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Anthony, on a charge of knowingly
voting illegally for a representative in Congress. He denied the right
of trial by jury; he refused to permit her counsel to address the jury
in her behalf; he refused the request of her counsel that the jury be
polled; he directed the clerk to enter a verdict of guilty without
consulting the jury; he had prejudged her case, and had written his
opinion against her before he came to the Court, or had heard the
evidence, or the arguments of her counsel. He tried her in a manner
indicating that he had undertaken to accomplish a certain result, and
that he must do in spite of law or evidence. His assertion that the
facts were admitted in her case is false. No facts were admitted on
Miss Anthony's trial, except that she was a woman and had voted. The
one fact of consequence to the United States was, whether or not Miss
Anthony voted for a representative in Congress. To prove this the
United States District Attorney proved that she handed to the
inspectors four folded ballots, the contents of which were unknown. It
did not appear that the ballots were not blanks. There were six boxes,
and each elector might cast six ballots. Upon such evidence Judge Hunt
decided that it was proved that Miss Anthony voted for a
representative in Congress, and refused to submit the case, or the
question of fact, to the jury. Therefore,

_Resolved_, That a violation of the Constitution so palpable, a
disregard of the forms of of law so flagrant, demand the impeachment
of Justice Hunt, and his removal from a bench he has proved himself
unfit to occupy.

_Resolved_, That we will petition Congress to reverse by Congressional
enactment the judgments of Judge Hunt against Miss Anthony and the
Inspectors of Election. These fiats of a judicial dictator must not be
allowed to remain upon the records of the Court. Trial by jury must be
restored to its throne, from which Judge Hunt has hurled it. A
constitutional right so sacred must be vindicated by Congress. There
is no other tribunal to which we can appeal. Therefore we shall
confidently ask Congress to reverse these unjust judgments and rebuke
and impeach this unjust judge.

_Resolved_, That to the Hon. Henry R. Selden for his able and earnest
defense of their citizen's right to vote, the women of this country
owe a debt of gratitude beyond their present power to pay or
appreciate.

_Resolved_, That we tender our thanks to John Van Voorhis, counsel for
the inspectors of the Eighth Ward, for his prompt and efficient
defense of their right and duty to register the names and receive the
votes of all United States citizens.

_Resolved_, That we bid Godspeed to our co-laborer, Susan B. Anthony,
for the courage and persistence shown during her trial, and thank her
for her assurance to the Court (which he did not need) of her unshaken
conviction of the legality of her vote, and of her determination to
persist in the exercise of her citizen's right of suffrage.

_Resolved_, That we tender our thanks to the inspectors of election of
the Eighth Ward, Messrs. Jones, Marsh, and Hall, for their manliness
and courage in receiving the women's vote and maintaining their right
and duty in so doing through their long and unfair trial."

A paper of considerable length was read by Mrs. Hebard, which was very
fine, and set forth the woman question in a philosophical manner.

Mrs. L. C. Smith said that in stamping his seal of death upon trial by
jury, Judge Hunt had proved beyond all cavil the inseparability of
man's and woman's interests. For in order to withhold the right of
franchise from woman he was obliged to abolish trial by jury, man's
only safeguard against the tyranny of the bench.

The meeting then adjourned to meet at three o'clock P.M. on the 24th
inst.

Miss Anthony received material sympathy from many persons who sent
money to aid in the payment of her fine--Dr. E. B. Foote, of New York,
sending $25, and Gerrit Smith, of Peterboro, $100, accompanied by a
letter. Dr. Foote has kindly furnished Miss Anthony's reply to him for
publication:


ROCHESTER, July 2, 1873.

DR. E. B. FOOTE--MY DEAR SIR: Your letter of June 18, inclosing the
quarter of the United States Government's fine for my alleged
violation of _State law_ was most welcome, I have waited this
acknowledgment from fact of my absence from home since the judge
pronounced that verdict and penalty. What a comedy! Such a _grave
offense_ and such a paltry punishment!

Now if the United States Government would only demand the payment of
the $100 and costs--but it will never do it, because all parties
_know_ I will never _pay a dime--no, not one._ It, is quite enough for
me pay all the _just claims_ of the trial; my own counsel, etc. I owe
no allegiance to the Government's penalties until I have a voice in
it, and shall pay none. What the Government can _exact_ it may,
whether of cash or imprisonment.

