FOOTNOTES:
[164] The elections in New Hampshire were held in the spring in former years.
[165] An account of Mrs. Gardner's voting will be found in the Michigan chapter.
WOMAN SUFFRAGE IN THE COURTS.—SHAKESPEARE REVIVED.
In the case of Hamlet vs. Rex, Shakespeare's reports, occurs the following:
Scene—Churchyard.—Enter two clowns with spades.
First Clown. Is she to be buried in Christian burial that wilfully seeks her own salvation?
Second Clown. I tell thee, she is; therefore make her grave straight. The crowner hath set on her and finds it Christian burial.
First Clown. How can that be, unless she drowned herself in her own defense?
Second Clown. Why,'tis found so.
First Clown. It must be so, se offendendo; it can not be else. For here lies the point. If I drown myself wittingly, it argues an act; and an act has three branches—it is to act, to do, and to perform. Argal, she drowned herself wittingly.
Second Clown. Nay, but hear you good man, deliver.
First Clown. Give me leave. Here lies the water. Good. Here stands the man. Good. If the man goes to this water and drowns himself, it is nil he, will he, he goes. Mark you that. But if the water come to him and drown him, he drowns not himself. Argal, he that is not guilty of his own death shortens not his own life.
Second Clown. But is this law?
First Clown. Ay, marry is't, crowner quest law.
It hardly needed any better authority than the above to convince simple-minded people of the truth of the observation made by Blackstone that "law is the perfection of human reason." But if law is great, those who expound it are greater.
The woman suffrage trial came on. The judges endeavored to follow the arguments as far as possible, and to religiously earn their salaries by the attention given, if no more. The arguments were finally finished, and the women of the country waited expectantly to hear their legal status defined.
It took just one week for the united judicial wisdom of this District to consider this case in all its bearings, and then the decision came. It was about as follows:
Scene—District Court-room.—Enter Judges with law books.
First Judge. Women are voters but they can't vote. Voting is a privilege and not a natural right, and must be conferred; it has clearly been conferred by the supreme law of the land, therefore women can not vote. A little voting is a good thing, but too much voting is injurious to public interests, as is instanced in our large cities. If women vote, there would be more voting than at present, consequently women are not entitled to vote. The Constitution gives women the right to vote. The organic law of the district does not. The latter, of course, is void where it conflicts with the former, therefore can not women vote. Congress has clearly recognized woman's right to the ballot, wily or nily. But the ballot must come to the woman, not she to the ballot, or else the law is violated. Congress must go further, and point out to women how the ballot must come to her, or else will she not be given Christian reception at the polls who willfully seek to vote thereat. Therefore can not women vote.
Second Judge. Women are men, but men are not women. The former include the latter, but the latter won't be included. That is to say, the law regards men as women but not males as females. It is not every right which can be exercised, as society will not admit of it. The law, which is above society, says women shall vote, but society has not acceded, and hence this court can not interfere. Therefore, I concur that women can not vote.
Third Judge. I do not know but that the better way would have been for Congress to have done otherwise than it did. Why it did as it did is a question. But it did. It might have done more, or less, or both. It might have done otherwise. In either case it would have done so. And then it would have been. But as it is, it is perhaps as well as if it should have been. Therefore can not women vote.
Plaintiffs' Attorneys. But is this law?
The Three Judges. Verily is't the law of the Supreme Court of the District of Columbia.
This parody was written by J. W. Knowlton, son-in-law of Mr. Riddle.
[167] A report of this trial will be found in the California chapter.
[168] Whereas, Complaint has this day been made by —— on oath before me, William C. Storrs, commissioner, charging that Susan B. Anthony, on or about the fifth day of November, 1872, at the city of Rochester, N. Y., at an election held in the eighth ward of the city of Rochester aforesaid, for a representative in the Congress of the United States, did then and there vote for representative in Congress in the United States, without having a lawful right to vote and in violation of Section 19 of an act of Congress approved May 31, 1870, entitled "An act to enforce the right of citizens of the United States to vote in the several States of this Union and for other purposes."
[169] The following ladies voted: Mrs. Hannah Anthony Mosher, Mrs. Mary S. Hebard, Mrs. Nancy M. Chapman, Mrs. Jane M. Cogswell, Mrs Martha N. French, Mrs. Margaret Leyden, Mrs. Lottie Bolles Anthony, Mrs. Hannah Chatfield, Mrs. Susan M. Hough, Mrs. Sarah Truesdale, Mrs. Mary Pulver, Mrs. Rhoda De Garmo, Mrs. Guelma Anthony McLean, Miss Mary S. Anthony, Miss Ellen T. Baker. The following ladies registered but were not allowed to vote: Mrs. Amy Post, Mrs. Mary Fish Curtis, Mrs. Dr. Dutton, Mrs. Charlotte Wilbur Griffing, Mrs. Dr. Wheeler, Mrs. Allen, Mrs. Lathrop.
[170] Ex-President Fillmore, Hon. Charles Sedgwick, Hon. E. G. Lapham, David Wright, Esq., of Auburn.
