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its proper organization and incorporation into the territory, so it was conceded that the inhabitants Union of States. Mr. Webster contended for this of this territory should be incorporated into the construction of the constitutional authority and the United States power of congress over the acquired territory. And
"As soon as possible, according to the princongress has assumed the authority and followed
ciples of the federal Constitution.” this practice from the Louisiana Purchase to the present time.
Observe the different wording of this same clause “The clear distinction between a State and a
in the treaty for the cession of Porto Rico: territory thus drawn at the very outset of our
“ The civil and political status of career and the principles then established - the native inhabitants of the territories hereby that congress was free to govern the depend- ceded shall be determined by congress.” encies of the United States in such manner as This illustrates the growth of the theory of it saw fit; that the government it granted need
expansion. not be republican, even in form; that men might
Thus beginning with the Louisiana Purchase, in be taxed without any representation in the tax. 1803, we have acquired by the means recognized by ing body, stripped absolutely of the franchise, the law of nations, and with but small expenditure of and ruled by officials not of their own choice
money, the Floridas from Spain in 1819; Texas from have never been departed from and have often Spain and Mexico by adverse title in 1845 ; Califorbeen confirmed " (Prof. J. B. McMaster, Forum, nia and New Mexico acquired by treaty with Mexico December).
in 1848; and more territory from Mexico again in Nevertheless, we must remember that as against 1853; the Guano Islands, 1856; Alaska was ceded by the spirit of the Constitution precedent will not Russia, 1867; the Hawaiian Islands, 1898; in 1900 stand.
Great Britain and Germany renounced to the United As to what constitutes incorporation in the sense States all rights which they had or claimed to a intended, where used in these treaties, there seems large portion of the Samoan group of islands; add to be a wide difference of opinion. Chief Justice to this list the more recent acquisitions of Porto Marshall construed the term, as used in the treaty Rico, Philippines, Cuba and the Danish Islands, in for the Louisiana territory, as a promise to admit to all probability, and we may realize, perhaps, what Statehood. But Mr. Justice White says:
the precedent in the Louisiana Purchase has done “The minutest analysis of the Louisiana for this nation. treaty fails to disclose any promise of State
Whether consistent with our political system, as it hood."
was understood by the framers of the Constitution
and Jefferson, Madison and Marshall, there has been And this latter construction is more nearly right,
a silent, but, it may be, a natural growth of the docif viewed in the light of those early experiences. 'trine of territorial expansion not unlike the growth We have, however, followed the direction of the of nature as exhibited in the forest tree. former.
Up to a certain time in this growth we enlarged The treaty-making power of our government has
only through contiglious accessions. We are now no authority in itself to incorporate, although it
called upon to adopt the colonial system in relation may agree that this shall be done under certain to our possessions far beyond the seas and to hold conditions, and among most conditions is always and govern them in the same way as does Engpresent the question of assent of Congress.
land some of her South African possessions, or to Nor does incorporation take place by a mere rati- extend to the inhabitants, composed of alien and fication of the treaty. It must be effected by some mixed races, the rights, privileges and immunities law, and act of Congress is that law, under the Con
guaranteed by the Constitution to our citizens at stitution. Congress is merely the vehicle of con
home, struction and trings the acquired territory within
When Jefferson, as chief adviser of President the sphere of infuence of the Constitution by means Monroe, was considering the matter of accessions of its power of construction.
to our territory and looked towards Cuba as the At the bottom of this difficulty is the social status
most promising addition, his ambition for extended of the inhabitants of the acquired territory. It was a serious question, first met by the proposed incor- him as of the first consequence.
territory, and hence political prestige, appealed to
The matter of how poration of the people of the Louisiana Purchase,
to govern the inhabitants of this acquired territory and the commissioners were instructed by Mr. Madi
was of secondary importance. In a letter to Presison to get the territory, but not to agree
dent Monroe, October 24, 1823, he wrote as follows: “To incorporate the inhabitants of the hereby
“Do we wish to acquire to our confederacy ceded territory with the citizens of the United
any one or more of the Spanish provinces? I States, being a provision which cannot now be
candidly confess that I have ever looked on made."
