As long as
men are allowed to act as milliners, with what propriety can they
exclude women from the post of school commissioners when chosen to such
positions by their neighbors? To deny them such rights, is to leave them
in a condition of political servitude as absolute as that of the African
slaves before their emancipation. This conclusion is readily to be
deduced from the opinion of Chief Justice Jay in the case of _Chisholm's
Ex'rs vs. The State of Georgia (2 Dallas, 419-471)_, although the
learned Chief Justice had of course no idea of any such application as I
make of his opinion.
The action was assumpsit by a citizen of the State of South Carolina,
and the question was, whether the United States Court had jurisdiction,
the State of Georgia declining to appear.
The Chief Justice, in the course of his opinion, after alluding to the
feudal idea of the character of the sovereign in England, and giving
some of the reasons why he was not subject to suit before the courts of
the kingdom, says:
"The same feudal ideas run through all their jurisprudence, and
constantly remind us of the distinction between the prince and the
subject. No such ideas obtain here. At the revolution the sovereignty
devolved on the people; and they are truly the sovereigns of the
country, but _they are sovereigns without subjects_ (unless the African
slaves among us may be so called), and have none to govern but
themselves; the citizens of America _are equal as fellow-citizens, and
as joint tenants in the sovereignty_.
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