Susan B. Anthony: Rebel, Crusader, HumanitarianLutz, Alma
History
Susan B. Anthony: Rebel, Crusader, Humanitarian
Lutz, Alma
Anthony, Susan B. (Susan Brownell), 1820-1906
Even more disconcerting was the adverse decision of the Supreme Court
on the Myra Bradwell case, which at once shattered the confidence of
most of her legal advisors. The court held that Illinois had violated
no provision of the federal Constitution in refusing to allow Myra
Bradwell to practice law because she was a woman and declared that the
right to practice law in state courts is not a privilege or an
immunity of a citizen of the United States, nor is the power of a
state to prescribe qualifications for admission to the bar affected by
the Fourteenth Amendment. Chief Justice Salmon P. Chase, filing a
dissenting opinion, lived up to Susan's faith in him, but Benjamin
Butler wrote her, "I do not believe anybody in Congress doubts that
the Constitution authorizes the right of women to vote, precisely as
it authorizes trial by jury and many other like rights guaranteed to
citizens. But the difficulty is, the courts long since decided that
the constitutional provisions do not act upon the citizens, except as
guarantees, ex proprio vigore, and in order to give force to them
there must be legislation.... Therefore, the point is for the friends
of woman suffrage to get congressional legislation."[303]
Susan, however, never wavered in her conviction that she as a citizen
had a constitutional right to vote and that it was her duty to test
this right in the courts.
FOOTNOTES:
[288] Ray Strachey, _Struggle_ (New York, 1930), pp. 113-116.
[289] The U.S. Supreme Court upheld the decision of a lower court that
without specific legislation by Congress, the 14th Amendment could not
overrule the law of the District of Columbia which limited suffrage to
male citizens over 21. _History of Woman Suffrage_, II, pp. 587-601.
[290] Harper, _Anthony_, I, p. 423.
[291] Nov. 5, 1872, Ida Husted Harper Collection, Henry E. Huntington
Library. Miss Anthony had assured the election inspectors that she
would pay the cost of any suit which might be brought against them for
accepting women's votes.
[292] Harper, _Anthony_, I, p. 426. The Anthony home was then numbered
7 Madison Street.
[293] _An Account of the Proceedings of the Trial of Susan B. Anthony
on the Charge of Illegal Voting_ (Rochester, New York, 1874), p. 16.
[294] Harper, _Anthony_, I, p. 428.
[295] _Ibid._, p. 433.
[296] _Trial_, pp. 2-3.
[297] N.d., Susan B. Anthony Papers, New York Public Library.
[298] _Trial_, pp. 151, 153. Judge Story, _Commentaries on the
Constitution of the United States_, Sec. 456: "The importance of
examining the preamble for the purpose of expounding the language of a
statute has long been felt and universally conceded in all juridical
discussion." _History of Woman Suffrage_, II, p. 477.
[299] Harper, _Anthony_, II, pp. 978, 986-987.
[300] Ms., Diary, May 10, June 7, 1873.
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