That if at any election for representative or delegate in the Congress of the United States, any person shall knowingly personate and vote, or attempt to vote, in the name of any other person, whether living, dead, or fictitious; or vote more than once at the same election for any candidate for the same office; or vote at a place where he may not be lawfully entitled to vote; or vote without having a lawful right to vote; or do any unlawful act to secure a right to vote, or an opportunity to vote, for himself or any other person; or by force, threats, menace, intimidation, bribery, reward or offer, or promise thereof, or otherwise unlawfully prevent any qualified voter of any State of the United States of America, or of any Territory thereof, from freely exercising the right of suffrage; or by any such means induce any voter to refuse to exercise such right; or compel or induce, by any such means or otherwise, any officer on any election in any such State or Territory to receive a vote from a person not legally qualified or entitled to vote or interfere in any manner with any officer of said elections in the discharge of his duties, shall be deemed guilty of a crime and shall for such crime be liable to prosecution in any court of the United States, and on conviction thereof shall be punished by a fine not exceeding $500 or imprisonment for not exceeding three years or both at the discretion of the court.
Upon reading this article Miss Anthony hastened back to the registration office and assured the young men that she would be personally responsible for all costs growing out of any suit that might be instituted against them for having registered women. As an outgrowth of all this discussion about fifty women registered in the city, fourteen of them in Miss Anthony's own ward. As a whole, the tone of the press was so adverse that all the inspectors except those of the 8th ward were intimidated and refused to receive the votes of women on election day.
Bright and early on the morning of November 5th, Miss Anthony and six of the women presented themselves at the polling booth. The ladies went early not in order to vote often, but to avoid any disturbance which might result from so novel a scene if it were enacted when the streets had become crowded. Each of these new voters was in turn challenged, and each swore in her vote, except Rhoda De Garmo, who in true Quaker fashion refused either to "swear" or to "affirm," simply saying "I will tell the truth." Nevertheless her vote was also received.
The discussion of this action continued in the papers and on November 28th, Thanksgiving day, those fourteen offending citizens were informed that they were to be prosecuted by the United States Government, and that Commissioner Storrs wished them to call at his office. The ladies refusing to respond to this polite invitation, Marshal Keeney made the circuit to collect the rebellious forces. It was the afternoon of Thanksgiving day that Miss Anthony was summoned to her parlor to receive a visitor. As she entered she saw her guest was a tall gentleman in most irreproachable attire, nervously dandling in his gloved hands a well-brushed high hat. After some incidental remarks the visitor in a hesitating manner made known his mission. "The Commissioner wishes to arrest you" were his first words touching the object of his call. "Is this your usual method of serving a warrant," asked Miss Anthony; whereupon the Marshal summoned courage enough to serve the usual legal paper.[168] He gallantly offered to leave his prisoner to go alone, but Miss Anthony refusing to take herself to Court, the United States official meekly escorted her to the Commissioner's office. When all the ladies had arrived, the Commissioner, after hours of waiting, announced that the Assistant District Attorney whom he had summoned to examine the culprits, was unable to reach the city that afternoon, and so the ladies were dismissed to appear the next morning.
The voters received their preliminary examination in the same small dingy office where, in the days of slavery, fugitives escaping to Canada had been examined and remanded to bondage. This historic little room is a double disgrace to the American Republic, as within its walls the rights of color and of sex have been equally trampled upon.
The fourteen women pleaded "not guilty," but the Commissioner ordered bail of $500 each for their appearance at the Albany term of the United States District Court January 21, 1873. Miss Anthony refused to give bail, and petitioned for a writ of habeas corpus. The Inspectors were also arrested, and had their final hearing the afternoon of the same day before Commissioner Ely,—Hon. John Van Voorhis their counsel—and were bound over to the Albany Term. The hearing on Miss Anthony's petition was had before Judge Hall. The decision was adverse, and bail of $1,000 demanded for her appearance at the May term at Rochester. The Grand Jury found a true bill of indictment against her, the fourteen other women, and the three Inspectors. Miss Anthony objected to giving bail, but was overruled by her counsel, Hon. Henry R. Selden, whose sense of gallantry made him feel it a disgrace to allow his client to go to jail. This was a source of deep regret to Miss Anthony, as it prevented her case going to the Supreme Court of the United States for final adjudication.
During the intermediate period between November 28, 1872, and January 21, 1873, Miss Anthony, in the eye of the law, was imprisoned, but the Marshal, though somewhat uneasy, left her free to fulfill her lyceum engagements and attend woman suffrage conventions. A singularly anomalous position for a criminal, traveling about the country as a teacher of morals to the people! Learning that in case the jury returned a verdict of guilty the judge must declare the costs of the trial against the defendants, she determined to canvass Monroe County, in order to make a verdict of "guilty" impossible. She held meetings in twenty-nine of the post-office districts, speaking on the equal rights of all citizens to the ballot. Hearing that District Attorney Crowley threatened to move her trial out of that county, she sent him word that she would then canvass the next with an army of speakers.
The court sat in Rochester May 13th, but several days passed without calling the case. Finally, it was moved by District Attorney Crowley, merely to ask its adjournment to the June United States Circuit Court at Canandaigua. Counsel protested, but without avail, and both the women and the Inspectors were again required to answer the charge and renew bail. This motion for change of venue was made on Friday, and the following Monday night Miss Anthony held her first meeting in Ontario County. In the twenty-two days before the convening of the Court she made twenty-one speeches. Matilda Joslyn Gage came to her aid, and spoke in sixteen townships, thus together making a thorough canvass of that county. Miss Anthony's speech, "Is it a crime for a United States citizen to vote," and that of Mrs. Gage, "The United States on trial, not Susan B. Anthony," were most effective in rousing general thought on the vital principles of republican government, and did much toward enlightening the possible jury in the coming trial.
The last meeting of the series was held at Canandaigua on the evening before the trial. Strong resolutions against these acts of injustice toward woman were introduced by Mrs. Gage, and unanimously indorsed by the audience. Thus the case went to trial with ample opportunity for the District Attorney and the Judge to know the opinions of the people, and for the men of Ontario to be too generally enlightened on the subject to find any twelve who could be trusted to bring in a verdict of guilty against the women for voting, or the inspectors for receiving their votes.
The following is the argument which Miss Anthony made in twenty-nine of the post office-districts of Monroe, and twenty-one of Ontario, in her canvass of those counties, prior to her trial, June 17, 1873: