Before she voted, Susan had taken the precaution of consulting Judge Henry R. Selden, a former judge of the Court of Appeals. After listening with interest to her story and examining the arguments of Benjamin Butler, Francis Minor, and Albert G. Riddle in support of the claim that women had a right to vote under the Fourteenth and Fifteenth Amendments, he was convinced that women had a good case and consented to advise her and defend her if necessary. Judge Selden, now retired from the bench because of ill health, was practicing law in Rochester where he was highly respected. A Republican, he had served as lieutenant governor, member of the Assembly, and state senator. Susan had known him as one of the city's active abolitionists, a friend of Frederick Douglass who had warned him to flee the country after the raid on Harper's Ferry and the capture of John Brown. Such a man she felt she could trust.
All was quiet for about two weeks after the election and it looked as if the episode might be forgotten in the jubilation over Grant's election. Then, on November 18, the United States deputy marshal rang the doorbell at 7 Madison Street and asked for Miss Susan B. Anthony. When she greeted him, he announced with embarrassment that he had come to arrest her.
"Is this your usual manner of serving a warrant?" she asked in surprise.[292]
He then handed her papers, charging that she had voted in violation of Section 19 of an Act of Congress, which stipulated that anyone voting knowingly without having the lawful right to vote was guilty of a crime, and on conviction would be punished by a fine not exceeding $500, or by imprisonment not exceeding three years.
This was a serious development. It had never occurred to Susan that this law, passed in 1870 to halt the voting of southern rebels, could actually be applicable to her. In fact, she had expected to bring suit against election inspectors for refusing to accept the ballots of women. Now charged with crime and arrested, she suddenly began to sense the import of what was happening to her.
When the marshal suggested that she report alone to the United States Commissioner, she emphatically refused to go of her own free will and they left the house together, she extending her wrists for the handcuffs and he ignoring her gesture. As they got on the streetcar and the conductor asked for her fare, she further embarrassed the marshal by loudly announcing, "I'm traveling at the expense of the government. This gentleman is escorting me to jail. Ask him for my fare." When they arrived at the commissioner's office, he was not there, but a hearing was set for November 29.
On that day, in the office where a few years before fugitive slaves had been returned to their masters, Susan was questioned and cross-examined, and she felt akin to those slaves. Proudly she admitted that she had voted, that she had conferred with Judge Selden, that with or without his advice she would have attempted to vote to test women's right to the franchise.[293]
"Did you have any doubt yourself of your right to vote?" asked the commissioner.
"Not a particle," she replied.
On December 23, 1872, in Rochester's common council chamber, before a large curious audience, Susan, the other women voters, and the election inspectors were arraigned. People expecting to see bold notoriety-seeking women were surprised by their seriousness and dignity. "The majority of these law-breakers," reported the press, "were elderly, matronly-looking women with thoughtful faces, just the sort one would like to see in charge of one's sick-room, considerate, patient, kindly."[294]