In France, deprivation or suspension of civil rights, or some of them—and among these of the right of voting, of eligibility to office, of taking part in family councils, of being guardian or trustee, of bearing arms, and of teaching or being employed in a school or seminary of learning—are punishments prescribed by her code. The theory upon which our political institutions rest is, that all men have certain inalienable rights—that among these are life, liberty, and the pursuit of happiness; and that in the pursuit of happiness all avocations, all honors, all positions, are alike open to every one, and that in the protection of these rights all are equal before the law. Any deprivation or extension of any of these rights for past conduct is punishment, and can be in no otherwise defined.
The profession of an attorney and counselor is not like an office created by an act of Congress, which depends for its continuance, its powers, and its emoluments upon the will of its creator, and the possession of which may be burdened with any conditions not prohibited by the Constitution. Attorneys and counselors are not officers of the United States; they are not elected or appointed in the manner prescribed by the Constitution for the election and appointment of such officers. They are officers of the court, admitted as such by its order, upon evidence of their possessing sufficient legal learning and fair private character.... The order of admission is the judgment of the court, that the parties possess the requisite qualifications as attorneys and counselors, and are entitled to appear as such and conduct causes therein. From its entry the parties become officers of the court, and are responsible to it for professional misconduct. They hold their office during good behavior, and can only be deprived of it for misconduct, ascertained and declared by the judgment of the court, after opportunity to be heard has been offered. (Ex parte Heyfron, 7 How., Miss., 127; Fletcher vs. Daingerfield, 20 Cal., 430.) Their admission or their exclusion is not the exercise of a mere ministerial power. It is the exercise of judicial power, and has been so held in numerous cases.... The attorney and counselor being, by the solemn judicial act of the court, clothed with his office, does not hold it as a matter of grace and favor. The right which it confers upon him to appear for suitors, and to argue causes, is something more than a mere indulgence, revocable at the pleasure of the court, or at the command of the Legislature. It is a right of which he can only be deprived by the judgment of the court, for moral or professional delinquency. The Legislature may undoubtedly prescribe qualifications for the office, to which he must conform, as it may, where it has exclusive jurisdiction, prescribe qualifications for the pursuit of the ordinary avocations of life.
No State shall make or enforce any law which shall abridge the privileges or immunities of a citizen.
No State shall make or enforce any law which shall abridge the privileges or immunities of any citizens except married women;
1. The Supreme Court of Illinois having refused to grant to plaintiff a license to practice law in the courts of that State, on the ground that females are not eligible under the laws of that State, such a decision violates no provision of the Federal Constitution.
2. The second section of the fourth article is inapplicable, because plaintiff is a citizen of the State of whose action she complains, and that section only guarantees privileges and immunities to citizens of other States, in that State.
3. Nor is the right to practice law in the State courts a privilege or immunity of a citizen of the United States, within the meaning of the first section of the XIV. Article of Amendment of the Constitution of the United States.
4. The power of a State to prescribe the qualifications for admission to the bar of its own courts is unaffected by the XIV. Amendment, and this court can not inquire into the reasonableness or propriety of the rules it may prescribe.
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 register by sufferance of the selectmen whose objections she overcame by a logical argument upon the constitutional provisions under the XIV. Amendment, but she was not permitted to vote (see Connecticut chapter). At the same election several ladies voted in Nyack, New York, and in Toledo, Ohio, and many unsuccessful attempts were made by others in several States of the Union.
It was on November 1st, 1872, at her quiet home in Rochester, while reading her morning paper, that Miss Anthony's eye fell on the following editorial:
Now Register? To-day and to-morrow are the only remaining opportunities. If you were not permitted to vote, you would fight for the right, undergo all privations for it, face death for it. You have it now at the cost of five minutes' time to be spent in seeking your place of registration, and having your name entered. And yet, on election day, less than a week hence, hundreds of you are likely to lose your votes because you have not thought it worth while to give the five minutes. To-day and to-morrow are your only opportunities. Register now!
She immediately threw aside her journal, and asking one of her sisters to accompany her, made her determined way to the registration office. The inspectors were young men, entirely unversed in the intricacies of constitutional law, so that when Miss Anthony expounded to them the XIV. Amendment, they were utterly incapable of answering her legal argument. After some hesitation the two Republican members of the board agreed to receive her name, while the Democratic official remained obdurate. The United States Supervisor being present strongly advised the young men against refusing to allow Miss Anthony to register. A full report of this scene appeared in the afternoon papers with varying comments; the Republican paper inclined toward a favorable view of the right of women to vote, while the Democratic paper denounced these proceedings and warned all inspectors that if they received the names of women they would be liable to prosecution under the 19th section of the enforcement act.