by Jill Norgren
109. Lavinia Goodell to Sarah M. Thomas, 17 January 1879, LGP. Subsequent quotations in this paragraph cite to this letter.
110. Lavinia Goodell to Sarah M. Thomas, 28 October 1879, LGP.
111. Lavinia Goodell to Sarah M. Thomas, 14 March 1879, LGP.
112. Lavinia Goodell to Maria Goodell Frost, 5 April 1879, quoted in Frost, Life, 218. Goodell’s argument was reprinted in the CLN by Myra Bradwell. See Lavinia Goodell, “Women as Lawyers,” CLN, April 26, 1879, 260-61.
113. Lavinia Goodell to Sarah M. Thomas, 29 March 1879, LGP.
114. Application of Miss Goodell, 48 Wis. 693 (1879).
115. Lavinia Goodell, Brief for the Wisconsin State Supreme Court, The State of Wisconsin against Thomas Ingalls, Defendant, Lavinia Goodell, Attorney for the Defendant. HC4, Box 16/12, WGF.
116. Diary of Lavinia Goodell, August 22, September 20, October 29, 1879, WGF.
117. Lavinia Goodell to Sarah M. Thomas, 20 November 1879, LGP.
118. Ibid. The room was probably in the offices of attorney J. M. Bowman.
119. Lavinia Goodell to Sarah M. Thomas, 17 December 1879, LGP.
120. Frost, Life, 233.
121. In addition to Bradwell’s paper, suffrage journals, law periodicals, and various newspapers around the country printed information on Goodell. See, e.g., Item, LDJ, April 28, 1879, 2; “The Advance of Women,” Albany Journal, reprinted in CLN, April 26, 1879, 298; and “Wisconsin’s Female Lawyer,” San Francisco Chronicle, March 23, 1879, 6.
122. Last Will and Testament of Lavinia Goodell of Janesville Wisconsin, HC4, Box 13/4, WGF. Goodell wrote her will on July 7, 1879.
123. Ibid.
124. Ibid.
125. Ibid.
CHAPTER 5
1. Belva A. Lockwood, “My Efforts to Become a Lawyer,” Lippincott’s Magazine, February 1888, 216.
2. Belva A. Lockwood, “The Women Who Tried to Vote,” LDJ, May 13, 1871, 1.
3. Lockwood, “My Efforts,” 216-17.
4. Belva Ann Lockwood, “Belva A. Lockwood.” Autobiographical manuscript sent to Susan B. Anthony for Johnson’s New Universal Cyclopaedia, 24 July 1876, found in The Papers of E. C. Stanton and S. B. Anthony, 18: 938-41, LC.
5. Lockwood, “My Efforts,” 219.
6. Ibid., 221.
7. Ibid., 221. Her ambition was not completely misplaced. Willam Dean Howells, born poor and without connections, won an appointment, at the age of twenty-four, as American consul to Venice after writing Abraham Lincoln’s campaign biography.
8. “Dentistry, Dr. Lockwood,” Evening Star, August 11, 1866, 1.
9. Lockwood, “My Efforts,” 222. Jessie Belva Lockwood was born on January 28, 1869.
10. Belva Lockwood, “Old Homeweek Speech,” in “McEnteer Portrays Belva Lockwood,” Tioga County Courier, March 10, 1993, 2.
11. The Arnell bill, H.R. 1571, targeted discrimination in hiring, promotion, and salaries. A version favored by conservatives passed. Jill Norgren, Belva Lockwood (New York: New York University Press), 35-39.
12. Norgren, Belva Lockwood, 58-66.
13. Incorporation Certificate, June 30, 1876, Acts of Incorporation, Liber 2, Folio 105, D.C. Archives and Records Center. The school did not succeed, but two decades later Washington lawyers Ellen Spencer Mussey and Emma Gillett revived the idea of a professional school for women and established the Washington College of Law. The school merged in 1949 with American University.
14. Lockwood, “My Efforts,” 222. Samson’s note was dated October 7, 1869. Washington’s Morning News noted that Lockwood had attended the school’s opening-term exercises. Elmer Louis Kayser, Bricks without Straw: The Evolution of George Washington University (New York: Appleton-Century Crofts, 1970), 165.
15. Lockwood, “Women Who Tried to Vote,” 1.
16. Lockwood, “My Efforts,” 222. In 1954 National merged with George Washington University (once Columbian College).
17. Lockwood, “My Efforts,” 223.
18. Ibid., 223.
19. Diploma privilege negated the requirement of an examination to join the bar. Justice Noah Davis, of the New York Supreme Court, criticized it as “a cheap, easy and secure road to the bar.” Diploma privilege did not come to an end in New York State until 1882, following intense lobbying of the state legislature. William P. LaPiana, Logic and Experience: The Origin of Modern American Legal Education (New York: Macmillan, 1994), 87.
20. “Mrs. Belva A. Lockwood,” CLN, May 4, 1872, 236.
21. “Female Lawyers,” Evening Star, April 23, 1872, 4.
22. Lockwood, “My Efforts,” 223.
23. Belva A. Lockwood, “Women of Washington,” The Golden Age, December 21, 1872, 2.
24. Belva A. Lockwood to President Grant, 3 January 1873, Ferdinand Julius Dreer Collection (collection 175), The Historical Society of Pennsylvania. In my biography, Belva Lockwood: The Woman Who Would Be President, I incorrectly identified this letter as one written on September 3, 1873. The correct date of this first letter to Grant is January 3, 1873. The second letter was written on September 3, 1873.
25. Lockwood, “My Efforts,” 224.
26. Ibid., 224.
27. Ibid., 221.
28. Ibid., 224.
29. Lura McNall married DeForest Payson Ormes on July 3, 1879. The couple spent virtually all of their married life living with Lockwood. Clara Bennett, Belva’s niece, married William Harrison, a notary who boarded with Lockwood. After his premature death, Clara and her son stayed on at Lockwood’s house for several years.
30. Lockwood, “My Efforts,” 224.
31. Ellen A. Martin to “Dear Miss Pearce, Secretary of the Equity Club,” WL, 113.
32. Jeffrey Brandon Morris, Calmly to Poise the Scales of Justice: A History of the Courts of the District of Columbia Circuit (Durham, NC: Carolina Academic Press, 2001), xvii. In the Anglo-American system equity law follows from the principle that no right should be without an adequate remedy.
33. The Lockwood law office handled seven thousand pension cases from the 1870s through the 1890s. “Belva Lockwood Is 86 Years Old,” Evening Star, October 24, 1916, 10.
34. My survey of the relevant docket books, which is the basis of this reporting of outcomes, revealed that Lockwood was the sole attorney of record in 80 percent of her criminal cases.
35. Lockwood, “My Efforts,” 225.
36. In re Mrs. Belva A. Lockwood, Ex Parte, 9 Ct. Cl. 346, 347 (1873).
37. “An Act prescribing the Form of enacting and resolving Clauses of Acts and Resolutions of Congress, and Rules for the Construction thereof,” February 25, 1871, 16 U.S. Stat. (1871), 431.
38. 9 Ct. Cl. 346, 352.
39. Lockwood, “My Efforts,” 226.
40. Lura McNall, “Our Washington Letter,” LDJ, November 21, 1877, 2.
41. “Women as Notaries,” National Republican, December 20, 1877, 1. In Wisconsin Goodell had most trouble obtaining an appointment as a notary, while in Illinois in January 1870, Governor John Palmer rejected the petition of sixty members of the Chicago bar, asking that he appoint Myra Bradwell as a notary for Chicago. He cited coverture while commenting that otherwise he would “cheerfully” make the appointment. Jane M. Friedman, America’s First Woman Lawyer: The Biography of Myra Bradwell (Buffalo, NY: Prometheus Books, 1993), 155-56.
