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IX.
“VERY MUCH FATIGUED.”

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The newspapers say that the Wyoming ladies, after their first trial of jury-duty, looked very much fatigued. Well, why not?

Is it not the privilege of their sex to be fatigued? Is it not commonly said to be one of their most becoming traits? “The strength of womanhood lies in its weakness,” and so on; and, if emancipation does not destroy this lovely debility, it is not so bad, after all. If a graceful languor is desirable, then the more of it the better. Instead of the women’s coming out of the jury-box like Amazons, they simply came out so many tired women. They were not spoiled into strength, but “very much fatigued.”

In London or New York, now, this fatigue might have come from six hours of piano-practice, from a day’s shopping, from a night’s “German.” Then the fatigue would be held to be charming and womanly. But to aid in deciding on the guilt or innocence of a fellow-creature, perhaps a fellow-woman,—is that the only pursuit in which fatigue becomes disreputable?

Consider at any rate that in Wyoming Territory these more genteel and feminine forms of fatigue are as yet rare. Pianos are doubtless scarce; in the shops whiskey is the only thing not scarce; “Germans” are uncommon, except in the shape of wandering miners who are looking for other shafts than those of Cupid. Thus cut off from city frivolities, may not the Wyoming ladies be allowed for a while to tire themselves with something useful? Let them have their court duties until good society and “feminine” amusements arrive. Let them at least be serviceable till they can be ornamental—as the English member of Parliament declared that until a man knew which way his interest went, he was justified in temporarily voting according to his conscience.

“Very much fatigued?” How does jury-duty affect men? Is there any thing against which they so fight and struggle? It is recognized by the universal masculine heart as the greatest bore known under civilization. There is nothing which a man will not do in preference. He will go to church twice on a Sunday, he will abjure tobacco for a week, he will over-state his property to the assessor, he will speak respectfully of Congress, he will go without a daily newspaper, he will do any self-devoted and unmasculine thing—if you will only contrive in some way to leave him off the jury-list. If these things are done in the dry tree, what shall be done in the green? That which experienced men hate with this consummation of all hatred, shall inexperienced women endure without fatigue? It is wrong to claim for them such unspeakable superiority.

Look at a jury of men when they re-appear in court after a long detention on a difficult case. What a set of woe-begone wretches they are! What weary eyes, what unkempt hair, what drooping and dilapidated paper collars! Not all the tin wash-basins and soap, not all the crackers and cheese, provided by the gentlemanly sheriff, enable them to look any thing but “very much fatigued.” Shall women look more forlorn than these men? No: so long as women are women, they will contrive during the most arduous jury duties to “do up” their hair, they will come provided with unseen relays of fresh cuffs and collars, and out of the most unpromising court-room arrangements they will concoct their cup of tea. Who has not noticed how much better a railway detention or a prolonged trip on a steamboat is borne, in appearance at least, by the women than the men? Fatigued! How did the jury-men look? Probably the jury-women, when they bade his Honor the Judge good-morning, looked incomparably fresher than their companions.

At any rate, when we think what things women endured that they might nurse our sick soldiers, how they had to spend day and night where they might possibly inhale tobacco, probably would hear swearing, and certainly must brave dirt; when we think that they did these things, and were only “very much fatigued,”—why should we fear to risk them in a court-room? Where there is wrong to be righted, innocence to be vindicated, and guilt to be wisely dealt with,—there make room for woman, and she will not shrink from the fatigue. “For thee, fair justice! welcome all,” as Sir William Blackstone remarked, when he stopped being a poet and began to be a lawyer.

Common Sense About Women

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