WOMAN IN THE PROFESSION OF THE LAW.

When in the year of our Lord 1869 American papers reported that in Iowa

a woman had been admitted to the bar, most readers were inclined to

regard this “bit of news” as one of the many jokes, sprung occasionally

upon credulous people in order to warn them what the “new woman” might

be able to do. But in this case the “joke” turned out to be a fact. And

if people had been somewhat better acquainted with their Bibles, they

would have known that the woman lawyer of Iowa was only another

confirmation of Rabbi Ben Akiba’s famous saying: “There is nothing new

under the sun!”

Open your Bible and read in Chapter 4 of the Judges IV about =Deborah=,

the Joan of Arc of the Hebrews. Of this most extraordinary woman

recorded in Jewish history it is stated that she was a prophetess as

well as a judge, “to whom the children of Israel came for judgment.”

The Greeks and Romans too had female lawyers. From writers of the

classic past we know that =Aspasia= pleaded causes in the Athenian

forum, and =Amenia Sentia= and =Hortensia= in the Roman forum. And

Valerius Maximus (Hist. lib. VIII, Chapter 3) states that the right of

Roman women to follow the profession of advocate was taken away in

consequence of the obnoxious conduct of =Caliphurnia=, who, from “excess

of boldness” and “by reason of making the tribunals resound with

howlings uncommon in the forum,” was forbidden to plead. The law, made

to meet the especial case of Caliphurnia, ultimately “under the

influence of the anti-feministic tendencies” of the period, was

converted into a general one. In its wording the law sets forth that the

original reason for woman’s exclusion “rested solely on the doings of

said person.”

The “howlings of Caliphurnia” furnished the legislators of all later

periods with a welcome pretext to exclude women from practice of the

law, and it was not till 1869 that a woman again obtained admission to

the bar. This pioneer was =Miss Arabella A. Mansfield= of Mount

Pleasant, Iowa, who was admitted to the Iowa bar in 1869, under the

statute providing only for admission of “white male citizens.”

The next female lawyer was =Mrs. Belva Ann Lockwood=, a graduate of the

Law School of the National University at Washington, D. C. Having been

admitted in 1873 to practice before the Supreme Court of the District of

Columbia, she applied in October, 1876, for admission as practitioner of

the Supreme Court of the United States, but was rejected under the

following decision: “By the uniform practice of the Court from its

organization to the present time, and by the fair construction of its

rules, none but men are admitted to practice before it as attorneys and

counselors. This is in accordance with immemorial usage in England, and

the law and practice in all the States, until within a recent period;

and the Court does not feel called upon to make a change until such a

change is required by statute or a more extended practice in the highest

courts of the States.”

[Illustration:

BELVA A. LOCKWOOD.

]

But if the members of the Supreme Court had entertained the hope of

scaring away women once and for all, they soon enough found that they

were mistaken. Mrs. Lockwood drafted a bill and secured its passage in

Congress, providing “that any woman who shall have been a member of the

bar of the highest court of any State or Territory, or of the Supreme

Court of the District of Columbia, for the space of three years, and

shall have maintained a good standing before such court, and who shall

be a person of good moral character, shall, on motion, and the

production of such record, be admitted to practice before the Supreme

Court of the United States.” This bill was approved on February 15th,

1879. Since then Mrs. Lockwood as well as a number of other female

lawyers have been admitted under this law to practice before the highest

court of the United States.

A “Woman’s International Bar Association” was organized in 1888, for the

purpose of establishing law schools for women and of promoting the

interests of female lawyers as well as of securing better legal

conditions for women.

According to the Census of 1910 there were 1010 woman lawyers in the

United States.

“Having taken up the law,” so said Miss Edith J. Griswold, herself a

counsellor-at-law, “woman will not rest until she stands on a level with

man, and the end of the Twentieth Century will probably find an

equilibrium in the United States Government that can only be obtained

(as in the home government) by the equal balancing of the different

propensities of male and female mind in the making and enforcing of

laws. The prophecy that the time is coming when woman will govern seems

ludicrous, and yet it is no more ludicrous than the present lopsided

arrangement whereby man has the exclusive power of government. With the

rapid advance of woman conditions are being manifested that require

woman’s judgment, and to obtain true justice in matters relating to both

sexes an equal number of men and women should compose both the court and

the jury. By the end of the Twentieth Century, I believe, a woman’s

judgment will carry as much weight as a man’s, and the opinions handed

down from our higher courts will have to be concurred in by an equal

number of male and female judges.”

[Illustration]

Woman Triumphant: The story of her struggles for freedom, education and political rights. Dedicated to all noble-minded women by an appreciative member of the other sex. · 第 50 / 98 题