“Little by little, but all the time, we are gaining essential rights.”

“Little by little, but all the time, we are gaining essential rights.”

Woman’s Journal, March 1877

March 8 is Women’s History Day. By happy coincidence, March 8 is also the anniversary of the day that Wisconsin’s governor signed into law legislation drafted by Lavinia Goodell allowing women to practice law in the state.

After Lavinia’s petition to be allowed to practice before the Wisconsin Supreme Court was denied in early 1876 (read more about that here), Lavinia drafted legislation that permitted people of both genders to practice law. Her Janesville colleague John Cassoday , who was speaker of the assembly, introduced the bill for her. In early 1877, Lavinia took the train to Madison where Cassoday introduced her to legislators, although the meetings apparently got off to an inauspicious start. On February 6, Lavinia noted in her diary, “Spent a stupid afternoon in Cassoday’s room waiting for men to come to me and finally had  go to them.”

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“He paid me $5.00 – my first fee here.”

“He paid me $5.00 – my first fee here.”

Lavinia Goodell, December 17, 1879

As 1879 drew to a close, Lavinia Goodell found herself depressed and in ill-health. Her move to Madison (read more here) had not gone as planned. On Wednesday, December 17 Lavinia wrote a 12-page letter to her cousin Sarah Thomas in which she poured out her frustrations.

Lavinia did have one piece of good news. She had won her first case in Madison. “One ray of sunlight has broken in upon my darkness. I won my case in justice court; beat Carpenter (a well known attorney and law professor) all to flinders – if I do say it ‘as hadn’t ought to.'”

Lavinia went on:

I sent you a “Democrat” (a daily Madison newspaper) with some account of it. The Journal didn’t condescend to notice it. I am glad if I seemed bright & witty, tho’ I didn’t feel so. Anyway everybody in the room seemed favorably impressed. There were a whole squad of young law students there, pupils of Carpenter, … and they were delighted to see me give it to the old fellow & just laughed & applauded. It must have been rather galling to him, especially as he is opposed to women lawyers, & has spoken disparagingly of my abilities. So much the worse for him now! If I am inferior & yet can beat him, where is he? Maybe he will be careful what he says for a while now.

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“Hark! Is that the step of my first client that I hear approaching my door?”

“Hark! Is that the step of my first client that I hear approaching my door?”

Lavinia Goodell, July 14, 1874

Immediately after being admitted to practice law on June 17, 1874, Lavinia Goodell took steps to open a legal practice. She had hoped to join Pliny Norcross and A. A. Jackson in their practice, but while Norcross was willing to allow her to share their offices, Jackson was not, so Lavinia told her sister, “I shall have to give up that little scheme.” However, as luck would have it, there were empty rooms for rent on the same floor of the Tallman Building as Jackson & Norcross, and Lavinia engaged one of those offices for $33.33 per annum, to be paid by the month.

Tallman Block, site of Lavinia’s first law office

Lavinia described her office:

A rather small room, but about right, with two east windows, and a small closet out of it. I have bought Mr. Hoppin’s desk, which Rebecca was glad to sell for $10.

My office is prettily furnished, and everybody says it looks pleasant. I have a pink straw matting on the floor, the one that was on my bedroom last summer, turned the other side up. Mr. Hoppin’s desk varnished over, a carpet lounge, two rocking and three arm chairs, a table on which reposes my small library. (Gerrit Smith sent her $20 to put toward her library.) And in the closet, mirror, washstand, toilet articles…. All I want now is a few good clients, which I hope the good Providence, which has always provided so well for me, will send.

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“The middle aged, grey headed individual who now addresses you is an honorable member of the Wisconsin bar.”

“The middle aged, grey headed individual who now addresses you is an honorable member of the Wisconsin bar.”

Lavinia Goodell, June 18, 1874

On the evening of Wednesday, June 17, 1874, after successfully passing a rigorous examination administered by three elder statesmen, Lavinia Goodell made history by being sworn in as Wisconsin’s first woman lawyer. The following day she wrote a long letter to her cousin Sarah Thomas. Lavinia’s own words recount the excitement of the event far better than any summary could do:

My Dear Girl,

The middle aged, grey headed individual who now addresses you is an honorable member of the Wisconsin bar. I was admitted last night, and am still in the first enthusiastic glow of happiness produced thereby.

I was in agony of impatient suspense all day Tuesday and Wednesday. Spent the time at the office, so as to get the latest intelligence from court, and devoted myself to reviewing.

