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,
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