Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1874-12-24

usefulness. warrant md dem nd the extern
NJ =. AID multiplication of her opportuait
! me soi'ts OF woman to elicit. quicken and
purify tbs nc. iyifies Of humanity Is ole Of the
mo>i tnpormn, factors In modern cviiiz ,tion
/ ni>e " itrsm1ns lin and enlighte led jurispru
nchce u lac seek To enar y the scope OF such
'n,trum snta tiles. wit ,out regard 10 race. ~
J or, -eN or previous condition of servtude,
eilher OF race SIX.
Bs ancie mt u-age women Wee regarded a.
( mi riir beings. an treated A. the servants or
slaves II men; married womeu were subject
7" personal CHI i>tis ment IL IN their husbands
without any adequate Iifht Of ID es.: the
church denied all women the right OF speech
in the sanctuary: and even the common law
gave the husband all the sife's perso IA! prop
eds upon marriage. and. aso. that which
shouu subsequently Ia 10 her curing cover
! turt: her legal identity became merge ! In Ter
husband. 50 that in fact her persol. property.
rasnfnSs aud children belonged t. him: the
hus) ND anu wife were one, and the husband
was the one. Even Mt the present time there
i buf one State in tins Uuion In which tie
wife living with her husband has equal right
To their chi dren with HIN But, thank, 10
an advancing ciyiliz tiion, by USAGE or law =,
some of these relics of less enlightened age
have been swept away. aud women in u f,r
greater aQd more just degree have conn to b.
esteemed a. the peers Of men in both capacity
aud right. To drny to wo men the rgnt to
hold office upon the ground ~ ne would be
To set back the ocA OF time, and substitute
reacii IN iur prog ess.
1 us. h +wever, j. not merely ques ion of
usage bur OF con~ti utional right TIE exc IL
sion Of onc-hal of the people IL the State from
participation IN the aIninlstrlt on uf the laws
10y the dominant half. however long continued.
neither implies nor confers the right to enforce
such exclusion. Au-age originate < IN Goa
traNen ION Of ths constitution doe. not be-
CO lie Oh igaory by lapse OF time. The con-
-uiutiou aud not usage i the tDuch>tone Of
ell and political rights.
The statutes relating t. Justices Of III,
Peace. Tor the most part, refrt 10 their pow
err, duties and juri- iict on. Whoever legally
no d> that Office, be i, man or women. /, en-
utlcd 10 exercise the jurisdiction and power>.
ana TO discharge the dutic, appert siniu;
thereto.
Tao disability of women 10 hold office. ii
any there j., arises from some eNpr'~, pr =
vision Of the n,,i,ution, or some ucces AIRY
imp icIiton there from. The crn>t tuition does
nos. III terms. create such di~ab ,lity. nor does
u 10y impic iton. No adverse implication in
tht> Respect arise. fro n the u-e. la the cpn>,i-
tutioh, oi words importing The IN he sex aud
not the femil sex. that doe, not also lie
against he Ella ms Of WON II to the mural
rish predicted in terms OILY OF ''men." by
sections one. three aud six ut tho Il ~ arat!ou
~ rights. IL wo Den are Ineligible to fii e. To-
tins rca-oD. they are also denied the right OF
enjoying and defending life. liberty ami pra,-
crty az religions freedom and the fiSht tn he
heard by tbcms' I've, or counsel IN GRIMM
prose uiion..
such 4 con .iruciipn /. not onlv unrea .ona-
bic. but u j. CONTRARY to the meaning Of the
word ''n"I" used In the constitution Tn.
primary >ignitcatipn a the wor,t man i. hl-
NAN bein4. IL Use IN generic sense 20
d"n'i' - human race. iuclud.ns sotb sexes.
II i only by n / ~ the word men" thi, sis-
uih alton thHl women have any nights uud
III" constitution. ti.at men are bound 10 re-
spc't. The So i men," found IN tn cpu-ti-
tuition, i synonymous with ''pep ne" aal
"ier>ons.' and iIclnjes al persons, rs wei
women mn.
harmony with this construction. The obi cts
am purP'- 81 IL e. ab i-hment. "A, set fsrth
20 the preamble. are ~ App ic'hr an uccr--
>'ry Tor women A. men. and the rights emu H.
Grated tn. u cltrttipn OF right, are affirmed
ut h1tl wOmeI and meu.
The wor j. "ci;iz NJ and people" found
IN the constitution. are ~Nnpn, N III Women
arr C.tizcn, uader the constitution no los
than men. The Ia qua e u the 81 ,u,c r,su-
lattng suirragr, "ey. ri u,qis citizen OF The
United sta cs." imp ie- thu there are other
citizens than male citizens. The WORT NAB J..
u-ed in coBtradi.tinction from the word e.
mile TO show that male citizens only, and not
female citizens are qualified e.cctor, Of the Of
fees named.
Previous 10 the decision OF the supreme
Court Of the United State, "a tn Drri scott
chs-, the constitution u thu Unitcd stats did
not j. fins the meaning 81 the word citizen.