[171] Indictment against Susan B. Anthony—District Court of the United States of America, in and for the Northern District of New York.—At a stated session of the District Court of the United States of America, held in and for the Northern District of New York, at the City Hall, in the city of Albany, in the said Northern District of New York, on the third Tuesday of January, in the year of our Lord one thousand eight hundred and seventy-three, before the Honorable Nathan K. Hall, Judge of the said Court, assigned to keep the peace of the said United States of America, in and for the said District, and also to hear and determine divers Felonies, Misdemeanors and other offenses against the said United States of America, in the said District committed. Brace Millerd, James D. Wasson, Peter H. Bradt, James McGinty, Henry A. Davis, Loring W. Osborn, Thomas Whitbeck, John Mullen, Samuel G. Harris, Ralph Davis, Matthew Fanning, Abram Kimmey, Derrick B. Van Schoonhoven, Wilhelmus Van Natten, James Kenney, Adam Winne, James Goold, Samuel S. Fowler, Peter D. R. Johnson, Patrick Carroll, good and lawful men of the said District, then and there sworn and charged to inquire for the said United States of America, and the body of said District, do, upon their oaths, present, that Susan B. Anthony now or late of Rochester, in the county of Monroe, with force and arms, etc., to wit: at and in the first election district of the eighth ward of the city of Rochester, in the county of Monroe, in said Northern District of New York, and within the jurisdiction of this Court, heretofore, to wit: on the fifth day of November, in the year of our Lord one thousand eight hundred and seventy-two, at an election duly held at and in the first election district of the said eighth ward of the city of Rochester, in said county and in said Northern District of New York, which said election was for Representatives in the Congress of the United States, to wit: a Representative in the Congress of the United States for the State of New York at large, and a Representative in the Congress of the United States for the twenty-ninth Congressional District of the State of New York, said first election district of said eighth ward of said city of Rochester, being then and there a part of said twenty-ninth Congressional District of the State of New York, did knowingly, wrongfully, and unlawfully vote for a Representative in the Congress of the United States for the State of New York at large, and for a Representative in the Congress of the United States for said twenty-ninth Congressional District, without a lawful right to vote in said election district (the said Susan B. Anthony being then and there a person of the female sex), as she, the said Susan B. Anthony then and there well knew, contrary to the form of the statute of the United States of America in such case made and provided, and against the peace of the United States of America and their dignity.
Second Count—And the jurors aforesaid upon their oaths aforesaid do further present that said Susan B. Anthony, now or late of Rochester, in the county of Monroe, with force and arms, etc., to wit: at and in the first election district of the eighth ward of the city of Rochester, in the county of Monroe, in said Northern District of New York, and within the jurisdiction of this Court, heretofore, to wit: on the fifth day of November, in the year of our Lord one thousand eight hundred and seventy-two, at an election duly held at and in the first election district of the said eighth ward, of said city of Rochester, in said county, and in said Northern District of New York, which said election was for Representatives in the Congress of the United States, to wit: a Representative in the Congress of the United States for the State of New York at large, and a Representative in the Congress of the United States for the twenty-ninth Congressional District of the State of New York, said first election district of said eighth ward, of said city of Rochester, being then and there a part of said twenty-ninth Congressional District of the State of New York, did knowingly, wrongfully and unlawfully vote for a candidate for Representative in the Congress of the United States for the State of New York at large, and for Representative in the Congress of the United States for said twenty-ninth Congressional District, without having a lawful right to vote in said election district (the said Susan B. Anthony being then and there a person of the female sex), as she, the said Susan B. Anthony then and there well knew, contrary to the form of the statute of the United States of America in such case made and provided, and against the peace of the United States of America and their dignity.
Richard Crowley,
Attorney of the United States for the Northern District of New York.
(Endorsed). Jan. 24, 1873.
Pleads not guilty.
Richard Crowley,
U. S. Attorney.
[172] See Appendix.
[173] See Appendix.
[174] Thousands of copies were published in pamphlet form, with the Court report of the trial, and circulated throughout the country.
[175] See Appendix.
[176] To the same effect see former decisions in Massachusetts: Coffin vs. Coffin, 4 Mass., 25; Com. vs. Knapp, 10 Pic., 496; and see also State vs. Snow, 18 Maine, 346; Doss vs. Com., 1 Grattan, 557; Peo. vs. McFall, 1 Wheeler Crim. Rec., 108, note; Holder vs. The State, 5 Georgia, 443; State vs. Allen, 1 McCord, 525; State vs. Jones, 5 Alabama, 666; Armstrong vs. The State, 4 Blackford, 247; Patterson vs. The State, 2 English, 59.
[177] Gibbons vs. Ogden, 9th Wheaton, 221, Ch. J. Marshall. Ogden vs. Saunder, 12 Wheaton, 332, Ch. J. Marshall.
[178] More recent investigation shows that this clause was originated by Mr. Jefferson in 1784. See The Nation for May 4, 1882, and authorities there referred to. See Bancroft's "History of the United States." Vol. II, p. 115.