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The record is not very
perfect, but it may be fairly taken that the plaintiff asserted
her right to a license on the grounds, among others, that she was
a citizen of the United States, and that having been a citizen of
Vermont at one time, she was, in the State of Illinois, entitled
to any right granted to citizens of the latter State. The court
having overruled these claims of right, founded on the clauses of
the Federal Constitution before referred, those propositions may
be considered as properly before this court.

As regards the provision of the Constitution that citizens of
each State shall be entitled to all the privileges and immunities
of citizens in the several States, the plaintiff in her affidavit
has stated very clearly a case to which it is inapplicable. The
protection designed by that clause, as has been repeatedly held,
has no application to a citizen of the State whose laws are
complained of. If the plaintiff was a citizen of the State of
Illinois, that provision of the Constitution gave her no
protection against its courts or its legislation. The plaintiff
seems to have seen this difficulty, and attempts to avoid it by
stating that she was born in Vermont. While she remained in
Vermont that circumstance made her a citizen of that State. But
she states, at the same time, that she is a citizen of the United
States, and that she is now, and has been for many years past, a
resident of Chicago, in the State of Illinois.

The XIV. Amendment declares that citizens of the United States
are citizens of the State within which they reside; therefore
plaintiff was, at the time of making her application, a citizen
of the United States and a citizen of the State of Illinois. We
do not here mean to say that there may not be a temporary
residence in one State, with intent to return to another, which
will not create citizenship in the former. But plaintiff states
nothing to take her case out of the definition of citizenship of
a State as defined by the first section of the XIV. Amendment.

In regard to that amendment counsel for plaintiff in this court
truly says that there are certain privileges and immunities which
belong to a citizen of the United States as such; otherwise it
would be nonsense for the XIV. Amendment to prohibit a State from
abridging them, and he proceeds to argue that admission to the
bar of a State of a person who possesses the requisite learning
and character is one of those which a State may not deny. In this
latter proposition we are not able to concur with counsel. We
agree with him that there are privileges and immunities belonging
to citizens of the United States, in that relation and character,
and that it is these, and these alone, which a State is forbidden
to abridge. But the right to admission to practice in the courts
of a State is not one of them. The right in no sense depends on
citizenship of the United States. It has not, as far as we know,
ever been made in any State, or in any case, to depend on
citizenship at all. Certainly many prominent and distinguished
lawyers have been admitted to practice, both in the State and
Federal Courts, who were not citizens of the United States or of
any State. But, on whatever basis this right may be placed, so
far as it can have any relation to citizenship at all, it would
seem that, as to the courts of a State, it would relate to
citizenship of the State, and as to Federal Courts, it would
relate to citizenship of the United States.

The opinion just delivered in the Slaughter-house Cases from
Louisiana renders elaborate argument in the present case
unnecessary; for, unless we are wholly and radically mistaken in
the principles on which those cases are decided, the right to
control and regulate the granting of license to practice law in
the courts of a State is one of those powers which are not
transferred for its protection to the Federal Government, and its
exercise is in no manner governed or controlled by citizenship of
the United States in the party seeking such license. It is
unnecessary to repeat the argument on which the judgment in those
cases is founded. It is sufficient to say they are conclusive of
the present case.

The judgment of the State court is, therefore, affirmed.

D. W. MIDDLETON, C. S. C. U. S.

Mr. Justice BRADLEY gave the following: I concur in the judgment
of the court in this case by which the judgment of the Supreme
Court of Illinois is affirmed, but not for the reasons specified
in the opinion just read.

The claim of the plaintiff, who is a married woman, to be
admitted to practice as an attorney and counselor-at-law, is
based upon the supposed right of every person, man or woman, to
engage in any lawful employment for a livelihood. The Supreme
Court of Illinois denied the application on the ground that, by
the common law, which is the basis of laws of Illinois, only men
were admitted to the bar, and the Legislature had not made any
change in this respect, but had simply provided no person should
be admitted to practice as attorney or counselor without having
previously obtained a license for that purpose from two justices
of the Supreme Court, and that no person should receive a license
without first obtaining a certificate from the court of some
county of his good moral character. In other respects it was left
to the discretion of the court to establish the rules by which
admission to the profession should be determined. The court,
however, regarded itself as bound by at least two limitations.
One was that it should establish such terms of admission as would
promote the proper administration of justice, and the other that
it should not admit any persons, or class of persons, not
intended by the Legislature to be admitted, even though not
expressly excluded by statute. In view of this latter limitation
the court felt compelled to deny the application of females to be
admitted as members of the bar. Being contrary to the rules of
the common law and the usages of Westminster Hall from time
immemorial, it could not be supposed that the Legislature had
intended to adopt any different rule.

The claim that, under the XIV. Amendment of the Constitution,
which declares that no State shall make or enforce any law which
shall abridge the privileges and immunities of citizens of the
United States, the statute law of Illinois, or the common law
prevailing in that State, can no longer be set up as a barrier
against the right of females to pursue any lawful employment for
a livelihood (the practice of law included), assumes that it is
one of the privileges and immunities of women as citizens to
engage in any and every profession, occupation, or employment in
civil life.

It certainly can not be affirmed, as a historical fact, that this
has ever been established as one of the fundamental privileges
and immunities of the sex. On the contrary, the civil law, as
well as nature herself, has always recognized a wide difference
in the respective spheres and destinies of man and woman. Man is,
or should be, woman's protector and defender. The natural and
proper timidity and delicacy which belongs to the female sex
evidently unfits it for many of the occupations of civil life.
The constitution of the family organization, which is founded in
the divine ordinance, as well as in the nature of things,
indicates the domestic sphere as that which properly belongs to
the domain and functions of womanhood. The harmony, not to say
identity, of interests and views which belong, or should belong,
to the family institution is repugnant to the idea of a woman
adopting a distinct and independent career from that of her
husband. So firmly fixed was this sentiment in the founders of
the common law that it became a maxim of that system of
jurisprudence that a woman had no legal existence separate from
her husband, who was regarded as her head and representative in
the social state; and, notwithstanding some recent modifications
of this civil status, many of the special rules of law flowing
from and dependent upon this cardinal principle still exist in
full force in most States. One of these is, that a married woman
is incapable, without her husband's consent, of making contracts
which shall be binding on her or him. This very incapacity was
one circumstance which the Supreme Court of Illinois deemed
important in rendering a married woman incompetent fully to
perform 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.



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