“The position of lawyer was an office exercisable only by males.”

“The position of lawyer was an office exercisable only by males.”

Court of Appeals of Turin, Italy in ordering the disbarment of Lidia Poët, Italy’s first woman lawyer, in 1883

When Lavinia Goodell was denied the right to appear before the Wisconsin Supreme Court in 1876, the Chief Justice wrote that by appearing in court a woman would “unsex” herself and commit “treason against nature.” Lidia Poët, Italy’s first woman lawyer, was subjected to very similar sentiments by an Italian court in the early 1880s.

Lidia Poët

Lidia Poët was born in 1855. After high school, she enrolled in law school at the University of Turin. She graduated with honors and wrote a thesis titled “Condition of women with respect to constitutional law and administrative law in elections.”  For two years she was an apprentice in the office of a progressive senator and lawyer. In 1883 she passed a bar exam and asked the Order of Turin to admit her to the register of attorneys. Her request was granted, by a vote of 8 to 4, but two of the naysayers were so outraged that they resigned from the Order in protest.

The Attorney General of the King challenged Lidia’s registration. An appellate court ruled against Lidia and cancelled her registration. It said that even though the law regulating the legal profession did not expressly exclude women, since it did not expressly say they were included, women could not practice law.  

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“Lydia Maria Child has a good letter to the editor.”

“Lydia Maria Child has a good letter to the editor.”

Clarissa Goodell to Lavinia Goodell, March 3, 1866

Best known for her Thanksgiving poem “Over the river and through the woods,” Lydia Maria (pronounced Mar – eye – ah, the same pronunciation as Lavinia Goodell’s sister Maria Goodell Frost’s name) Child was an  influential nineteenth century woman author. She was also an ardent abolitionist who was well known to Lavinia Goodell and her family. (In an 1861 letter, Child mentioned Lavinia’s father William, complimenting the  “close, hard logic of Goodell.”)

Lydia Maria Child

Child was born Lydia Maria Francis in Massachusetts in 1802.  She wrote her first book at age 22, Hobomok, A Tale of Early Times, a scandalous novel for its time telling the story of a Native American warrior who fell in love with a white woman. Child’s rapidly rising literary star gained her friends in the highest pantheons of literature, including Edgar Allen Poe and John Greenleaf Whittier. Children’s books and a children’s magazine, The Juvenile Miscellany, followed.

In 1828, she married David Lee Child, an idealistic lawyer, writer, abolitionist, and believer in women’s rights. His reckless business ventures condemned the couple to a life of debt, and the money Maria earned from her writing barely kept them afloat.  

In the early 1830s, the Childs met William Lloyd Garrison and became active in the antislavery movement, a commitment shared by the Goodell family.

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“The devil has come down in great wrath knowing that his time is short.”

“The devil has come down in great wrath knowing that his time is short.”

Lavinia Goodell, February 29, 1872

In early 1872, media accounts – especially on the east coast – were abuzz with the scandalous story that a woman had been allowed to preach in a Brooklyn Presbyterian church. The brazen woman in question was Sarah Smiley, a Quaker.

Sarah Smiley

Ms.  Smiley was born in Maine in 1830. She initially wanted to become a teacher but after the Civil War went South to “relieve human suffering.” She later began speaking to audiences and eventually was invited to speak in liberal-minded churches. In January 1872 she became the first woman to ever speak in a Presbyterian church when Rev. Theodore Cuyler invited her to address his congregation in Brooklyn. Rev. Cuyler had lived with Quakers and had been invited to address a Friends revival meeting in Brooklyn, so in return he invited Ms. Smiley to speak from his pulpit on a Sunday evening.

By all accounts Ms. Smiley’s address was well received (she spoke about the vision of Jacob wrestling with an angel), and it is unlikely that either she or Rev. Cuyler could have anticipated the firestorm that soon followed.  Two days after the event a scathing letter signed by Jon Edwards appeared in the Brooklyn Daily Eagle. Mr. Edwards accused Rev. Cuyler of “degrading the teachings of St. Paul.” He wrote:

This is no time to encourage even in the remotest way the pretensions of those graceless women who are engaged in the unholy work of turning society upside down, and whom I hear in our families and social gatherings, ridiculing St. Paul as an old Jewish bachelor, unworthy of respect.

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“Heard Dr. Whiting on the women’s temperance movement.”

“Heard Dr. Whiting on the women’s temperance movement.”

Lavinia Goodell, April 26, 1874

Lavinia Goodell and her parents were members of the Congregational Church in Janesville, Wisconsin, and she had a cordial relationship with the church’s pastors. While she became close friends with Rev. T.P. Sawin, who was the same age as Lavinia and arrived in 1876, she was also very fond of Sawin’s predecessor, Dr. Lyman Whiting.

