the relations Of tho sexes as they havo existed in
past times. They evidently believe, also, that
the ideas Of the female progreasionists are dan
ge1ous to the welfare Of the family organiza-
ton, and that they should be opposed at every
step which overreaches tho boundaries Of
practices Of ages. They do not On this account,
oppose the effort to increase the number Of .ayo-
cations which women are adapted by nature to
participate in, and to enIargo the scope Of em-
ployment which will enable those who must
work for their living to secure equal chances
and fair remuneration. But this does not imply
that woman should be admitted into every Office
and position, or that sox should cease to DO q
point Of distinction in the division Of this
worlds labor and duties, It is not every citizen,
no mattor whnt his age or condition may be,
that is entitled to every calling which he would
like to assume. There are various qualifications
and disqua1ifcations which act "a recommcn-
dations or objections. Lava Of nature should
receive consideration, as vol as peculiarities OF
education, accidents Of birth, differences in Ian
guage character, and age. Nature has provided
special mission for woman. Her destiny, al
though she may occasionally miss it through no
fault of her Own, is that Of . wife and
mother. The civil Inv has recognized this,
and has shaped society SO as to pre-
serve the sanctity Of the domestic circle,
relieve women OF the duties Of public |
life, provide for their protection, hold husbands
for their support and, in many other
ways, it has been modelled on the distinct lines !
Of duty which nnture has marked out for the
two sexes. Justice Bradley believes. therefore, |
that it is the duty Of the civil authorities to re-
gard the difference between tho sexes as one Of
he uffa +bo
qualification Of persons for cortain callings in
|ife.- He holds that public service is one of the
Rvocations from which women: should be barred,
~ they could not enter upon it without jeopar-.
aizing the fundamental relations Of the married
life, tho duties Of the domestic circle tho roar.
ng OF children, and the other important missions
which woman must fill in the organization
IT society. Public service. and the cx-
actions. Of profession like that Of Law. j
which is itself quasi public SERVICE. involve
1uties and responsibilities which, if rightly per-
FoTmed, would leave them no time to care for:
heir part Of the worlds progress and the worlds
good. OF COURSE, there aro women who will
never assume the datios Of womanhood, wife
1ood, and motherhood, and who might be nd
nittcd to callings in life where they would: be
Useful, without detracting from the general re-
popsibiity aud duty Of the sex. But laws aud
:ustoms cannot be based upon exceptional cases.
They must follow nature and the experience Of
!gos-; The exceptional cases, like those Of tho
ualo acx, must take care Of themselves as best
hey may. - II
There WIS one point made by the Supreme
'ourt Of Illinois at the time of its decision in the
1yra Bradwel case, and prominently brought
ut by Justice Bradley, which would not hold in
his State under the later statutes and construc-
ons- This is that woman has no legal e1-
stence separate from her husband, and can
lake no contracts that shall be binding on her
r him. This was held to be important in rem
ering . woman incompetent to perform the
uties and assume the trusts Of attorney and
But it can no longer be cited
Illinois rs bar to WOMAN in nny] business or