A B C D E F
G H I J K L M 

Total read books on site:
more than 10 000

You can read its for free!


Text on one page: Few Medium Many
122._

It is true a jury was impaneled, but this was all, for we are informed
that, at the conclusion of the opinion, Judge Selden requested that
the case should be submitted to the jury upon the question of intent,
and upon certain propositions of law; but the court declined to submit
the case upon any question whatever, and directed them to render a
verdict of guilty against the defendant.

I have been pained to witness, on the part of some of our newspapers,
a disposition to treat this decision with indifference, by some even
with levity. Has it come to this, that because she is a woman the
defendant can not get a fair and impartial trial? The case of the
inspectors was not treated in this way--but then they were men.

JUSTICE.


[_The Journal_, Thursday, July 30, 1874].

THE ALBANY LAW JOURNAL ON SUSAN B. ANTHONY'S CASE.

_To the Editor of the Syracuse Journal_:--I wish to call the attention
of the readers of _The Journal_, especially legal ones, to the
underlying intent and unjust perversions of the Albany _Law Journal_
of this month, in its leading article, entitled "Can a Judge direct a
Verdict of Guilty?"

This _Law Journal_, which professes to lead the legal craft of the
Empire State in the devious ways of legal justice, has but now,
thirteen months after its date, a review of Miss Anthony's celebrated
trial, as conducted by Judge Ward Hunt. Having taken a year and a
month to get the first principles of justice and of constitutional law
through his head, the belated editor of that law journal has come to
the conclusion--self-evident as it ought to be to a child--that a
judge has no legal right to take from an accused person the right of
trial by jury. Sapient editor, wise man! No second Solomon, you. You,
with all your legal lore, have at last managed to see, in a year and a
month, what the veriest simple woman in the land, all uneducated as
women are in the technicalities of the law, had no difficulty of
seeing in an hour. Right of trial by jury holds all other legal rights
within its grasp. Deprive a man or woman of that, and of what use is
your habeas corpus act, of what use your law of penalties or
acquittal? The terrors of the middle ages, the _lettres de cachet_,
sequestration, confiscation, rayless dungeons, and iron masks at once
rise in view.

We will, however, allow to this editor one grain of sense, as he
acknowledges the dangerous power in the hands of judges of the United
States Circuit Court, a power they possess outside of right, a power
through which one of them can, as did Judge Ward Hunt in Miss
Anthony's case, transcend his legal rights, to warp and bend
constitutional guarantees to his own ends, and having so done that
there is no legal appeal from his unwarrantable decision. A United
States judge is practically irresponsible. Nothing can touch him for
illegality in office but a Congressional impeachment, which from a
combination of circumstances is difficult to bring about. He holds the
dearest rights of American citizens at pleasure in his hands, and this
is law and justice in the United States. These are solely and entirely
man-made laws. No woman had finger or tongue in the matter.

But Mr. Albany _Law Journal_ editor, after acknowledging their
injustice toward accused persons, and their dangers to the liberties
of every individual, tells Miss Anthony that "if she" is dissatisfied
with "our laws," meaning, of course, man-made laws like these, "she
would better adopt the methods of reform that men use, or, better
still, emigrate." Was ever a more disreputable phrase penned?
Disgraceful to its author, and doubly so, as he pretends to be a
teacher of law. This is the language of a very Nero come to judgment.

"Our laws." Whose laws, pray? The laws of men made for "our" benefit
alone. Is this what Mr. Editor of the Albany _Law Journal_ means?
Pray, Mr. Albany _Law Journal_, what are "the methods of reform that
men use," when they are dissatisfied with "our laws," only to speak
against such laws, and to vote for men to make better ones? Miss
Anthony has tried both of "the methods of reform men use," and for
doing the last was arrested, tried, fined, and all but imprisoned. It
seems "the methods of reform men use" are, after all, not just the
kind of methods for Miss Anthony and her friends to use. But then, Mr.
Albany _Law Journal_ allows Miss Anthony and Mrs. Gage one other
alternative, which he deems a "better one," _i.e._, to "emigrate."

Mr. Editor continues: "We can well afford to lose her who rehearsed
the story of her wrongs in public addresses, in twenty-nine of the
post-office districts of Monroe, and twenty-one of Ontario, in her
canvass of those counties prior to her trial, and Mrs. Matilda Joslyn
Gage, who made a speech on this subject in Canandaigua and sixteen
other towns of Ontario County, previous to Miss Anthony's trial, June
17, 1873, with a view, of course, of influencing public opinion in
that region, so that a conviction could not be had."