Wednesday about 5 p.m. Mr. ___ came down from court saying that the prospect looked dubious. One case was finished, but they were rushing another one and he did not know when they would get time to attend to us. But he said that the young man from Beloit had come, and perhaps I had better go up and see him, and see if we could get the judge to approve a time.

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“I am bound to get in if I climb up the roof and go down the chimney.”

“I am bound to get in if I climb up the roof and go down the chimney.”

Lavinia Goodell, June 8, 1874

During the first two weeks of June 1874, Lavinia Goodell’s mind was consumed with plans to take the bar examination so that she could be admitted to practice law in Wisconsin. It was not clear until an hour prior to the examination on June 17 whether she would actually be allowed to sit for it. In a June 8 letter to her cousin Sarah Thomas, Lavinia wrote:

Have passed through some mental excitement since I wrote you last. I write you in my last letter Tuesday that I had made an attempt to have an application made for my admittance, but the man from whom I expected aid failed me. Wednesday morning when I went downtown, I was informed that the reason was because some of the lawyers, who were on intimate terms with the judge, had told him that the judge had intended to refuse me, on account of my sex, so he thought he would wait and consult me, as perhaps I would prefer to back out, and so avoid the “mitten.” (To “get the mitten” was to be rejected.)

I was very much stirred up by this piece of news and informed him that I would be admitted to the bar of Wisconsin, if I lived a few years longer, and that if Judge Conger refused me I would make him sorry for it before I had done with him, together with some other plucky and strong minded remarks, indicative of an intensely martial state of mind.

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“Lavinia Goodell is a shrewd, quick-witted girl, fond of humor, studious and argumentative.”

“Lavinia Goodell is a shrewd, quick-witted girl, fond of humor, studious and argumentative.”

Lippincott’s Magazine, March 1879

Lavinia Goodell received a fair amount of national media attention during the years she practiced law in Wisconsin. While precise numbers are virtually impossible to come by, it is fair to say that when Lavinia was admitted to practice law in the summer of 1874 there were fewer than a dozen women lawyers in the entire country. The novelty of her admission made her newsworthy, and her epic battle with Chief Justice Ryan in which she sought to be admitted to practice before the Wisconsin Supreme Court generated many columns of ink.

The March 1879 issue of Lippincott’s Magazine contained a profile of Lavinia written by someone identified only by the initials M.W.P.

The identity of the author is unknown, but he or she evidently knew Lavinia during the time she worked at Harper’s Bazar (1867 to 1871). The piece gave one of the most detailed descriptions of Lavinia’s appearance and personality:

When I first knew Miss Goodell, she was employed in a literary way in the office of Harper’s Bazar – a shrewd, quick-witted girl, fond of humor, studious and argumentative. In person she was of medium height, but looking tall from her slender, erect figure, blue-eyed, and with light brown curling hair.

From Lippincott’s Magazine March 1879
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“Went down street. Got my business cards.”

“Went down street. Got my business cards.”

Lavinia Goodell, June 18, 1874

The William Goodell Family papers, housed in the Special Collections and Archives at Berea College in Berea, Kentucky, contain hundreds of letters written or received by Lavinia Goodell, starting from her teenage years in the 1850s and continuing until her death in 1880. In addition, the papers include scores of letters to and from other family members, some of which mention Lavinia. A recent visit to Berea College turned up an exciting – and never before seen – find: a business card that Lavinia had printed just days after her admission to the bar in June 1874.

After passing a rigorous examination in the early evening of June 17, 1874, Lavinia was eager to begin practicing law. Her diary entry for the next day reads, “After tea went down street, got mail and called at Gazette office to get cards printed.” She picked up her business cards three days later.

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“You had become a person in the eyes of the Wis. Supreme Court.”

“You had become a person in the eyes of the Wis. Supreme Court.”

Emma Brown letter to Lavinia Goodell, July 11, 1879

Emma Brown, publisher of the Wisconsin Chief temperance newspaper, helped give Lavinia Goodell’s nascent legal career a boost in the summer of 1874.

Emma was born in Auburn, New York in 1827.

Emma Brown

In 1849, Emma and her brother, Thurlow W. Brown, became co-publishers and co-editors of the Cayuga Chief, a temperance newspaper. By 1857, the Browns had relocated to Wisconsin, purchased assets of a defunct Jefferson newspaper and renamed their paper the Wisconsin Chief. Emma Brown supplemented their income by operating a printing shop.

Thurlow Brown was a sought after speaker, and the Chief reprinted many of his speeches. Emma rarely signed her contributions to the paper. When Thurlow died in 1866, few expected the  Chief to survive, but Emma Brown not only soldiered on, she made the paper her own and  began to use it to promote women’s rights.

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