An Account of the Proceedings on the Trial of Susan B. Anthony, on the Charge of Illegal Voting, at the Presidential Election in Nov., 1872, and on the Trial of Beverly W. Jones, Edwin T. Marsh, and William B. Hall, the Inspectors of Election by Whom Her Vote was Received.Anonymous
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An Account of the Proceedings on the Trial of Susan B. Anthony, on the Charge of Illegal Voting, at the Presidential Election in Nov., 1872, and on the Trial of Beverly W. Jones, Edwin T. Marsh, and William B. Hall, the Inspectors of Election by Whom Her Vote was Received.
Anonymous
Anthony, Susan B. (Susan Brownell), 1820-1906 -- Trials, litigation, etc.; Election law -- United States; Women -- Suffrage -- United States
under the 14th Amendment, the claim must be of a right pertaining to
citizenship of the United States, and that the claim made by her did
not come within that class of cases. Mr. Justice Bradley and Mr.
Justice Field held that a woman was not entitled to a license to
practice law. It does not appear that the other Judges passed upon that
question.
The 14th Amendment gives no right to a woman to vote, and the voting by
Miss Anthony was in violation of the law.
If she believed she had a right to vote, and voted in reliance upon that
belief, does that relieve her from the penalty? It is argued that the
knowledge referred to in the act relates to her knowledge of the
illegality of the act, and not to the act of voting; for it is said that
she must know that she voted. Two principles apply here: First,
ignorance of the law excuses no one; second, every person is presumed to
understand and to intend the necessary effects of his own acts. Miss
Anthony knew that she was a woman, and that the constitution of this
State prohibits her from voting. She intended to violate that
provision--intended to test it, perhaps, but certainly intended to
violate it. The necessary effect of her act was to violate it, and this
she is presumed to have intended. There was no ignorance of any fact,
but all the facts being known, she undertook to settle a principle in
her own person. She takes the risk, and she cannot escape the
consequences. It is said, and authorities are cited to sustain the
position, that there can be no crime unless there is a culpable intent;
to render one criminally responsible a vicious will must be present. A
commits a trespass on the land of B, and B, thinking and believing that
he has a right to shoot an intruder on his premises, kills A on the
spot. Does B's misapprehension of his rights justify his act? Would a
Judge be justified in charging the jury that if satisfied that B
supposed he had a right to shoot A he was justified, and they should
find a verdict of not guilty? No Judge would make such a charge. To
constitute a crime, it is true, that there must be a criminal intent,
but it is equally true that knowledge of the facts of the case is always
held to supply this intent. An intentional killing bears with it
evidence of malice in law. Whoever, without justifiable cause,
intentionally kills his neighbor, is guilty of a crime. The principle is
the same in the case before us, and in all criminal cases. The precise
question now before me has been several times decided, viz.: that one
illegally voting was bound and was assumed to know the law, and that a
belief that he had a right to vote gave no defense, if there was no
mistake of fact. (Hamilton against The People, 57th of Barbour, p. 625;
State against Boyet, 10th of Iredell, p. 336; State against Hart, 6th
Jones, 389; McGuire against State, 7 Humphrey, 54; 15th of Iowa reports,
404.) No system of criminal jurisprudence can be sustained upon any
other principle.
Public-domain text, read in full here on John Shaqi.
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