42. Lura McNall, “Our Washington Letter,” LDJ, January 3, 1878, 2; HWS 3: 72.
43. Lockwood, “My Efforts,” 229; “The Surprise,” LDJ, February 17, 1879, 2.
44. Supreme Court of the United States, Minutes, November 6, 1876.
45. “Belva Lockwood, 82 Years Young,” (NY) World, November 3, 1915, N5.
46. Congressional Record, Senate, February 7, 1879, 1084.
47. Ibid., 1082-83.
48. Lura McNall, “Our Washington Letter,” LDJ, May 8, 1878, 2; Lura McNall, “Our Washington Letter,” LDJ, April 12, 1878, 2.
49. “Woman’s Right to Practice before the United States Supreme Court,” LDJ, February 11, 1879, 2; Lura McNall,
“Our Washington Letter,” LDJ, February 18, 1879, 2.
50. “Admission of Women to the Bar,” CLN, February 15, 1879, 179.
51. Ibid., 179.
52. “Mrs. Lockwood’s Victory,” Woman’s Journal, April 12, 1879, 1.
53. Ibid., 1.
54. Lura McNall, “Our Washington Letter,” LDJ, March 6, 1879, 2; “Mrs. Lockwood’s Victory,” 118; and “Mrs. Lockwood’s Victory,” Washington Post, March 5, 1879, 1.
55. Brief of the Committee, 3, RG 21, Equity Case 7177, NA.
56. Nichols v. Barber, Original Bill, March 16, 1875, 1, RG 21, Law 13854, NA.
57. U.S. v. Louisa Wallace, United States Marshal’s Office, Jurors’ Recommendation, December 20, 1878, RG 21, Criminal 12529, NA.
58. Motion for a new trial, 1, RG 21, Criminal 12529, NA.
59. “Another Death Sentence,” Evening Star, April 12, 1879, 4.
60. Reform of the criminal as well as civil law code was debated in Washington in this period. Lura McNall wrote that legislation had been proposed to make rape a capital offense in the District, commenting that “something should be done for the protection of those ladies who are forced to be out at night.” LDJ, March 9, 1880, 2.
61. Horton v. Morgan, Lucy Horton to Mr. Jno. H. Morgan, 17 January 1878, 2, RG 21, Law 20954, NA.
62. U.S. v. Lucy W. R. Horton, Docket Book No. 13271, RG 21, NA.
63. Horton v. Morgan, Stenographer’s transcript, January 31 and February 4, 1880, 33, RG 21, Law 20954, NA.
64. Haywood J. Pearce Jr. Benjamin H. Hill (1928; reprint New York: Negro Universities Press, 1969), 308.
65. “Jessie Raymond’s Charge against Hon. B. H. Hill,” Evening Star, March 3, 1880, 1.
66. Raymond v. Hill, Notice to Plead, February 27, 1880, 1, RG 21, Law 21680, NA.
67. Raymond, Declaration, affidavit & notice to plead, March 2, 1880, RG 21, Law 21680, NA.
68. “A Sharp Letter,” Syracuse Standard, reprinted in LDJ, March 17, 1880, 2.
69. “The Raymond-Hill Scandal,” Evening Star, March 23, 1880, 1.
70. “Jessie Raymond and Tommy,” Evening Star, March 26, 1880, 1; “A Denial from Senator Hill,” Evening Star, April 23, 1880, 1.
71. “Original Bills and a few other items considered, December 12, 1879-January 7, 1880,” H.R. 2623, 46th Cong., 2d Sess. Stow’s proposal was introduced as “An Act to Regulate Estates in the District of Columbia and in the Territories of the United States.”
72. Testimony of Belva A. Lockwood, December 16, 1879, in Behalf of the Widow’s and Orphan’s Bill, reprinted in the Woman’s Herald of Industry, December 1884, 2.
73. For a full discussion of these issues, see Norgren, Belva Lockwood, chapter
74. HWS 3: 5.
75. Norgren, Belva Lockwood, 122-23.
76. Charles DeBenedetti, The Peace Reform in American History (Bloomington: Indiana University Press, 1980), 60.
77. Wendy E. Chmielewski, “Yours, for Radical Peace: The Universal Peace Union, 1866-1913.” Paper presented at the Conference on Social and Political Movements, Indiana Association of Historians, February 1998, 2-3.
