Page:History of Woman Suffrage Volume 2.djvu/660

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History of Woman Suffrage
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form the duties and.trusts that belong to the office of an attorney and counselor.

It is true that many women are unmarried and not affected by any of the duties, complications, and incapacities arising out of the married state, but these are exceptions to the general rule. The paramount destiny and mission of woman are to fulfill the noble and benign offices of wife and mother. This is the law of the Creator. And the rules of civil society must be adapted to the general constitution of things, and can not be based upon exceptional cases.

The humane movements of modern society, which have for their object the multiplication of avenues for woman's advancement, and of occupations adapted to her condition and sex, have my heartiest concurrence. But I am not prepared to say that it is one of her fundamental rights and privileges to be admitted into every office and position, including those which require highly special qualifications and demanding special responsibilities. In the nature of things it is not every citizen of every age, sex, and condition that is qualified for every calling and position. It is the prerogative of the legislator to prescribe regulations founded on nature, reason, and experience for the due admission of qualified persons to professions and callings demanding special skill and confidence. This fairly belongs to the police power of the State; and, in my opinion, in view of the peculiar characteristics, destiny, and mission of woman, it is within the province of the Legislature to ordain what offices, positions, and callings shall be filled and discharged by men, and shall receive the benefit of those energies and responsibilities, and that decision and firmness which are presumed to predominate in the sterner sex.

For these reasons I think that the laws of Illinois now complained of are not obnoxious to the charge of abridging any of the privileges and immunities of citizens of the United States.


I concur in the opinion of Mr. Justice Bradley. Field, J.
d. w. middleton, C. S. C. U. S.

The result of this suit taught woman that for her civil as well as political rights she had no National protection. This was the first case under the XIV. Amendment that was decided by the Supreme Court of the United States. This august body based its decision against Mrs. Bradwell on the ground of "no jurisdiction," declaring that the case rested with the Legislature of the State of Illinois. In language stripped of legal verbiage and obscurity, it decided that the civil rights of women could be extended and restricted at the caprice of any legislative body in the several States; that the methods for earning their daily bread, in the trades and professions, the use of their powers of mind and body, could be defined, permitted or denied for the citizen by State authorities.

In Norwalk, Connecticut, long known as the Gibralter of republicanism in that State, Mrs. Sarah M. T. Huntington was allowed to