Dr. Lyman Whiting

In addition to his church obligations, Dr. Whiting and his wife actively supported Janesville’s temperance crusade. In late April 1874, Lavinia’s diary entry notes that she had gone to hear Dr. Whiting speak about temperance.

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“There is going to be a big time here in N.Y. when the 15th Amendment has become a law.”

“There is going to be a big time here in N.Y. when the 15th Amendment has become a law.”

Lavinia Goodell, March 6, 1870

The 15th Amendment, which provides, “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude,” was ratified in early 1870.  Lavinia Goodell had grown up in a staunchly abolitionist family and had assisted her father in publishing the anti-slavery newspaper the Principia during the Civil War. The Goodells found the passage of the 15th Amendment a great cause for celebration.

Lavinia wrote to her parents, “There is going to be a big time here in N.Y. when the 15th Amendment has become a law.”

New York Daily Herald, April 10, 1870
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“Miss Lily Peckham is now preparing herself for the ministry.”

“Miss Lily Peckham is now preparing herself for the ministry.”

Juniata Sentinel (Mifflintown, Pennsylvania), January 4, 1871

A previous post discussed Lily Peckham (1843-1871), who was active in the woman’s rights movement and who may or may not have briefly practiced law in Milwaukee.

Lily maintained a busy schedule in the last two years of her life. According to newspaper accounts, she attended and spoke at women’s rights conventions in Chicago, St. Louis, Boston, New York, and Providence, R.I. Reporters complimented her speeches but also commented on her appearance, with the Chicago Evening Post referring to her as “the beautiful and bewitching Milwaukee lawyeress,” and an Iowa newspaper touting her “lady-like appearance and manner and intellectual cast of features.”

Lily contributed to and was a Milwaukee agent for the Revolution, the official publication of the National Woman Suffrage Association formed by Elizabeth Cady Stanton and Susan B. Anthony to secure a suffrage through a federal constitutional amendment.

The Revolution, Nov. 4, 1869
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“Went to inquire about Lily Peckham.”

“Went to inquire about Lily Peckham.”

Lavinia Goodell, June 3, 1874

In the weeks leading up to Lavinia Goodell’s admission to practice law in Rock County, Wisconsin circuit court, she had begun to despair whether she would ever get the opportunity to take the bar examination. The lawyer who was supposed to move her admission seemed to be dragging his feet, and no one knew whether the judge would allow a woman to take the exam. (Read more about all that here.) In her efforts to get the chance to be examined, Lavinia mustered all the ammunition she could. Her June 3, 1874 diary entry noted that she first went to see a Mrs. Newman (according to the 1876 Janesville city directory, Mrs. Newman was possibly a Janesville dentist’s wife) and then wrote to the Milwaukee County circuit court clerk to “inquire about Lily Peckham,” a young woman who, according to some accounts, had briefly practiced law in Milwaukee prior to dying in 1871 at age 28.

Elizabeth (Lily) Peckham’s grave, Forest Home Cemetery, Milwaukee, Wisconsin

We do not have the Milwaukee clerk’s response, but there is no record that Lily Peckham ever asked the Milwaukee court to admit her to practice law. In fact, finding any information about Peckham is a challenge. The problem starts with her name. While her birth name was Elizabeth, contemporary sources alternately referred to her as Lily, Lilly, Lillie, Lila, Lilia, and Lillian.  Through a great deal of persistence and a little luck (a helpful hint to all historical researchers: always try multiple spellings of names), we have been able to piece together parts of Peckham’s biography. She was clearly an intelligent and able young woman who accomplished a great deal in her short life – although it is unclear whether she ever practiced law.

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“The Old Maids’ Convention, under the title of Woman’s Rights, met at Syracuse yesterday.”

“The Old Maids’ Convention, under the title of Woman’s Rights, met at Syracuse yesterday.”

Brooklyn Daily Eagle, August 16, 1855

Lavinia Goodell worked tirelessly for women’s rights in the 1870s, and she encountered a fair amount of resistance to her views from both men and women. But even though Lavinia struggled to win people over to her cause, societal attitudes toward women’s roles had already evolved considerably from the 1850s when Lucy Stone, one of Lavinia’s mentors, began advocating for equal rights for women.

Lucy Stone

Lucy Stone was born in Massachusetts in 1818. In 1850, she helped organize multiple women’s rights conventions. A convention held in Salem, Ohio in April declared: “The laws should not make a woman a mere prisoner on the bounty of her husband, thus enslaving her will, and degrading her to a condition of absolute dependence.”

The Liberator, a publication edited by William Lloyd Garrison, announced a convention to be held in Worcester, Massachusetts in October 1850 and said, “The signs are encouraging; the time is opportune.” The announcement continued:

Woman has been condemned, from her greater delicacy of physical organization, to inferiority of intellectual and moral culture, and to the forfeiture of great social, civil and religious privileges…. But, by the inspiration of the Almighty, the beneficent spirit of reform is roused to the redress of those wrongs.

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