As Judge Hunt trampled on the citizen's right of trial by jury, so Mr.
Albany _Law Journal_ shows himself to be of the same ilk, by desiring
to trample on that other guaranteed constitutional right of free
speech. He would ostracise Miss Anthony and Mrs. Gage; he would banish
them from the country because they dared to use one of "the methods of
reform that men use," _i.e._, speaking of their "wrongs" in order to
educate and enlighten public opinion. If old Greece could banish her
best citizen, Aristides, simply because he was her most just one, Miss
Anthony and myself certainly ought to consider it a matter of
self-gratulation that we are deemed fit for banishment because of our
demand for justice; justice not merely for ourselves, but for one-half
the nation.

That editor's contempt of rights and justice, as shown in his article,
is simply amazing. He might as well have said in so many words, "This
country and its government is for the benefit of us males alone; you
women are part and parcel of our property; if you are not suited with
all things as we fix them for you, then get out from our country."
This is the tenor of what Mr. Albany _Law Journal_ editor says. Does
not every honest lawyer's face tingle with shame when he reads this
disgraceful sentiment in that journal to which he so constantly looks
for instruction in the higher departments of justice? Does not his
republicanism revolt from such a sentiment? Does he not here recognize
the enunciation of a principle as directly opposed to liberty as even
Judge Hunt's control of jury trial?

This journal shows that the right to do a thing and the power to do it
are distinctly separate. Judge Hunt did what he had the power to do,
but not the right to do. Mr. _Law Journal_ possesses neither the right
nor the power of banishing those citizens who do not conform to his
wishes, but he has evinced a desire to hold such power, and did he
have it, the country would find in him a tyrant of the same class as
Judge Hunt.

As dilatory as this editor has been in reviewing this important case,
he is equally timid in his criticism upon it. Currying to judicial and
political power, he terms Judge Hunt's willful and knowing infraction
of law "a mistake," but in regard to Miss Anthony, he says, "she
intended deliberately to break the law." A large class of people
believe just the contrary. We who know Miss Anthony well, and who
believe with her, know that, on the contrary, she intended to do an
act which is protected by the law, instead of breaking law; she was
acting under authority of the law. Because Judge Hunt defied the law;
because the editor of the Albany _Law Journal_ is inexcusably ignorant
of, or recklessly indifferent to the law, it does not follow that Miss
Anthony belongs to that class, or should be judged by their corrupt
standard. Miss Anthony, in common with hundreds, nay, thousands of
other women, as well as of a large class of scholarly men--men of
intelligence and a broad sense of justice--men, too, of political
insight--fully believes that to woman, equally with man, does the
Constitution secure political rights. These persons, this large class,
believe that the XIII., XIV., and XV. Amendments to the national
Constitution overrode and destroyed all those parts of State
constitutions which were, or are now, by expression contrary to their
provisions, and they believe that the fundamental right of citizens of
the United States is the right to take part in making the laws which
shall govern them; the exercise of this right to be regulated (not
prevented) by States. They do not concede Miss Anthony to have been a
law-breaker as the Albany _Law Journal_, the Judiciary Committee of
the House of Representatives, and other friends of Judge Hunt concede
her to have been. If the judiciary of the country is so far powerful,
and so far irresponsible as to warp the law in favor of its own
prejudices, even to the extent of preventing trial by jury, as Judge
Hunt is conceded to have done, then our judiciary and not our
criminals is our dangerous class. With such judges as Hunt, who has
attempted to crush out the trial by jury, and make of the jury merely
an ornamental tail to his judicial kite; with such teachers as the
Albany _Law Journal_, which, while acknowledging Hunt's outrageous
illegality of action, yet calls it "a mistake," and speaks of him as
"a good and pure" man, the administrators and the expounders of law
have become the most dangerous enemies of the people. The eminent
Judge Brady recognizes the low condition of legal honor, and in a
recent speech, said he hoped to see the day when his legal brethren
would understand that it was their duty to assist in the
administration of justice, and not to lend themselves to degrading
efforts to defeat it. We commend these remarks to the consideration of
Judge Hunt and the editor of the Albany _Law Journal_.

With that lack of self-respect which seems to inhere in all opponents
of woman suffrage, that editor, in addition to all else, tries to
indulge in a little facetiousness over the threadbare witticisms that
Miss Anthony "was a woman when she voted." Coming down through the
lips of Judge Hunt and the United States District Attorney of the
prosecution, it reaches the law editor in time for him to say that "on
the trial of Miss Anthony she conceded that on the day of election she
was a woman," and in a parenthesis ("we know that she generally was a
woman, and are not surprised to learn that she was on election day.")
What an amazing platitude this is to fall from the lips of a teacher
of law.



