Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1874-12-14
Judge Dickerson's Dissenting Views.

the nature of that oflice the statutes the con-
s.itlttion.
1t is public office with judicial functions which
are clearly within the sphere of womans capacity.
The proficiency which women, in recent times,
have acquired in various departments of industry,
the arts, education, literature, works of bcncvo-
lence, and in some of the learned professions,
vindicac and establish their capacity and fitness to
discharge the simple and well defined duties OF
Justice of the Peace.
The possibilities of woman's nature which have
been disclosed in these new spheres of usefulness,
warrant and demand the extension and multipli-
cation of her opportunities, The ability OF woman
to elicit, quicken and purify the activities of hut
manity is of the most important fact )rs IN
modern civilization; wise craftsmanship and en-
lightened jurisprudence alike seek to enlarge the
scope OF such instrumentalities, without regard to
race, color sex previous condition of Setstuie,
either of race or sec.
BY ancient usage women were regarded as inte-
1ior beings, and treated as the servants or slaves
Of men; married women were subject to personal
chastiscment from then husbands without any az
cquate right of address; the church denied all wo-
men the right of speech in the sanctuary and even
the common law gave the husband the wife's per
sonal property upon marriage, and also that which
should subsequently fall to her during coverture ;
her legal identity became merged IN her husband,
so that in fact her person, property earnings and
children belonged to him; the husband and wife
were one and the husband was the one. Even
at the present time there is but one state in the
Union in which the wife living with her husband
has equal right to their children with him. But
thanks to an advancing civilization, by usage OF
law some of these relics of a less enlightened age
have been swept away, and women III a far great
er and more Just degree have come to be esteemed
as the peers of men in both capacity and right.
10 deny to women the right 10 hold office upon
the ground of usage would be to set back the
clock Of time and substitute reaction for progress.
This, however, is not merely question CT
usage but Of constitutional right. The exclusion
of one-haf of the people Of the State from par
tcipation in the administration of the laws by the
dominant Lalf, however long continued, neither
implies nor confers the ight to enforce such eX
cluson. A usage originating IN contraventlon OF
the constitution docs not become obligatory by
lapse of time. The constitution and rot usage is the
touchstone of civil and political rights.
The statutes relating to Justices of the Peace
for the most part refer their powers, duties and
jurisdiction. Whoever legally holds that office, be
it man or woman, is entitled to exercise the jnris-
dction ard powers, and to discharge the duties ap-
pertaining thereto.
The disability of women 10 hold office, if any
there is, arises from some express provision OF the
constitution, some necessary implication
Mer.from. The constitution does not, in terms ere
ate such disability, nor does THY implication. No
adverse implication in this respect arises
from the use, in the constitution, of words import
ing the male sex and not the female sex, that does
not also lie against tne claim OF women to the nat
ural rights pi edcated ia terms only of men by
sections one, three and six Of the declaration of
rights. If women ineligible to Office for this
reason they are also denied the rights of enjoying
and defending life, liberty AID property, OF reg-
ous freedom, and the right to be heard by them
selves or counsel in criminal prosecutions.
Such construction is not only unreasonable,
but it is contrary to the meaning ofthe word linen"
as used in the constitution. The priv AIRY signifca
ton of the word man Is a human being. 1t is used
in generic sense to denote the human race, incud-
ing both sexes. 1t is only by giving the word
"men' this Specification that women have any
rights under the constitution, that men are bound
to respect. The word linen, found in the constitu
tion is synonymous with people and persons"
and includes all persons, as well women as men.
The implications of the constitution are in har-
mony with this construction. The objects and
purposes of its establishment as set forth in the
preamble, as applicable and necessary for women
as men, and the rights enumerated lii the decara-
ton ofrghts are affirmed of both women and meD
The words citizens and "people$ found in the
constitution, are synonymous. w omen are citizens
under the constitution, no less than men. The
language of the clause regulating suffrage, "every
male citizens Of the United States" implies that
there citizens than male citizens. The word
male is used in contradistction from the word fe-
male to show that male citizens only, and not fe
male citizens, are qualified electors OF the offices
named
Previous to the decision of the Supreme Court
of the United States in the bred Scott case, the
constitution Of the United States did not define
A majority of the court in that case say that "he
words people and Citizens describe the political
body, who, according TO our republican institu
tions form the sovereignty and who hold the pow
er and control the government through their rep
resentatives. This definition makes the qualified
voters Of the country alone citizens of the United
States, and the sole constituent members of the
national sovereignty, and also places not only
persons of African descent but white women,
too, without the pale of citizenship.
nt,t .hn
sitution of the United States, article one,
which was evoked by that decision, abrogates
and annuls that definition, by declaring
that "all persons born OR naturalized in
the United States and subject to the jurisdiction
thereof, are citizens of the United States and of
the state wherein they reside
Women are thus made citizens by the supreme
law of the land, and as such entitled to all the
rights, privileges and immunties predicated of
"citizens, and Its synonym, people, in the con-
stitution which are not therein specifically denied
to thcm and we have seen that eligibility to Of
fee is not of that number. 1t should not be for
gotten that we live under the fourteen amend
ment, and not under the bred Scott decision if
we would avoid falling into the error of following
the dictum in that case instead of obeying the
supreme law Of the land.
If, by the common law, women are Ineligible to
the office of Justice of the Peace, by the common
law also, married women have no right to make
contracts, or control their personal property dur
nesses; and yet | am not aware that any court has
held, any jurst maintained that our statutes re-
moving such disabilities are unconstitutional be-
cause they conflict with the common law. More
over, if the rules of the common law prevent
women from holding the Office of Justice of the
Peace, they also preclude the legislature from the
right to alter or amend the jurisdiction and pow
ers of such officers which are also derived from
The common law Thus, the fallacy of the argu-
ment against the right Of women to hold office,
because Of the rules of the common law mi ht
be shown in numberless instances
II by no means follows that women are inelgi-
bic TO the office in question, because by the act of
separation they were not permitted to take part in
the formation OF the constitution and by the or
ganic law itself, were excluded from voting upon
It's adoption. have always understood, and still
understand that the convention that formed the
constitution of this State was - independent body
and perfectly free to prepare framework of gov
ornment upon broader and more liberal basis
than that Of the parent commonwealth, though it
should provide for woman suffrage, and allow the
eligibility of women to office. They did not do
the former, and whether not they did the latter,
depends upon the constitution they framed, and
not upon the government which that superseded, or
the act or manner Of separation.
The constitution restricts the right of suffrage
to male citizens, but does not contne eligibility to
flee to males. In the one case words importing
sexual qualification inserted in the constitu-