Cuba as the most interesting addition which It was found that to insist upon this proviso could ever be made to our system of States. might result in defeating the effort to acquire the The control which, with Florida Point, this
island would give us over the Gulf of Mexico IS LAW A FIELD FOR WOMAN'S WORK? and the countries and isthmus bordering on it, as well as all those whose waters flow into it,
The following is the address on the above subject would fill up the measure of our political well made before the American Bar Association, at its being."
Denver meeting, by Mr. William P. Rogers, of the But, while Jefferson
son was ambitious in the desire Indiana State University: for extending the territorial limits of the United I nake no apology for bringing before the secStates, this desire was well seasoned with the sense tion of legal education the question embraced in of protection to the young republic which his hand the subject of this paper. While it has never before had so well helped to fashion.
been presented to us collectively for discussion, or Its territorial expansion was to be along the line otherwise, each of us, doubtless, has been called of greatest strength, with the Monroe doctrine as
upon to answer it for someone whose chosen life its guide.
work depended largely upon the answer given. It This sets our compass and points the course
is of increasing importance and will arise more which we are to steer through the ocean of frequently within the next few years than ever time.
before. It is of interest to the bench and bar, Our first and fundamental maxim should be because women are not only asking admission to never to entangle ourselves in the broils of practice, but are rapidly entering our ranks and Europe. Our second, never to suffer Europe practicing at our bars. to intermeddle with Cisatlantic affairs."
It is of interest to our law schools, because to
at least sixty-four of our one hundred and two From all this becomes apparent the condition we schools have women applied and been admitted to have reached in our national progress towards em
the study of law. And they have not only applied, pire, respecting the conflict of authority between but have entered and studied and carried away congress and the Constitution. Vitally important honors and degrees. More than three hundred as this question surely is to this government, it is
women have been admitted to practice law in the by
It has been
United States within the last twenty-five years. Not disturbing element in governmental policy
all these, perhaps, are practicing in courts, but very for many years, and now Mr. Justice Brown
many of them are, and the others, like many of says it is irreconcilable, viewed in the light the men who have been admitted to the bar, find it of the interpretation of the Constitution by Jefferson
more congenial and, perhaps, more profitable to and Madison, and that in which congress now as
confine themselves to the work of the office. But sumes authority to act. And it is not now so much they are none the less lawyers, doing the work of a question of party as of national expediency that the legal profession. This does not include a large we apply in interpreting the Constitution.
r.uniber of female clerks doing legal work in lawwe have grown away from its early lessons, we
yers' offices all over the country. have lost somewhat of the reverence our forefathers
There were, during the past year, in our law had for that instrument, and it has been made to respond to our will as represented in the acts of schools, about two hundred women studying law.
And, while the increase of law students has, within Congress many times.
the past five years, been much larger than that of With our chief Federal Court at loggerheads over
most other professions, the per cent of increase this question of authority, Congress is sure to assume an advance of authority on the plea of political during the same time of female law students has expedient, and, as before has happened, the Federal been double the per cent of increase of male law
students. This may be largely accounted for in Court when called upon to determine the right must
the fact that our schools have been open for uphold such action on the same plea of expediency.
women for a much shorter time than to men; yet It is no uncommon thing in political economics it remains an interesting phase of our question. this matter of a representative body, such as Con- Besides the large number of law schools where men gress, usurping the authority which it lacks organ- and women work together in the same classes, there ically. Under our form of government Congress is
are two schools, one in Washington, the other in an important factor, but is at all times controlled New York, where special work is laid out for not only by the letter, but by the spirit of the Consti
women, who compose the entire membership of tution. The theory is that the Constitution is
There are several organizations, supreme. The British Empire has a constitution
prominent among which is the Woman's Legal also, but the acts of its parliament are supreme. The student of politics at all curious will find food conducted for the purpose of advancing the legal
Education Society of New York city, formed and for reflection in the contemplation of possibilities education of women. So the question of women made probable through changes of political
in law is neither forced nor theoretical. It is both conditions.
real and practical, touching the lives and life work P. L. EDWARDS.
of some of our most noble and most intellectual Washington, D. C., December, 1901.
In our schools and colleges they have long been of work which so recently have been held sacred discriminated against. Only within the last half to men, and when they find that in such work century have they been admitted to those sacred they can successfully compete with men, make for precincts of higher learning, whose teachings, it themselves an independent support and, perchance was believed, only men could grasp. But here they a fortune, why shall they not enter the law for the have shown a mental power and alertness unsur- purpose of trying their fortunes there? Well, enter passed by the young men of their college classes, it they will — in fact, they have already done so, and it is now, on all hands, conceded that higher with, perhaps, indifferent success. While there may education is adapted alike to the sexes. It is only be plausible reasons presented to prove that women a few years since all the professions were closed to should not enter into active practice in our courts, women. They could consistently do general house- surely one cannot at this late day say that they work, cooking and sewing, but beyond such as this shall not be educated in the law, if their ambitions they ventured at their peril. But when its was dis- and inclinations lead them in this direction. covered that they were capable of learning all the Our much vaunted assertion that a knowledge of highest branches, it was soon known that they could the law makes one a better citizen certainly has in teach, and, to their credit and the advantage of the it no sex limit. Whether or not, we should at least children, they have for years been in control of the encourage their attendance in our law schools, that common schools all over the country.
they may, in learning law, thereby acquire an imThe schoolmaster with his birch rod government portant part of a liberal education. It would seem, has given place to an army of more than two hundred indeed, that one's education, in these days of numerand eighty-four thousand splendid women, whose ous law schools, is incomplete until such a course examples and teachings in the school-rooms of our in law has been taken as will give one a general land have saved us the necessity of larger armies of a view of our legal system. For there is no condimore belligerent character in other fields of our tion in life where the law does not enter with its government. Step by step they have taken higher commands and restraints. It prescribes our rights position in the educational world, till to-day there as infants, never loses sight of us from the cradle is no course in the college curriculum which they to the grave, and kindly distributes our estates when have not mastered and do not teach. In our high we are dead. The law seeks to control all those schools, public and privatę, there are fourteen thou- of different race, color, condition and sex who come sand nine hundred and forty-nine female teachers. within its domain. Surely it is important that all In our institutions of higher education there are should know, at least in a general way, what this one thousand seven hundred and thirty-eight female law is and what is their relation to it. If so, the professors and instructors, besides one thousand doors of our law schools should not be closed to a four hundred and fifty-six female professors in col- class composing in numbers more than half our leges for women.
population, but should stand open for all who show There are thirty-seven thousand five hundred and themselves, by preliminary training, competent to five female students pursuing work in our colleges enter. and universities. There are one hundred and thirty- The growing sentiment in favor of the study of two colleges for women alone, with an attendance law, among both men and women, will doubtless, of eighteen thousand four hundred and fifteen stu- within the next five years, open the doors of all dents. Having mastered the field of general and our law schools to women. As there is no higher education our women have entered the do- limit to justice and equity, there will be none to the main of technical and professional work. As pulpit knowledge of their rules and the privileges of the orators they have for many years proven them- schools where they may be learned. selves capable.
The story of woman's admission to the bar in In 1899 one hundred and fifty-six women enrolled the United States is one of contest and struggle. in the theological schools of our country. In this We, their brethren, being already within the gates, field there is an opportunity for work which bids with legal power to keep those out who were of fair to attract many of our best educated women. opposite sex, have not extended a very hearty welBut the medical profession has been most atrractive come to our sisters in law. If the road has been to the women. In it they have won fame and more opened for them to enter, it has been only because, of fortune than in any other work. There were with their own hands, they have torn down the one thousand four hundred and thirty-six female obstacles and cleared away the rubbish. students enrolled in the medical schools of the Women who have undertaken the practice and United States in 1899, besides eight thousand nine have continued in it for a few years are usually hundred and seven studying to become professional quite enthusiastic on the subject, even insisting nurses. Aside from teaching, the medical profes- that active court practice is as fitting for women sion, with its collateral work of nursing, seems des
The determination to succeed, the fascitined to attract more of the women and better nation that legal work, new to women, brings the adapted to them than any other.
belief that legal disabilities of women have been But when the women have entered all these fields largely removed by the influence of women lawyers,
and that by their influence complete legal and po- that, after all, women must be given freedom to litical equality of the sexes is to be obtained, stimu- settle the matter for themselves? Experience alone late the young women to enter the profession and can determine their adaptation to the profession, give to them an enthusiasm which even a dearth of and they are surely entitled to the test. If they citizens cannot suppress. But many of the women fail, their better judgment will readily dictate the who have independently entered the active practice, wise course to pursue. If they succeed, and the including office and court work, find clients as predicted dangers to home and motherhood do not willing to trust their business to them as to men of come, let us, with them, rejoice in their success. equal experience. They have not yet been long We can do no less than give them every possible enough in the profession to develop women lawyers opportunity to determine for themselves how best equal to Marshall, Webster or Choate, but those in to make the most of life. the practice probably average well when compared We may consistently suggest, however, that there with the men, both in ability and income.
is no other profession like the practice of the law. Mrs. Catherine Waugh McCulloch, who practices It is a continual contest. The assertions from the law with her husband in Chicago, writing concern
minister in the pulpit are usually unquestioned and ing the income of women lawyers, says: That it
unanswered. His critics speak only in his absence. is difficult to discover, but I believe but few of His hearers have assembled because they are in them have received as much as $5,000 a year. One sympathy with his views, and expect to agree with told me of a $10,000 fee, and I know of some who what he may say. So with the work of the physihave earned and collected as much as $2,000 to cian. His errors may neither be all buried nor for$3,000 per year, but this was only after five or ten gotten, but he can rely upon the assurance that no years' experience. When there are women lawyers one else will be employed to continually hunt for of twenty to thirty years' practice there will be and expose them to public inspection. The teacher larger fees. But even in the early years of practice stands in advance of his pupils, teaching them things the fees of the women average fairly well with the they have not yet learned. If, perchance, some fees paid men of similar experience for the same leader of the class points out an erroneous statekind of work."
ment, it may at once be corrected, with little emShe further writes: “ Law is excellent as a study barrassment. But the propositions of a lawyer in for women, and in the practice sex is not necess
essarily court are made in the presence of a shrewd oppoa disability. In securing business, sex is as yet a nent, whose business it is to see the vulnerable hindrance, for some people have not yet discovered places, point out the errors and inconsistencies and that women can have legal ability. From my own openly criticise the position assumed. His address experience of fifteen years I have become so well to the jury is to be publicly answered and his consatisfied that law is a proper sphere for women that clusions refuted. He must be an antagonist beI should be willing to have my daughter choose it cause his client is. This is the life of the lawyer for her vocation."
in court. It cannot be otherwise to win success. From Miss Isabella M. Pettus, who has for three The nervous strain borne by the lawyer in a long, years practiced in the courts of New York, I have closely and often bitterly contested case demands received much information concerning the practice not only mental but physical vigor which few men of law by women in that city. Many of them there possess. At the end of such a contest, where, if have won success, not only in office work, but at not the life or liberty of one's client, his property, the bar, before courts and juries. These women, at least, is lost, the attorney must be strong indeed many of them wives and mothers, have been none who can, unperturbed, proceed with the demands the less faithful to these “heaven-appointed ” offices made upon him by other pressing business. Are than before they entered the profession, or than women so constituted that they can successfully their sisters who, in other honorable professions or live such a life? Is such a life desirable for a lines of work, help to make and keep the home. woman, where this strife and mental contest must Miss Pettus, in a strong presentation in favor of be principally with men, even though she be strong, woman's fitness and right to practice law, says: “I learned and experienced? Cannot a woman with would condemn heartily the course of a wife or such qualities utilize her life to better advantage mother who would neglect her home and children elsewhere? Is there any crying need or pressing to practice in the courts; I would praise, unre- demand for women to practice in our courts? What servedly, any earnest, intellectual woman who takes great reforms, what betterment to society, would up 'toil unsevered from tranquility' and fits herself result from their assuming such onerous work? for a professional life, for the love of law and of To the woman who would enter the law, intendlearning, thanking God that the nineteenth and ing to take up its practice as a profession, these twentieth centuries have given woman freedom to and many like questions must come for answer. work out her own life, as she will, in honor and But the answer must come from her. We have no righteousness."
