Page:History of Woman Suffrage Volume 3.djvu/400

Rh This seems to us a dangerous doctrine. It is nothing less than holding that the legislature cannot enact a law unless it appears affirmatively that the framers of the constitution intended that such a law should be enacted. We cannot concur in such a doctrine. It would put a stop to all progress. We understand the correct rule to be the reverse of that ; namely, that the legislature may enact any law they may think proper, unless it appears affirmatively that the framers of the constitution intended that such a law should not be passed. And the best and only safe rule for ascertaining the intention of the makers of any written law, is to abide by the language which they have used. And this is especially true of written constitutions ; for in preparing such instruments it is but reasonable to presume that every word has been carefully weighed, and that none is inserted and none omitted without a design for so doing. Taking this rule for our guide we can find nothing in the constitution of the United States, or of this State, forbidding the passage of a law authorizing the appointment of women to act as justices of the peace. We think such a law would be valid.

2em

The right of women to hold office was affirmed in the message of Governor Dingley, January, 1875 :

In response to the questions propounded by the governor and council, a majority of the justices of the Supreme Court have given an opinion that, under the constitution of Maine, women cannot act as justices of the peace, nor hold any other office mentioned in that instrument; but that it is competent for the legislature to authorize persons of either sex to hold any ministerial office created by statute. As there can be no valid objection to, but on the contrary great convenience in, having women who may be acting as clerks in public or private offices authorized to administer oaths and take acknowledgment of deeds, I recommend the passage of an act providing for the appointment of persons of either sex, to perform such official duties. Indeed, if further legislation be necessary to establish that principle, I suggest the justice and expediency of an enabling act recognizing the eligibility of women to office in the same manner as men ; for I know of no sufficient reason why a woman, otherwise qualified, should be excluded from any position adapted to her tastes and acquirements, which the people may desire she should fill.

The legislature passed the bill recommended by the governor.

In 1875 the Constitutional Committee, by a vote of six to two, defeated the proposition to so amend the constitution as to make women electors under the same regulations and restrictions as men.

The Maine Woman Suffrage Association held its third annual meeting at Augusta on January 12, 1876, in the hall of the House of Representatives, the use of which had been courteously extended to the association. The hall and galleries were crowded in every part with an intelligent audience, whose close attention through all the sessions showed an earnest interest in the cause.

The meeting was called to order by Judge Kingsbury of Portland, president of the association. Prayer was offered by Miss Angell of Canton,