78. “Publications,” December 12, 1889, Universal Peace Union, Reel 13:3, SCPC; “Petition” from Jacob M. Troth, Daniel Breed, Belva A. Lockwood, and Chalkley Gillingham to Rutherford B. Hayes, January 15, 1879, Misc. Letters of the Department of State, 1784-1906, RG 59, NA.
79. “Stow’s Response to ‘Please Take It Down,’” Women’s Herald of Industry, August 1884, 1.
80. A full discussion of Lockwood’s two presidential campaigns, and platforms, may be found in Norgren, Belva Lockwood, chapters 10 and 12.
81. Belva A. Lockwood to Munsey Bull, 19 November 1899, Bull Family Letters, Bancroft Library, University of California.
82. Cherokees of North Carolina v. Cherokees of Indian Territory, Equity 4627, RG 21, NA. 9.
83. Ct. Cl. Cong. Jurisdiction Docketbook, vol. 2 (May 4, 1900-July 1, 1902), 196, RG 205, NA.
84. Kaiser v. Stickney, 131 U.S. clxxxvii Appx. (1889: “Cases Omitted”); U.S. Supreme Court, Minutes, January 16-18, 1906, RG 267, M215, Roll 24, NA; United States v. Cherokee Nation, 202 U.S. 101 (1906).
85. Lockwood to Colby, 18 May 1905, Clara Colby Papers, State Historical Society of Wisconsin.
86. For a full discussion of Lockwood’s Eastern Cherokee case see Norgren, Belva Lockwood, 204-15.
87. Ibid., 223.
88. Belva A. Lockwood to Lella Gardner, 7 April 1912, Belva A. Lockwood Papers, SCPC; “In the matter of the Mary Gage case,” 1912, Belva A. Lockwood Papers, SCPC.
CHAPTER 6
1. Barbara Babcock, Woman Lawyer: The Trials of Clara Foltz (Stanford, CA: Stanford University Press, 2011), 4.
2. Ibid., 5.
3. Ella Sterling Cummins, “Clara S. Foltz, History of Her Life, Struggles, and Success,” San Jose Daily Mercury, October 15, 1884, 3.
4. Babcock, Woman Lawyer, 7.
5. Ibid., 14-15.
6. Barbara Allen Babcock, “Clara Shortridge Foltz: Constitution-Maker,” Indiana Law Journal 66 (1991): 866.
7. HWS 3: 752, 755-56.
8. Babcock, Woman Lawyer, 14.
9. Ibid., 18.
10. Ibid., 19.
11. The statute that Tator and, later, Foltz and her allies sought to change was 1851 Cal. Stat., ch. 1, Sect. 275, at 64. For background on Tator, see HWS 3: 757 and Jennifer A. Drobac, “In Search of Nettie C,” a paper submitted to the seminar on Women’s Legal History, Stanford Law School, 1998, available at http://wlh-static.law.stanford.edu/papers/LutesN-Drobac98.pdf.
12. Van Valkenburg v. Brown, 43 Cal. 43 (January 1872).
13. HWS 3: 757.
14. The discussion of the Woman Lawyer’s Bill draws upon Babcock, Woman Lawyer, 22-30.
15. Belva A. Lockwood, “My Efforts to Become a Lawyer,” Lippincott’s Magazine, February 1888, 229.
16. Babcock, Woman Lawyer, 23.
17. 1851 Cal. Stat., ch. 1, Sect. 275, at 64 (old code); 1878 Cal. Stat., ch. 600, Sections 1-3 at 99 (amended).
