, 1873-05-09
Judge Bradley, Of the United States
Supreme Court, Gives His
Views on the Myra :. :. :.::
Bradwell Case. : :,
The Recent Notifications Of. the Civil
IL. Status Giving Women Sepa-
rate Legal Existence. -.
The Paramount Destiny and Mis-
sion Of Woman---The Laws
of the Creator. "

pie call it, namely. the application OF Mrs. Myra
Bradwel for admission to the bar in this State,
Judge Bradley. whilst ccncurring in the opinion
OF the majority, declares, in an opinion Of lis
own, dissenting from the reasons assigned by
the majority, his views of the natural differ
enccs between tho sexes. It has not before been
stated but it is true that the late Chief Justice
Chase dissonted from the opinion OF the major
ity of the Court. Judge Bradley's opinion is as
follows:
Opinion Of Mr.: Justice Bradley: concur in tho
Judgment Of the Court in this by which tho judg
nent Of the Supreme Court Of Illinois ia affirmed hut
Tho claim Of the plaintiff, who ia q married WOMAN,
to be admitted to practice an attorney and COUNSEL
orat-aw, is based upon the supposed right Of svery
ployment for a livelihood. Tic Supreme Court Of
illinois denied the application the ground that BY
Laws Of Illinois, only mon wero admitted to the bar,
and the Legislature had not made any change in this
respect but hsd simply provided that no person
eeloz without having r7s7cnly obtained license for
that purpose from two Justices Of tho suprame Court
first obtaining certificate from tho court OF some
county Of his good moral charactor. In other re-
spees # was lett to to discretion Of tie court to e.
bo determined. Tho court however, regarded itself
bound by at 1east two raations. One was that Il
should establish ouch terms Of admission would
promote the proper administration Of JUSTICE and the
other that it shod not admit any persons, Or caas Of
persons, not intended by tho Igisatuse to be admi-
In view o. this latter limitation the court felt
PEELED to deny the application ct females to DO nd
oonarv to a es Of q o one oa ing
usa8es OF Westminster Hall from time mmemorinl, 1t
could not be supposed that the Legislature had intend
ed to adopt any different rule.
The claim thai, under the Fourteenth Amendment Of
tho Constitution, which declares that no State ahan
make or enforce any Law which shall abridge tho priv
au1i m States.
the statute Law Of Illinois, or the common law prevail
ing in TINT State, can no longer be set up IN
sue any lawful employment for livelihood he prao-
tce Of law included assumes that it ts one Of tho
privileges and immunitca Of women as ctizens to en-
gage In any and every p1ofeasion occupation, or en-
ploymeut IN civil hie-
Il certainly cannot be affirmed, historical fact,
damental privileges and tmmunihea Of the sox-
On the contrary the hs. s 1.w aa we
womsns protector md defender: The natural and
mails sex evidently uns i for many of The oesupa~
hons Of civil life. Tho constitution Of the family or
ganizaon, which !. founded in tho divine ordinance,
main and functions Of womanhood. The harmony:
tae f. hsans : sh0oa Sssa
th sss Of eaBBng ID Bs 50 %
this sentiment in the founders OF the common
Law that 1t became maxim Of that system Of Juris-
from her husband, who WAS regarded as her head rep
resentative in the social state; and notwithstanding
recent e taa Hss e 95 s IL f s1 a~p satn
from md dependent upon this cardinal prin-
ciple still exist in full forco in most states.
without her husbands consent, Of making contzacts
whioh shau be binding on hor or him This very in
capacity waa one circumstance which the Supreme
nm nF 4
married woman incompetent fully to perform tho du-
ties and truss that belong to the Office Of an attorney
It Ia tzuo that many women are unmarried and not
effected by any Of the duties, complications, and in
are exceptions to the general rule. The paramount
destiny and mission OF woman arc to fulfil the noble
and benign Offices Of wifo and mother: This is the
law Of the Creator. And the ru1ee Of civil society
must be adapted to the general constution Of hngs,
and cannot lie based upon exceptional cases.
The humane movements OF modern society. which
haye for their object tho multiplication Of for
woman's advancement, and Of occupations adapted to
her condition and sex have my heartest concurrenco
But am not prepared to say that It ia Of her fun
damental rights and privileges to be admitted into
every office aud position, including thoee which To
qure highly epeci2l qualifications and demanding
special responsibilities. In the nature Of: things
it is not citizen OF every age sex, and condl-
ton that is qualified for every calling and position.
It is the prerogative Of the legeator to prescribe
ulations founded nature, reason, and experience
for the due admission Of qualified persons in profess
ns and i r e pe o
State and, in my opinion, in view Of the peculiar
charactesistca, destiny, and miesion Of woman, is
within the province Of tho Legislature to oran whnt
offices positions, and calltngs shall be hled and dis
snd shs receive The & henst Ct these
dzunesa which are presumed to predonninAto in the
Bterner sex.
For these REASONS think that the 1awa Of Illinois
now complained OF not obnoxious to the charge Of
.bridging any Of the privileges and nmunthos Of cit
zeus Of the United States.
1 concur in tho opinion OF Mr. Justice Bradley: