The Republican journal., 1874-12-17
Women as justices of the Peace,

4ualhtu is Il Justice OF the Peace. legally per-
FORM all acts pertaining to such Officer
Second. Would it be competent for the LegiS-
azure TO authorize the appointment OF Il mar
lled or unmarried woman to The office of JUS
tiee OF the Peace or to administer oaths, take
acknowledgements OF deeds or >olemnize mar
rages. so thai the same shall be legal and valid
Responses to these inquiries have been
received by the Governor The opinion
OF the court is drawn by Chief Justice
Appleton. and concurred in by justices
Cutting, Peters. Danforth and Virgin.
Justices Walton and Barrows unite in a
dissenting opinion, and Justice Dickerson
also presents his views in Il dissenting
opinion. The following IS the opinion Of
the court
10 the questions proposed we haye the honor
to answer as follows
neither it is eNpedient that women should
bold the Office Of Justice OF the Peace is not an
inquiry proposed for our consideration. Ii is
whether, under the existing constitution, they
can be appointed to such office. and can legally
discharge its duties
By the constitution ofMassichusettS. of which
we formerly cons tituted Il portion, the entire
political power Of that Commonwealth was
vested. under certain conditions. in its male in
haDltants of Il prescribed AGE. They alone. and
70 the exclusion of the other sex. As determined
by us highest court Of law. could exercise the
luuiclai functions A. existing and established bv
that instrument.
BY the act relating to the separation Of the
District of Maine nom Ni.,.ea,bnsrftS th. an.
thorty u determine upon the question Of SEP
aTaIlon, And ~ elect delegates to meet and form
constitution was conferred upon the "inhabi-
lions IN The p.f1.icr Of Maine nIaItaJ - ,Nt
far Governor a., senator. TIM WIN ann, ~
lr!nMe sex from All participation in the torma-
tlou OF The government under it, Whether the
constitution should or should not be adopted,
=
-nee, submitted To The >0I,..,f lai,. III ,tit.nt
'' y me f, 9.4's T., ,es, ,,o+ ,n,ftr,o ,
Stte Vas H. ,vor ar Il. MIN ,;ti,"n VI ' II
vas ordained established. and ratified l,v them,
tlone BY il the powers of government We're
ti inso lhTee distinct ,dgparmens: Legs
.rrrion % ! p lI 10y anolrL o.
81, Judicial officers.
BY tie constitution. the v hole political power
Of the State i vested in its male citizens. When
II III wv ~ ~ i'rot >IpAS, reltreliee = mac
bv MAE rmberl of the connnn 1'iI Hof liz"
in the language Of the constitution or in the de-
nif4s INV r1S h,,roI - az ~,
der ri relitic;l mower Ly tbosa Who Ind rlraIi-
u,slv enioved II or Transfer of The s,na n
rho.a VI No ha3 ,,.va,. ,,,so--ol Il III ,,,,.
,ach design then cyi,ted we rannof donhr +bat
il would have been made manifest in ittino and
un1lrauri1t5 laupIIaoe Rut .uch intenti1n *
nowhere, disclosed. HAVING REGARD tLn,, ia tl1n
rules of the common Inv .u To- me ,;.r;1+ ~
women. married ,15 unn,4rTii AZ tben avist
lng-tothp history of the l,asl-to rne ,nivers.,l
ana unbrokeu practical construction oiven 70
the constitution of this STAFF ,n,I 10 tba of the
commonwealth or Massachusetts ruon which
that If th, state was modelled, we are led to
The inevitable conclusion that it was never in
the concentration or intention of fno>e FORMING
cur Go4stuti9g that the offices thereby created
n2 ~ i 9e ~ nose "o could lake no part
tca Dover WAS ntrnsted @ fo the III lia m pc,
of the government lien about to lie establisbgd
under its provisions or for its continued exist
eNT nee anu preservation when established
sanatio St IKE process o., rea5Gnng Mleh Would
men under the constitmTion woi,ld qnrboi|o fbe
giving them executive power by making them
sheriff, md Major Generals.
mie lne t 9fes enacted 3y lhf tonstfq-
members q the State. We have Ito doubt that
~ 11N.tA