An Account of the Proceedings on the Trial of Susan B. Anthony, on the Charge of Illegal Voting, at the Presidential Election in Nov., 1872, and on the Trial of Beverly W. Jones, Edwin T. Marsh, and William B. Hall, the Inspectors of Election by Whom Her Vote was Received.

by Anonymous

And as to voting:

"If any person shall ... knowingly and wilfully receive the vote of any person not entitled to vote, or refuse to receive the vote of any person entitled to vote ... every such person shall be deemed guilty of a crime."

Act of May 31, 1870, § 19.

To bring an inspector within either of these sections he must know as matter of fact, that the person offering to vote, or to be registered, is not entitled to be registered or to vote.

The inspectors were compelled to decide the question, and to decide it instantly, with no chance for examination or even consultation—and if they decided in good faith, according to the best of their ability, they are excused, whether they decided correctly or not in point of law.

This is too well settled to admit of dispute—settled by authority as well as by the plainest principles of justice and common sense.

The law never yet placed a public officer in a position where he would be compelled to decide a doubtful legal question, and to act upon his decision, subject to the penalty of fine or imprisonment if he chanced to err in his decision.

All that is ever required of an officer, so placed, whether a judicial or ministerial officer, so far as is necessary to escape any imputations of crime, is good faith.

Ministerial officers may be required, in some cases to act at their peril as to civil responsibilities, but as to criminal responsibilities never.

Inspectors of elections, however, acting in good faith, incur neither civil nor criminal responsibilities.