ing 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. In
the nature of things it is not every citizen of every age, sex,
and condition that is qualified for every calling and position.
It is the prerogative of the legislator to prescribe regulations
founded on nature, reason, and experience for the due admission
of qualified persons to professions and callings demanding
special skill and confidence. This fairly belongs to the police
power of the State; and, in my opinion, in view of the peculiar
characteristics, destiny, and mission of woman, it is within the
province of the Legislature to ordain what offices, positions,
and callings shall be filled and discharged by men, and shall
receive the benefit of those energies and responsibilities, and
that decision and firmness which are presumed to predominate in
the sterner sex.

For these reasons I think that the laws of Illinois now
complained of are not obnoxious to the charge of abridging any of
the privileges and immunities of citizens of the United States.

* * * * *

I concur in the opinion of Mr. Justice Bradley. FIELD, J.

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

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 Legis