Samantha Among the Brethren, Complete by Marietta Holley (booksvooks .TXT) π
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- Author: Marietta Holley
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ADDRESS OF JUDGE Z. P. TAYLOR.
Mr. President and Gentlemen, when elected a delegate I had no opinion on the constitutional question here involved. But I had then, and I have now, a sympathy for the women, and a profound admiration of their work. No man on this floor stands more ready and more willing to assist them by all lawful and constitutional means to every right and and to every privilege enjoyed by men.
But, sir, notwithstanding this admiration and sympathy, I cannot lose sight of the vital question before the General Conference now and here.
That question is this: Under the Constitution and Restrictive Rules of the Methodist Episcopal Church are women eligible as lay delegates in this General Conference? If they are, then this substitute offered by Dr. Moore does them an injustice, because it puts a cloud upon their right and title to seats upon this floor. If they are not, then this body would be in part an unconstitutional body if they are admitted.
It follows that whoever supports this substitute either wrongs the elect ladies or violates the Constitution. If they are constitutionally a part of this body, seat them; if they are not, vote down this substitute, and adopt the report of the committee, with the amendment of Dr. Neely, and then let them in four years hence in the constitutional way. After the most careful study of the vital question in the light of history, ecclesiastical, common, and constitutional law, it is my solemn and deliberate judgment that women are not eligible as lay delegates in this body.
Facts, records, and testimonials conclusively prove that in 1868, when the General Conference submitted the matter of lay delegation to the entire membership of the Church, the idea of women being eligible was not the intent. The intent was to bring into the General Conference a large number of men of business experience, who could render service by their knowledge and experience touching the temporal affairs of the Church. When the principle of admitting lay delegates was voted upon by the laity, this idea, and no other, was intended. When the Annual Conferences voted for the principle and the plan, this and this only was their intent.
When the General Conference, by the constitutional majority, acted in favor of admitting the lay delegates provisionally elected, this idea, and none other, actuated them. It was not the intent then to admit women, but to admit men only, and the intent must govern in construing a Constitution.
Dr. Fisk said Judge Cooley is a high authority on constitutional law. I admit it, and am happy to say that I was a student of his over a quarter of a century ago, and ever since then have studied and practised constitutional law, and I am not here to stultify my judgment by allowing sentiment and impulse to influence my decision.
Those opposing the report of the committee, with few exceptions, admit that it was not the intent and purpose, when the Constitution and Restrictive Rules were amended, to admit women as lay delegates. They claim, however, that times have changed, and now propose to force a construction upon the language not intended by the laity, the Annual Conferences, or the General Conference at the time of the amendment. Can this be done without an utter violation of law? I answer, No.
In the able address read by Bishop Merrill, containing the views of the Board of Bishops, he says:
βFor the first time in our history several 'elect ladies' appear, regularly certified from Electoral Conferences, as lay delegates to this body. In taking the action which necessitates the consideration of the question of their eligibility, the Electoral Conferences did not consult the Bishops as to the law in the case, nor do we understand it to be our duty to define the law for these Conferences; neither does it appear that any one is authorized to decide questions of law in them. The Electoral Conferences simply assumed the lawfulness of this action, being guided, as we are informed, by a declarative resolution of the General Conference of 1872, defining the scope of the word 'laymen,β in answer to a question touching the classification and rights of ordained local and located ministers. Of course, the language of that resolution is carried beyond its original design when applied to a subject not before the body when it was adopted, and not necessarily involved in the language itself. This also should be understood, that no definition of the word 'laymen' settles the question of eligibility as to any class of persons, for many are classed as laymen for the purposes of lay representation, and have to do with it officially as laymen, who are themselves not eligible as delegates. Even laymen who are confessedly ineligible, who are not old enough to be delegates, or have not been members long enough, may be stewards, class-leaders, trustees, local preachers and exhorters, and, as such, be members of the Quarterly Conference, and vote for delegates to the Electoral Conference without themselves being eligible.
βThe constitutional qualifications for eligibility cannot be modified by a resolution of the General Conference, however sweeping, nor can the original meaning of the language be enlarged. If women were included in the original constitutional provision for lay delegates, they are here by constitutional right. If they were not so included, it is beyond the power of this body to give them membership lawfully, except by the formal amendment of the Constitution, which cannot be effected without the consent of the Annual Conferences. In extending to women the highest spiritual privileges, in recognizing their gifts, and in providing for them spheres of Christian activity, as well as in advancing them to positions of official responsibility, ours has been a leader of the Churches, and gratefully do we acknowledge the good results shown in their enlarged usefulness, and in the wonderful developments of their power to work for God, which we take as evidences of the divine approval of the high ground taken. In all reformatory and benevolent enterprises, especially in the Temperance, Missionary, and Sunday-school departments of Church-work, their success is marvellous, and challenges our highest admiration. Happily no question of competency or worthiness is involved in the question of their eligibility as delegates. Hitherto the assumption underlying the legislation of the Church has been that they were
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