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
History
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
The 19th Section, so far as it is necessary to quote it here, is as
follows:
"_That if at any election for representatives or delegates in the
Congress of the United States any person shall knowingly_ personate
and vote, or attempt to vote, in the name of any other person,
whether living or dead, or fictitious; or vote more than once at
the same election for any candidate for the same office; or vote at
a place where he may not be entitled to vote; _or vote without
having a lawful right to vote, ... or knowingly and wilfully
receives the vote of any person not entitled to vote_, or refuses
to receive the vote of any person entitled to vote; ... every such
person shall be deemed guilty of a crime, and shall for such crime
be liable to prosecution in any Court of the United States of
competent jurisdiction, and on conviction thereof, shall be
punished by a fine not exceeding five hundred dollars, or by
imprisonment for a term not exceeding three years, or both, in the
discretion of the Court, and shall pay the costs of prosecution."
Section 20, as amended, so far as pertinent, reads as follows:
"That if at any registration of voters for an election for
representatives or delegates in the Congress of the United States,
any person shall _knowingly_ ... hinder any person having a lawful
right to register, from duly exercising that right; or compel or
induce by any of such means, or other unlawful means, ANY OFFICER
OF REGISTRATION to admit to registration any person not legally
entitled thereto; ... _or if any such officer shall knowingly and
wilfully register as a voter any person not entitled to be
registered_, or refuse so to register any person entitled to be
registered, ... _every such person shall be deemed guilty of a
crime, and shall be liable to prosecution and punishment therefor,
as provided in section 19 of said Act of May 31, 1870, for persons
guilty of the crimes therein specified_."
No law of Congress describes the qualifications of voters in this State,
or in any State.
Congress has provided no registry law. Therefore, what constitutes the
offenses charged in this indictment, must be looked for in the laws of
the State. By no Act of Congress can it be determined in what case a
person votes, "_without having a right to vote_." By no Act of Congress
can it be determined when an Inspector of Election has received the vote
of "_any person not entitled to vote_," or has registered "_as a voter,
any person not entitled to be registered_." These are the offenses
alleged in this indictment. They are penal offenses by the Statutes of
New York. The jurisdiction of the State Courts over them is complete,
and cannot be questioned.
Public-domain text, read in full here on John Shaqi.
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