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
This power, if it exist, must be found in the recent Amendments to the
U.S. Constitution.
I assume that your Honor will hold, as you did yesterday in Miss
Anthony's case, that these amendments do not confer the right to vote
upon citizens of the United States, and therefore not upon women. That
decision is the law of this case. It follows necessarily from that
decision, that these amendments have nothing to do with the right of
voting, except so far as that right "_is denied or abridged by the
United States, or by any State, on account of race, color, or previous
condition of servitude_."
The thirteenth article of the Amendments to the Constitution of the
United States, in Section 1, ordains that "_neither slavery nor
involuntary servitude, except as a punishment for crime, whereof the
party shall have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction_."
Section 2, ordains that "_Congress shall have power to enforce this
Article by appropriate legislation_."
The fourteenth article of the Amendments to the Constitution of the
United States, ordains in Section 1, "_All persons born or naturalized
in the United States, and subject to the jurisdiction thereof, are
citizens of the United States, and of the State where they reside. No
State shall make or enforce any law, which shall abridge the privileges
or immunities of citizens of the United States. Nor shall any State
deprive any person of life, liberty or property, without due process of
law, nor deny to any person within its jurisdiction, the equal
protection of the laws._"
Section five enacts, "_The Congress shall have power to enforce by
appropriate legislation, the provisions of this Article._"
The fifteenth article of Amendment to the Constitution ordains in its
first section, that "That 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."
Section two enacts, that "_The Congress shall have power to enforce this
Article by appropriate legislation._"
These are the provisions of the Constitution relied on to support the
legislation of Congress now before this Court. Some features of that
legislation may be constitutional and valid. Whether this be so or not,
it is not necessary now to determine. The question here is, has
Congress, by either of these amendments, been clothed with the power, to
pass laws to punish inspectors of elections in this State for receiving
the votes of women?
The thirteenth amendment simply abolishes slavery, and authorizes such
legislation as shall be necessary to make that enactment effectual.
The power in question is not found there.
The fourteenth amendment defines who are citizens of the United States,
and prohibits the States from making or enforcing "_any law which shall
abridge the privileges or immunities_" of such citizens.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account