right to deprive her of the privilege of personal And when the question in hand is examined from experience. She has the right, and should have all sides, is not the answer found in the suggestion 'the privilege, of entering the bar as a practitioner on purely personal grounds, although there be no that such limitation would result in increased public demand or crying need for her. She should, wages. A young high school graduate, therefore, in this matter, be just as free and independent as must direct his energy to clerical work, and, failing her brother, with the right and power to choose in this, must live on his parents. Clerical work, for herself any honorable calling; but in doing so with its uncertainties, and poor pay, and female she should, like every other citizen, select that for competition, working for one-half the wages usually which she is best suited and which will bring to
given to men, furnish a ready explanation for many her and those about her the most of good and of
lapses into crime. happiness.
Present and future generations of America will THE SALVATION OF JUVENILE DELIN- rise up and call him blessed who can show a pracQUENTS.
tical way to save the child of the streets from
becoming a thief and a vagabond, and to rescue The jail cradle. Who rocks it? The answer is the girl beauty of the slums from a life of sin and by no means an easy one. Juvenile delinquents degradation. may be divided into five classes. The first class To prove my assertions, the public records of consists of the utterly degenerate, outlaws from commitments to Elmira reformatory show that society, who steal because of an irresistible impulse. ninety per cent of the delinquents never learned They exist by plunder, and this abject condition is a trade. the direct result of a childhood undisciplined by How to treat these classes and derive successful any moral or religious training.
results therefrom, is the mighty problem with which The second class comprises those who are more government officials at Washington are now wrestdangerous to society than the first, because they ling. A bureau of statistics for the investigation are more systematic in their rascality and more of criminal records has been established, and the adept in covering their tracks. The well-dressed legal profession is curiously waiting for results. Let pickpocket belongs to this class.
us hope that the child of the streets of the future The third class consists of the children of neglect- will in our country become the upright, law-abiding ful parents, who have acquired a habit of petty and God-fearing citizen. thieving while young, and, owing to the careless
Joseph M. SULLIVAN. ness of their parents, have persisted in thieving Of the Suffolk (Mass.) Bar. until the habit has wholly mastered them. This class have become thieves owing to a lack of sys- POWERS OF ALDERMANIC PRESIDENT IN tematic moral and religious training.
CITIES OF THE SECOND CLASS. The fourth class consists of dy's claim." I mean those who are driven into crimes in conse- A case of peculiar interest to cities of the second quence of their utter destitution, and thrown upon class in this State was recently decided by the the world in a state of abject misery. To this class Supreme Court, Appellate Division, Third Departbelong children brought up and cared for in public
ment. The litigation grew out of the action of the institutions.
president of the common council of the city of Albany The fifth class are those who live in a condition in deciding a tie vote on the designation of city of squalid misery, yet, under pretences of gaining that since the vote was a tie and no designation was
papers in favor of the Press Company, on the ground an honest livelihood, are ever on the alert to prac-made, the Argus remained city paper, application tice all kinds of rascality, and profit therefrom. An
was made for a mandamus to the clerk of the comexample of this class is found in the thief peddler,
mon council to deliver to the Argus for publication a character much more common in Europe than in all papers required by law to be published in the the United States.
city's official papers. This application was argued The great increase in the number of juvenile de- before Justice Chester in Special Term, Amasa J. linquents is easily explained by the abolition of the Parker, Jr., assisted by Judge Andrew Hamilton, apprentice system. The result of abolishing the appearing for the Argus; Corporation Counsel Anapprentice system in America has been to flood the drews and former Corporation Counsel William P. country with young men without a trade and with Rudd for the city clerk, and John F. Montignani for insufficient learning to obtain a livelihood. A young
the Press Company. From the order denying its
application the relator appealed to the Appellate man graduating from the common schools of this
Division. country, who is unable to use both hands and brain
The opinion, written by Justice S. Alonzo Kellogg. in unison, is a hopeless derelict in the stream of in which the other four members of the court conlife. The apprentice system was abolished solely cur, lays stress upon the declaration that if the presithrough selfish motives, namely, the limitataion of dent of the common council had power to vote like the numbers of the respective crafts, and the hope 'aldermen, the ward from which he comes would have