such office, and can legally discharge
its duties.

By the constitution of Massachusetts, of which we formerly
constituted a portion, the entire political power of that
commonwealth was vested under certain conditions, in its male
inhabitants of a prescribed age. They alone, and in the exclusion
of the other sex, as determined by its highest court of law,
could exercise the judicial function as existing and established
by that instrument.

By the act relating to the separation of the district of Maine
from Massachusetts, the authority to determine upon the question
of separation, and to elect delegates to meet and form a
constitution was conferred upon the "inhabitants of the several
towns, districts and plantations in the district of Maine
qualified to vote for governor or senators," thus excluding the
female sex from all participation in the formation of the
constitution, and in the organization of the government under it.
Whether the constitution should or should not be adopted, was
especially, by the organic law of its existence, submitted to the
vote of the male inhabitants of the State.

It thus appears that the constitution of the State was the work
of its male citizens. It was ordained, established, and ratified
by them, and by them alone; but by the power of government was
divided into three distinct departments: legislative, executive
and judicial. By article VI., section 4, justices of the peace
are recognized as judicial officers.

By the constitution, the whole political power of the State is
vested in its male citizens. Whenever in any of its provisions,
reference is made to sex, it is to duties to be done and
performed by male members of the community. Nothing in the
language of the constitution or in the debates of the convention
by which it was formed, indicates any purpose whatever of any
surrender of political power by those who had previously enjoyed
it or a transfer of the same to those who had never possessed it.
Had any such design then existed, we cannot doubt that it would
have been made manifest in appropriate language. But such
intention is nowhere disclosed. Having regard then, to the rules
of the common law as to the rights of women, married and
unmarried, as then existing--to the history of the past