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The rejection of the
evidence was approved by the Supreme Court on the ground that the
prisoner was bound to know the law, and was presumed to do so,
and his conviction was accordingly confirmed.

Here a young man, innocent so far as his conduct in this case was
involved, was condemned for acting in good faith upon the advice
(mistaken advice it may be conceded), of one governor and two
lawyers to whom he applied for information as to his rights; and
this condemnation has proceeded upon the assumed ground, conceded
to be false in fact, that he knew the advice given to him was
wrong. On this judicial fiction the young man, in the name of
justice, is sent to prison, punished for a mere mistake, and a
mistake made in pursuance of such advice. It can not be,
consistently with the radical principles of criminal law to which
I have referred, and the numerous authorities which I have
quoted, that this man was guilty of a crime, that his mistake was
a crime, and I think the judges who pronounced his condemnation,
upon their own principles, better than their victim, deserved the
punishment which they inflicted. The condemnation of Miss
Anthony, her good faith being conceded, would do no less violence
to any fair administration of justice.

One other matter will close what I have to say. Miss Anthony
believed, and was advised that she had a right to vote. She may
also have been advised, as was clearly the fact, that the
question as to her right could not be brought before the courts
for trial, without her voting or offering to vote, and if either
was criminal, the one was as much so as the other. Therefore she
stands now arraigned as a criminal, for taking the only step by
which it was possible to bring the great constitutional question
as to her right, before the tribunals of the country for
adjudication. If for thus acting, in the most perfect good faith,
with motives as pure and impulses as noble as any which can find
place in your honor's breast in the administration of justice,
she is by the laws of her country to be condemned a a criminal.
Her condemnation, however, under such circumstances, would only
add another most weighty reason to those which I have already
advanced, to show that women need the aid of the ballot for their
protection.

Upon the remaining question, of the good faith of the defendant,
it is not necessary for me to speak. That she acted in the most
perfect good faith stands conceded.

Thanking your honor for the great patience with which you have
listened to my too extended remarks, I submit the legal questions
which the case involves for your honor's consideration.

District Attorney Crowley followed Judge Selden with an argument two
hours in length. He stated that, in his view, the case simply
presented questions of law, and that his argument, therefore, would be
addressed strictly to the court, leaving the court to give such
instructions to the jury upon the facts as he might deem proper. He
contended that the right to vote was not included in "privileges and
immunities," and was only given by State laws and State constitutions.
He concluded his argument by saying that an honest mistake of the
facts may sometimes excuse, but a mistake of the law never. The COURT
addressed the jury as follows:

_Gentlemen of the Jury:_ I have given this case such
consideration as I have been able to, and, that there might be no
misapprehension about my views, I have made a brief statement in
writing.

The defendant is indicted under the act of Congress of 1870, for
having voted for Representatives in Congress in November, 1872.
Among other things, that Act makes it an offense for any person
knowingly to vote for such Representatives without having a right
to vote. It is charged that the defendant thus voted, she not
having a right to vote because she is a woman. The defendant
insists that she has a right to vote; that the provision of the
Constitution of this State limiting the right to vote to persons
of the male sex is in violation of the XIV. Amendment of the
Constitution of the United States, and is void.

The XIII., XIV., and XV. Amendments were designed mainly for the
protection of the newly emancipated negroes, but full effect must
nevertheless be given to the language employed. The XIII.
Amendment provided that neither slavery nor involuntary servitude
should longer exist in the United States. If honestly received
and fairly applied, this provision would have been enough to
guard the rights of the colored race. In some States it was
attempted to be evaded by enactments cruel and oppressive in
their nature; as that colored persons were forbidden to appear in
the towns except in a menial capacity; that they should reside on
and cultivate the soil without being allowed to own it; that they
were not permitted to give testimony in cases where a white man
was a party. They were excluded from performing particular kinds
of business, profitable and reputable, and they were denied the
right of suffrage. To meet the difficulties arising from this
state of things, the XIV. and XV. Amendments were enacted.

The XIV. Amendment created and defined citizenship of the United
States. It had long been contended, and had been held by many
learned authorities, and had never been judicially decided to the
contrary, that there was no such thing as a citizen of the United
States, except as that condition arose from citizenship of some
State. No mode existed, it was said, of obtaining a citizenship
of the United States except by first becoming a citizen of some
State. This question is now at rest. The XIV. Amendment defines
and declares who shall be citizens of the United States, to wit:
"All persons born or naturalized in the United States and subject
to the jurisdiction thereof." The latter qualification was
intended to exclude the children of foreign representatives and
the like. With this qualification every person born in the United
States or naturalized is declared to be a citizen of the United
States, and of the State wherein he resides.

After creating and defining citizenship of the United States, the
Amendment provides that no State shall make or enforce any law
which shall abridge the privileges or immunities of a citizen of
the United States. This clause is intended to be a protection,
not to all our rights, but to our rights as citizens of the
United States only; that is, the rights existing or belonging to
that condition or capacity. (The words "or citizen of a State,"
used in the previous paragraph, are carefully omitted here.) In
article 4, paragraph 2, of the Constitution of the United States
it had been already provided in this language, viz: "The citizens
of each State shall be entitled to all the privileges and
immunities of the citizens in the several States." The rights of
citizens of the States and of citizens of the United States are
each guarded by these different provisions. That these rights
were separate and distinct, was held in the Slaughter-house
Cases recently decided by the United States Supreme Court at
Washington.

The rights of citizens of the State, as such, are not under
consideration in the XIV. Amendment. They stand as they did
before the adoption of the XIV. Amendment, and are fully
guaranteed by other provisions. The rights of citizens of the
States have been the subject of judicial decision on more than
one occasion. (Corfield _agt._ Coryell, 4 Wash. C. C. R., 371.
Ward _agt._ Maryland, 12 Wall., 430. Paul _agt._ Virginia, 8
Wall., 140.) These are the fundamental privileges and immunities
belonging of right to the citizens of all free governments, such
as the right of life and liberty; the right to acquire and
possess property, to transact business, to pursue happiness in
his own manner, subject to such restraint as the Government may
adjudge to be necessary for the general good. In Cromwell _agt._
Nevada, 6 Wallace, 36, is found a statement of some of the rights
of a citizen of the United States, viz:

To come to the seat of the Government to assert any claim he
may have upon the Government, to transact any business he
may have with it; to seek its protection; to share its
offices; to engage in administering its functions. He has
the right of free access to its seaports through which all
operations of foreign commerce are conducted, to the
sub-treasuries, land offices, and courts of justice in the
several States.

Another privilege of a citizen of the United States, says Miller,
Justice, in the "Slaughter-house" cases, is to demand the care
and protection of the Federal Government over his life, liberty,
and property when on the high seas or within the jurisdiction of
a foreign government. The right to assemble and petition for a
redress of grievances, the privilege of the writ of _habeas
corpus_, he says, are rights of the citizen guaranteed by the
Federal Constitution.

The right of voting, or the privilege of voting, is a right or
privilege arising under the Constitution of the State, and not of
the United States. The qualifications are different in the
different States. Citizenship, age, sex, residence, are variously
required in the different States, or may be so. If the right
belongs to any particular person, it is because such person is
entitled to it by the laws of the State where he offers to
exercise it, and not because of citizenship of the United States.
If the State of New York should provide that no person should
vote until he had reached the age of thirty-one years, or after
he had reached the age of fifty, or that no person having gray
hair, or who had not the use of all his limbs, should be entitled
to vote, I do not see how it could be held to be a violation of
any right derived or held under the Constitution of the United
States.



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