t of voting is supposed
to have been secured by the XV. Amendment, are qualified to hold
office? Whenever the qualifications of persons to discharge the
duties of responsible offices is made the test of their right to
vote, and we are to have a competitive examination on that
subject, open to all claimants, my client will be content to
enter the lists, and take her chances among the candidates for
such honors.
But the practice of the world, and our own practice, give the lie
to this objection. Compare the administration of female
sovereigns of great kingdoms, from Semiramis to Victoria, with
the average administration of male sovereigns, and which will
suffer by the comparison? How often have mothers governed large
kingdoms, as regents, during the minority of their sons, and
governed them well? Such offices as the "sovereigns" who rule
them in this country have allowed women to hold (they having no
voice on the subject), they have discharged the duties of with
ever-increasing satisfaction to the public; and Congress has
lately passed an act, making the official bonds of married women
valid, so that they could be appointed to the office of
postmaster.
The case of Olive _vs._ Ingraham (7 Modern Rep. 263) was an
action brought to try the title to an office. On the death of the
sexton of the parish of St. Butolph, the place was to be filled
by election, the voters being the housekeepers who "paid Scot and
lot" in the parish. The widow of the deceased sexton (Sarah Bly)
entered the lists against Olive, the plaintiff in the suit, and
received 169 indisputable votes, and 40 votes given by women who
were "housekeepers, and paid to church and poor." The plaintiff
had 174 indisputable votes, and 22 votes given by such women as
voted for Mrs. Bly. Mrs. Bly was declared elected. The action was
brought to test two questions: 1. Whether women were legal
voters; and 2. Whether a woman was capable of holding the office.
The case was four times argued in the King's Bench, and all the
Judges delivered opinions, holding that the women were competent
voters; that the widow was properly elected, and could hold the
office. In the course of the discussion it was shown that women
had held many offices, those of constable, church warden,
overseer of the
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