[74] The Buffalo suffrage club sent $100; the Chicago club, through Mrs. Fernando Jones, $75; the Milwaukee club, through Madame Anneke, $50; the Milwaukee "radicals," $20; the New York club, through Lillie Devereux Blake, $50; the patients at the Dansville Sanitarium, $30. Dr. Lozier sent $30; Lucretia Mott, $30; Dr. E.B. Foote, of New York, $25; Phebe Jones, of Albany, $25; Dr. Sarah Dolley, of Rochester, $20; the Hallowells, $25; the Glastonbury Smith sisters, $20; and from men and women in all parts of the country came sums from fifty cents upwards, all amounting to over $1,100. Gerrit Smith sent at first $30 to help defray the expenses of the trial, and after it was over a draft for $100, saying: "I send you herewith the money to pay your fine. If you shall still decline doing so, then use it at your own discretion to promote the cause of woman suffrage." Mrs. Lewia C. Smith raised a purse of $100 among Rochester friends and presented it as a testimonial to Judge Selden, in the name of the Women Tax-Payers' Society. Miss Anthony gave a lecture in Corinthian Hall for the benefit of the inspectors, which netted about $180.
[75] The first Woman's Congress, afterwards called the Association for the Advancement of Women, was organized during the autumn of this year. To the call were appended the names of most of the noted women of the day, but Miss Anthony's was conspicuously absent. Her most intimate friends being among the signers, and supposing she was to be also, made inquiry as to the reason and received this answer: 1st, Her name beginning with A would have had to head the list; 2d, Her title as president of the National Woman Suffrage Association would have had to be given; 3d, She could not be managed. Miss Anthony was so greatly amused at these reasons that she quite forgave the omission of her name.
[76] And yet on November 4 she stole away long enough to go to the polling-place and again offer her vote. It was refused, she found her name had been struck from the register, and thus ended that battle.
[77] Three of the brave Rochester women who went to the polls at the election of 1872, died within one year: Guelma Anthony McLean, Mary B.F. Curtis and Rhoda De Garmo.
CHAPTER XXVI.
NO CONSTITUTIONAL RIGHT TO JURY OR FRANCHISE.
1874.
Miss Anthony's case continued to attract widespread attention, Judge Hunt's arbitrary action finding few apologists even among opponents of woman suffrage. It was finally decided by her counsel and herself to make an appeal to Congress for the remission of the fine, which, if granted, would be in effect a declaration of the illegality of Judge Hunt's act and a precedent for the future. Judge Selden based his authority for such an appeal on a case in the United States Statutes at Large, chap. 45, p. 802, where a fine of $1,000 and costs, illegally imposed upon Matthew Lyon under the Alien and Sedition Laws, 1799, were refunded with interest to his heirs. Mr. Van Voorhis found an authority also in an act passed by the British Parliament in 1792, correcting the departure from the common law, in respect to the rights of juries, by Lord Mansfield and his associates in the cases of Woodfall and Shipley. This act was passed through the exertions of Lord Camden and Mr. Fox in order to prevent the erroneous decisions of the judges from becoming the law of England.