--to the
universal and unbroken practical construction given to the
constitution of this State and to that of the Commonwealth of
Massachusetts upon which that of this State was modeled, we are
led to the inevitable conclusion that it was never in the
contemplation or intention of those framing our constitution that
the offices thereby created should be filled by those who could
take no part in its original formation, and to whom no political
power was intrusted for the organization of the government then
about to be established under its provisions, or for its
continued existence and preservation when established.

The same process of reasoning which would sanction the conferring
judicial power on women under the constitution would authorize
the giving them executive power by making them sheriffs and
major-generals. But while the offices enacted by the constitution
are to be filled exclusively by the male members of the State, we
have no doubt that the legislature may create new ministerial
offices not enumerated therein, and if it deem expedient, may
authorize the performance of the duties of the offices so created
by persons of either sex.

To the _first_ question proposed, we answer in the negative.

To the _second_, we answer that it is competent for the
legislature to authorize the appointment of married or unmarried
women to administer oaths, take acknowledgment of deeds or
solemnize marriages, so that the same shall be legal and valid.

JOHN APPLETON, JOHN A. PETERS,
JONAS CUTTING, WM. WIRT VIRGIN,
CHARLES DANFORTH.

The dissenting opinion was as follows:

We, the undersigned, Justices of the Supreme Judicial Court,
concur in so much of the foregoing opinion as holds that it is
competent for the legislature to authorize the appointment of
women to administer oaths, take the acknowledgment of deeds and
solemnize marriages. But we do not concur in the conclusion that
it is not equally competent for the legislature to authorize the
appointment of women to act as justices of the peace.

The legislature is authorized to enact any law which it deems
reasonable and proper, provided it is not repugnant to the
constitution of this State, nor to that o