\ m joriiy OF the court IN that ca.c sav that
"ths word. people auI citizens d.,-r!br the
political body. VINO. a cor,lins t. our rruupl,-
eau tn-titut ons from he -1N-rriguiY aud vi 10
hold the power and control tn Eps. rnmrut
through their representatives" Thi- 4 iiu-
ton make. the qualified voters u D. country
Hlon- CITIZEN. Of tho Unit i state. aaI The
soc constituent member. u the national SOW
crrignty. and also. plac not oul, p-isn4~ of
African da~ccut but " bite w1mru. tlo. will
out the pale of citir n.hp.
But The fourteenth am udm-ut of t1s eln-
.titition Of the tntri ~f4ts. 4rrt.I. on.
W hch was evoked by that decision. a,ro-a,,.
and anuuis this, j iini,ion. by a-claring that
an p.I'9a. born r.. o. ua,gtal,s,.i - -, TODD
otaic- WHEREIN they r. u r
y x nrn arr ilI. nads citizen. Nv al, IL
irrmr iaw u Tn Land. aud a. -u-h az. entitled
u the riGht.. priytcE- and tuuunftt..
pfediratet Of "riiikrn.." ami IL -yaan.uu.
people In fhs cIn<litufiYu with 80 -,
therein spcciucAliy denied O., them. ana -.
have seen that eligibility 10 oiii ~ l.. ma ~ 4,
number. IL .hou u not d. tsrEpfeu thst ~
1--we under the fJu-trrnth amruIneAt apIn.,
under the Drrd scott decision u ". would
avoid falling into thu error oi io.IlNin. fl.
d'eium in that cA'c Instead Oi otrvius the ~
pt sfuc law Of the land
III, by the common law, women Az. iu-.tgi
Die to the oflicr uI Justice 81 the Peace. Lv ~
"'lhmoh law also. married women have No.
TiShi 10 make Cuntr att. or control their Y.r-
,onal opvfty during cosc-t4rr, and u. i,-.
are not competent vii 4r~sc-: ami VT Am n d
aware that any court has hrll. or auv mist
main aimed thai our statutes removing "a h
ui>AoIltes are Unconstitutional br1.u,c they
'ohhlct win The common law. Moreover, Il /
the rules Of the common law pr.yrut women I
nom holding the oilier Of Ju.tl. OF the i',. &c.
they also preclude the i-st.lture from tb,. 7
flSit 10 alter or amend the Jurisdiction and I
powers ~ -uch officers which are also derived Z
from tue common iaw. Thus, tn ftllacv ol 4
the ARGUMENT against the right OF WON n 10 1
hoid Office, because Of The Iuies of h. common /
Jaw, might be shown i'll numbeTc.. Instance,
IL 10y NJ means follows that women are iu- /
-usio!e 10 TIE Office IN question, because by the /
~ oi separation they we're not permitted To
lake part III the formation of the constitution
ind by the organic law itself, were excluded
rom voting upon lis adoption. have AWAY.
indcratoOd, and still understand that th. con
!. enuoh 'hat formed tue constitution OF thi,
state was an independent body. aud perfectly
rec 10 prepare atrame-worA Of government |
ipoh broader and more liberal basis than
hat OF the parent commonwealth, though IL /
mould provide Tor woman suffrage anil allow |
ne eligibility Of women TO nifi4. Trey diI |
lot do the former, and wether or not they iii
ne latter, depends upon the constitution they
rA'ned, aud not upon the government which
nat superseded, or the act or manner of ,eul-
alton. -
The constitution restricts the RIGHT of .,,tr-,,,
. male citizens, but does not counne eliaibilifv
, Onice 10 males. 1 / the one case word, i'm
ortlng a sexual qualification are inserted i'm
le constitution; III toe other they arr. omitted
ms distinction - of great Significance a. il
Rows that the trainers OF the constitution Mac
u eligibility to office upon broader basis !
Van suffrage; else they would have expressly
estricted II within the same limits, when their Z
FAnilon was called to that subject To Gold |
1st these rights are cot Extensive j., IN Nm |
Idgment. 10 disregard plain di,tinrtinn
iade III the constitution, and 10 interpolaie in. !
} II clause that would debar one-haif OF the
llzens oil The State from their risht to parti,I-
ate IN the administration OF the laws.
Impressed with the conclusiveness of this
'asoning, maj lrity of my brethren seek IN
npair It's force by dividing Offices into two
asses judicial Offices, and other Off "a. cnI,- I
inerafed IN the constitution; and offices moi |
uical, and not therein enumerated. -excl,Id | ,
z women from the former, and admjtting !
em to the latter, class of officers Will, n Il
'acticabie to make this division no sufficient
asou Is perceived-nor, indeed is any given |
why the distinction alleged should attach 10 ! ,
zen classification. Certain it is no such di,- | Il
action Is found in the constitution: il l. in | y
Ct arbitrary, and has rather the flavor OF tIog u
All In than argument. 1,
w THAT Is there, it may be not inaptly asked
Judicial Offices named in the constitution =,
ut invests them with such Importance and u
QCtltY, Inherently bpcau.a thu. b.,,,,..-I | "