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
Now, this is the point in the case, in my view of it: If there was any
case in which a female was entitled to vote, then it would be a subject
of examination. If a female over the age of 21 was entitled to vote,
then it would be within the judicial authority of the inspectors to
examine and determine whether in the given case the female came within
that provision. If a married woman was entitled to vote, or if a married
woman was not entitled to vote, and a single woman was entitled to vote,
I think the inspectors would have a right in a case before them, to
judge upon the evidence whether the person before them was married or
single. If they decided erroneously, their judicial character would
protect them. But under the law of this state, as it stands, under no
circumstances is a woman entitled to vote. When Miss Anthony, Mrs.
Leyden and the other ladies came there and presented themselves for
registry, and presented themselves to offer their votes, when it
appeared that they were women--that they were of the female sex--the
power and authority of the inspectors was at an end. When they act upon
a subject upon which they have no discretion, I think there is no
judicial authority. There is a large range of discretion in regard to
the votes offered by the male sex. If a man offers his vote, there is a
question whether he is a minor--whether he is 21 years of age. The
subject is within their jurisdiction. If they decide correctly, it is
well; if they decide erroneously, they act judicially, and are not
liable. If the question is whether the person presenting his vote is a
foreigner or naturalized, or whether he has been a resident of the state
or district for a sufficient length of time, the subject is all within
their jurisdiction, and they have a right to decide, and are protected
if they decide wrong.
But upon the view which has been taken of this question of the right of
females to vote, by the United States Court at Washington, and by the
adjudication which was made this morning, upon this subject there is no
discretion, and therefore I must hold that it affords no protection.
In that view of the case, is there anything to go to the jury?
MR. VAN VOORHIS: Yes, your Honor.
THE COURT: What?
MR. VAN VOORHIS: The jury must pass upon the whole case, and
particularly as to whether any ballots were received for representative
in Congress, or candidates for representative in Congress, and whether
the defendants acted wilfully and maliciously.
THE COURT: It is too plain to argue that.
MR. VAN VOORHIS: There is nothing but circumstantial evidence.
THE COURT: Your own witness testified to it.
MR. VAN VOORHIS: But "knowingly," your Honor, implies knowing that it is
a vote for representative in Congress.
THE COURT: That comes within the decision of the question of law. I
don't see that there is anything to go to the jury.
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