Do you know my _one regret now is_ that I am _not possessed of some
real estate_ here in Rochester so that my name would be on the tax
list, and I would _refuse to pay the taxes thereon_, and then I could
carry that branch of the question into the Courts. _Protests_ are no
longer worth the paper they are written on. Downright resistance, the
actual throwing of the tea overboard, is now the word and work. With
many thanks for the $25.

Sincerely yours, SUSAN B. ANTHONY.


WOMAN SUFFRAGE ABOVE HUMAN LAW.

LETTER FROM GERRIT SMITH.

PETERBORO, August 15, 1873

SUSAN B. ANTHONY--DEAR FRIEND: I have your letter. So you have not
paid your fine; are not able to pay it; and are not willing to pay it!
I send you herein the money to pay it. If you shall still decline
doing so, then use the money at your own discretion, to promote the
cause of woman suffrage.

I trust that you feel kindly toward Judge Hunt. He is an honest man
and an able judge. He would oppress no person--emphatically, no woman.
It was a light fine that he imposed upon you. Moreover, he did not
require you to be imprisoned until it was paid. In taking your case
out of the bands of the jury, he did what he believed he had a perfect
right to do; and what [HAND] provided there was no fact to be
passed upon) he had precedents for doing. And yet Judge Hunt
erred--erred as, but too probably, every other judge would, in like
circumstances, have erred. At the hazard of being called, for the ten
thousandth time, a visionary and a fanatic for holding opinions which,
though they will be entirely welcome to the more enlightened future
sense of men, are as entirely repugnant to their present sense, I
venture to say that the Judge erred in allowing himself to look into
the Constitution. Indeed, yours was a case that neither called for nor
permitted the opening of any law-book whatever. You have not forgotten
how frequently, in the days of slavery, the Constitution was quoted in
behalf of the abomination. As if that paper had been drawn up and
agreed upon by both the blacks and the whites, instead of the whites
only; and as if slavery protected the rights of the slave instead of
annihilating them. I thank God that I was withheld from the great
folly and great sin of acknowledging a law for slavery--a law for any
piracy--least of all for the superlative piracy. Nor have you
forgotten how incessantly, in the late war, our enemies, Northern as
well as Southern, were calling for this observance of the
Constitution. As if the purpose of that paper was to serve those
whose parricidal hands were at the throat of our Nation. I recall but
one instance in which I was ever reconciled to profanity. It was when,
during the war, I was witnessing a heated conversation between a
patriotic Republican and a rabid secession Democrat. The Republican
was arguing that the Government should put forth all its powers to
suppress the rebellion. At this stage the Democrat thrust in the
stereotyped rebel phrase: "but only according to the Constitution."
This interruption provoked the Republican to exclaim, as he hurried
on, "Damn the Constitution!" The oath so happily helped to express my
own feeling that I had no more heart to censure it than the recording
angel had to preserve the record of Uncle Toby's famous oath.

And now, in your case, is another wrongful use of the Constitution.
The instrument is cited against woman, as if she had united with man
in making it, and was, therefore, morally bound by the flagrant
usurpation, and legally concluded by it. Moreover, an excuse for
turning the Constitution against her is that doing so deprives her of
nothing but the pastime of dropping in a box a little piece of paper.
Nevertheless, this dropping, inasmuch as it expresses her choice of
the guardians of her person and property, is her great natural right
to provide for the safety of her life and of the means to sustain it.
She has no rights whatever, and she lives upon mere privileges and
favors, if others may usurp her rights. In fact she lies at the mercy
of men, if men only may choose into whose hands to put the control of
her person and property.... I do not complain of Judge Hunt's
interpretations of the Constitution on the suffrage question. I do not
complain of his refusing to accept the constitutional recognition of
woman's right to vote, though that right seems to lie on the very
surface of the Constitution amongst her rights of citizenship. Nor do
I complain of his passing by this recognition to dig down into the
Constitution for proofs of there being two kinds of citizens--one that
can vote and one that can not vote. What I complain of is that he did
not hold as void, instead of arguing them to be valid, any words in
the instrument which seemed to him to favor the disfranchisement of
woman and consequent robbery and destruction of her rights. What I
complain of is that, instead of his conscientious regard for his oath,
he was not prepared to ignore and scout all human law so far as it is
antagonistic to natural law and natural rights....

How striking and instructive is the following extract from a speech
made a year or two ago in the Spanish Parliament: "Natural rights
dwell essentially in the individual, and are derived directly from his
own moral nature.



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