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It’s submitted that, for still stronger causes, the great innovation of the XIV. I come now to the narrower and exact question before the courtroom: Can a feminine citizen, duly qualified in respect of age, character, and studying, declare, beneath the XIV. A coloured citizen, authorized to carry property in Massachusetts, emigrating to South Carolina, where all colored persons had been excluded from such proper, derived no aid, on this respect, from the Constitution of the United States, but was compelled to submit to all the incapacities laid by the laws of that State upon free individuals of shade born and residing therein. A married girl, a citizen of the State of Wisconsin, where by legislation she was able to holding separate estate, and making contracts concerning the identical, emigrating to a State where the common law in this regard prevailed, could not buy and promote property in her own identify, or contract in reference thereto. But when the courts of Illinois ought to refuse to exercise this summary jurisdiction, and will hold that actions at legislation could not be maintained on contracts between her and her purchasers, it’d end result that she would not be as typically employed as she otherwise can be.
Indeed, the courtroom under, in their opinion, discovered within the file, web page 9, say: “Of the ample skills of the applicant we’ve got no doubt.” Still, admission to the bar was denied the petitioner, not upon the ground that she was not a citizen; not for need of age or qualifications; not as a result of the occupation of the law shouldn’t be a type of avocations which are open to each American citizen as matter of proper, upon complying with the affordable rules prescribed by the Legislature: however upon the sole ground that inconvenience would outcome from permitting her to take pleasure in her authorized rights on this, to wit, that her purchasers may need problem in imposing the contracts they could make with her, as their legal professional, due to her being a married girl. And while the Legislature could prescribe qualifications for entering upon this pursuit, they cannot, under the guise of fixing skills, exclude a class of residents from admission to the bar.
But a qualification, to which a complete class of residents never can attain, shouldn’t be a regulation of admission to the bar, however is, as to such residents, a prohibition. But again: Mrs. Bradwell, admitted to the bar, becomes an officer of the court, topic to its abstract jurisdiction. Why could a colored citizen be admitted to the bar? If this provision doesn’t open all the professions, all of the avocations, all of the strategies by which a man may pursue happiness, to the coloured as properly as the white man, then the Legislatures of the States may exclude colored males from all of the honorable pursuits of life, and compel them to assist their existence in a condition of servitude. It is evident that there are specific “privileges and immunities” which belong to a citizen of the United States as such; otherwise it would be nonsense for the XIV. Airlines that routinely sell more tickets than there are seats on the aircraft, in the expectation that not all people will truly get there on time (thanks, interminable “security” nonsense!)?
There are various instances through which the telling sympathy and the silver voice of lady would accomplish greater than the severity and sternness of man may obtain. Those privileges that are secured to a man by the legislation are his rights; and the good charter of England declares that the historical privileges enjoyed by Englishmen, are the undoubted rights of Englishmen. It could be excluding a large proportion of the residents of the United States from privileges which the Constitution declares shall be the inheritance of each citizen alike. Amendment declares “the privileges of no citizen shall be abridged,” it means that the privileges of no male citizen or unmarried female citizen shall be abridged? Amendment is untouched by the XV. Amendment to prohibit a State from abridging them; and it’s equally evident from the XIV. I maintain that the XIV. Or can this courtroom say that, when the XIV. A girl can’t even think about having sex when she is offended. I’ve taken this pains to differentiate between the “privileges and immunities” of a citizen, and the “right” of a citizen to vote, not as a result of I feared that this court would deny one, even if the opposite would comply with, but to quiet the fears of the timid and conservative.