18. Babcock, Woman Lawyer, 31.
19. Ibid., 33.
20. Ibid., 34.
21. Babcock, “Clara Shortridge Foltz,” 878-94.
22. Babcock, Woman Lawyer, 42.
23. Ibid., 41.
24. Ibid. 44.
25. Cal. Const. art. xx, Section 18 (1879). Foltz and Gordon believed that the amendment might aid their lawsuit, bring practical benefits to women, or, at least, prevent a future session of the legislature from repealing the Woman Lawyer’s Act. Babcock, Woman Lawyer, 47.
26. Babcock, Woman Lawyer, 47-48.
27. Babcock, “Clara Shortridge Foltz,” 894-99. The education clause read, “No person shall be debarred admission to any of the collegiate departments of the University on account of sex.”
28. Babcock, Woman Lawyer, 49.
29. Ibid., 49.
30. Ibid., 55.
31. Ibid., 57.
32. “Mrs. Marion Todd,” in Frances E. Willard and Mary A. Livermore, eds., A Woman of the Century (Buffalo, NY: C. W. Moulton, 1893), 718-19.
33. Babcock, Woman Lawyer, 59, citing to “Woman at the Bar: The First Female Lawyer of the Pacific Coast,” San Francisco Chronicle, January 30, 1879, 3, and Editorial, Albany Law Journal 54 (March 7): 1896.
34. Babcock, Woman Lawyer, 63.
35. Ibid., 64.
36. E.g., Comments of the chief justice in the Hastings case; appraisal of law Professor. Barbara Babcock, Woman Lawyer, 65.
37. Ibid., 85. Maguire ran for governor in 1898, and lost.
38. Ibid., 65.
39. Ibid., 75.
40. Ibid., 76.
41. People v. Saldez. No citation is available.
42. Ibid., 90.
43. Babcock, Woman Lawyer, 89.
44. Ibid., 89.
45. Ibid., 161.
46. Ibid., 66. This would be about sixty thousand dollars calculated at today’s worth.
47. Ibid., 68.
48. Ibi
d., 94.
49. Ibid., 94.
50. Ibid., 94.
51. Ibid., 96.
52. Ibid., 97.
53. Ibid., 104, 125-26.
54. Ibid., 100-101.
55. Ibid., 100-101.
56. For the complete story of Maria Ruiz Burton and her claim, see Babcock, Woman Lawyer, 110-17.
57. Babcock, Woman Lawyer, 117; Editorial, San Diego Bee, September 18, 1887.
58. Babcock, Woman Lawyer, 118.
59. Ibid., 121-24. This was the Arvilla and Richard White case.
60. Ibid., 129.
61. “Hon. William F. Aldrich,” Peacemaker 16 (1898): 154-56. The need for public defenders was being discussed in socialist and utopian circles. Aldrich had written about the idea in the January 1890 issue of WNLU’s Liberal Thinker. Foltz followed her appeal for an office of public defender with an impromptu attack on the suffrage movement, arguing that women’s indifference was “the main barrier to success.” Babcock, Woman Lawyer, 258.
62. Matilda Joslyn Gage, ed., Woman’s National Liberal Union: Report of the Convention for Organization, February 24th and 25th, 1890 (Syracuse, NY: Masters and Stone Publisher, 1890), 78.
63. Babcock, Woman Lawyer, 137.
64. Ibid., 137.
65. Ibid., 138.
66. Ibid., 142.
67. “Women Lawyers at the Isabella Club House,” CLN, August 26, 1893, 451.
68. Ibid., 451.
69. Clara Foltz, “The Evolution of the Law,” Albany Law Journal 48 (1893): 345.
70. Babcock, Woman Lawyer, 226.
71. Ibid., 226. The talk is fully explored on pages 226-31. The subsequent discussion draws on this text.
72. Ibid., 305.
73. “Women in the Law Reform Congress,” CLN 25 (1893): 435.
74. Babcock, Woman Lawyer, 307. Subsequent quotations are from 307-11.
75. Ibid., 309.
76. Ibid., 310.
77. Ibid., 311.
78. Ibid., 311.
79. Ibid., 309.
80. 372 U.S. 335, 341-45 (1963). See also Powell v. Alabama, 287 U.S. 45, 71 (1932).
81. Ibid., 152.
