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The choice of which I complain concedes that the defendant voted in good faith, in essentially the most implicit belief that she had a proper to vote, and condemns her on the strength of the authorized fiction, conceded to be actually a mere fiction, that she knew the opposite. That question of fact was, whether or not the defendant, at the time when she voted, knew that she had not a right to vote. The best of ladies to vote underneath nationwide safety was but the logical result of the political guarantees of the battle, and Republican leaders ought to have been anxious to clinch their conflict document by legislative and judicial decisions. Third-Because the Court erroneously held, that the defendant had not a lawful right to vote. Sir, so far as my information in regard to legal proceedings extends, this is the only courtroom in any nation the place trial by jury exists, in which the selections which are made in the haste and sometimes confusion of such trials, usually are not topic to overview before any other tribunal.
Seventh-Because Congress had no Constitutional right to go the act below which the defendant was indicted, and the act and all proceedings under it are void. If this position be correct, which I am not now disposed to question, I respectfully insist that the Congress of the United States had no energy to pass the act in query; that by doing so it has attempted to usurp the rights of States, and that every one proceedings underneath the act are void. But a more thorough recognition of the State Rights idea never was presented than in the proceedings of this Judge of the Supreme Court in his verdict against Miss Anthony, nor a extra absolute exhibition of National energy in State affairs than his decision in the case of the Inspectors, who had been State officers, working beneath State authority and State legal guidelines, and never below authority derived from the Constitution of the United States, however who were tried by an United States decide, and punished for what was held as a criminal offense in opposition to the State of recent York-a monstrous usurpation of National authority!
To Mrs. Gage’s review of this article, the Law Journal said, “If Mrs. Gage and Miss Anthony are usually not pleased with our legal guidelines, that they had better emigrate.” This might make real, in case of lady, Edward Everett Hale’s story of the “Man Without a rustic.” Women are, by this recommendation, assumed to don’t have any country; to be residing in the United States upon sufferance, a species of helpful aliens, which possesses no rights that man is certain to respect, that are to not be permitted to vote, nor even to protest when the dearest rights are trampled upon. But failing to get this justice-failing, even, to get a trial by a jury not of my peers-I ask not leniency at your fingers-but moderately the total rigors of the legislation. It was more than a 12 months after Miss Anthony’s trial was accomplished earlier than her case acquired discover in the chief authorized journal of the State of latest York. While admitting that Justice Hunt usurped power in taking the case from the jury, the Albany Law Journal expressed a need that it should have gone to the jury, not on the ground of authorized proper, but on the bottom that the jury would have introduced in a verdict of guilty.
Miss Anthony: Yes, your honor, however by types of legislation all made by males, interpreted by men, administered by men, in favor of men, and in opposition to ladies; and hence, your honor’s ordered verdict of guilty, towards a United States citizen for the exercise of “that citizen’s proper to vote,” simply because that citizen was a girl and never a man. Miss Anthony: When I was brought before your honor for trial, I hoped for a broad and liberal interpretation of the Constitution and its current amendments, that ought to declare all United States residents under its protecting ægis-that ought to declare equality of rights the national assure to all persons born or naturalized in the United States. The design of the government was evidently to crush at once, and arbitrarily, all efforts of ladies for equality of rights with males. Robbed of the fundamental privilege of citizenship, I’m degraded from the standing of a citizen to that of a subject; and never only myself individually, however all of my sex, are, by your honor’s verdict, doomed to political subjection beneath this so-known as Republican authorities. I admit that there are precedents to maintain such ruling, however they cannot be reconciled with the basic rules of criminal legislation, nor with the most atypical rules of justice.
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