Pages: | Prev | | 1 | | 2 | | 3 | | 4 | | 5 | | 6 | | 7 | | 8 | | 9 | | 10 | | 11 | | 12 | | 13 | | 14 | | 15 | | 16 | | 17 | | 18 | | 19 | | 20 | | 21 | | 22 | | 23 | | 24 | | 25 | | 26 | | 27 | | 28 | | 29 | | 30 | | 31 | | 32 | | 33 | | 34 | | 35 | | 36 | | 37 | | 38 | | 39 | | 40 | | 41 | | 42 | | 43 | | 44 | | 45 | | 46 | | 47 | | 48 | | 49 | | 50 | | 51 | | 52 | | 53 | | 54 | | 55 | | 56 | | 57 | | 58 | | 59 | | 60 | | 61 | | 62 | | 63 | | 64 | | 65 | | 66 | | 67 | | 68 | | 69 | | 70 | | 71 | | 72 | | 73 | | 74 | | 75 | | 76 | | 77 | | 78 | | 79 | | 80 | | 81 | | 82 | | 83 | | 84 | | 85 | | 86 | | 87 | | 88 | | 89 | | 90 | | 91 | | 92 | | 93 | | 94 | | 95 | | 96 | | 97 | | 98 | | 99 | | 100 | | 101 | | 102 | | 103 | | 104 | | 105 | | 106 | | 107 | | 108 | | 109 | | 110 | | 111 | | 112 | | 113 | | 114 | | 115 | | 116 | | 117 | | 118 | | 119 | | 120 | | 121 | | 122 | | 123 | | 124 | | 125 | | 126 | | 127 | | 128 | | 129 | | 130 | | 131 | | 132 | | 133 | | 134 | | 135 | | 136 | | 137 | | 138 | | 139 | | 140 | | 141 | | 142 | | 143 | | 144 | | 145 | | 146 | | 147 | | 148 | | 149 | | 150 | | 151 | | 152 | | 153 | | 154 | | 155 | | 156 | | 157 | | 158 | | 159 | | 160 | | 161 | | 162 | | 163 | | 164 | | 165 | | 166 | | 167 | | 168 | | 169 | | 170 | | 171 | | 172 | | 173 | | 174 | | 175 | | 176 | | 177 | | 178 | | 179 | | 180 | | 181 | | 182 | | 183 | | 184 | | 185 | | 186 | | 187 | | 188 | | 189 | | 190 | | 191 | | 192 | | 193 | | 194 | | 195 | | 196 | | 197 | | 198 | | 199 | | 200 | | 201 | | 202 | | 203 | | 204 | | 205 | | 206 | | 207 | | 208 | | 209 | | 210 | | 211 | | 212 | | 213 | | 214 | | 215 | | 216 | | 217 | | 218 | | 219 | | 220 | | 221 | | 222 | | 223 | | 224 | | 225 | | 226 | | 227 | | 228 | | 229 | | 230 | | 231 | | 232 | | 233 | | 234 | | 235 | | 236 | | 237 | | 238 | | 239 | | 240 | | 241 | | 242 | | 243 | | 244 | | 245 | | 246 | | 247 | | 248 | | 249 | | 250 | | 251 | | 252 | | 253 | | 254 | | 255 | | 256 | | 257 | | 258 | | 259 | | 260 | | 261 | | 262 | | 263 | | 264 | | 265 | | 266 | | 267 | | 268 | | 269 | | 270 | | 271 | | 272 | | 273 | | 274 | | 275 | | 276 | | 277 | | 278 | | 279 | | 280 | | 281 | | 282 | | 283 | | 284 | | 285 | | 286 | | 287 | | 288 | | 289 | | 290 | | 291 | | 292 | | 293 | | 294 | | 295 | | 296 | | 297 | | 298 | | 299 | | 300 | | 301 | | 302 | | 303 | | 304 | | 305 | | 306 | | 307 | | 308 | | 309 | | 310 | | 311 | | 312 | | 313 | | 314 | | 315 | | 316 | | 317 | | 318 | | 319 | | 320 | | 321 | | 322 | | 323 | | 324 | | 325 | | 326 | | 327 | | 328 | | 329 | | 330 | | 331 | | 332 | | 333 | | 334 | | 335 | | 336 | | 337 | | 338 | | 339 | | 340 | | 341 | | 342 | | 343 | | 344 | | 345 | | 346 | | 347 | | 348 | | 349 | | 350 | | 351 | | 352 | | 353 | | 354 | | 355 | | 356 | | 357 | | 358 | | 359 | | 360 | | Next |

N O P Q R S T
U V W X Y Z 

Your last read book:

You dont read books at this site.