History of Woman Suffrage, Volume II

by Unknown

Lex.

May 24, 1873.

[New York Sun, Saturday, January 4, 1873].

GOING TO JAIL FOR VOTING FOR GRANT.

The arrest of the fifteen women of Rochester, and the imprisonment of the renowned Miss Susan B. Anthony, for voting at the November election, afford a curious illustration of the extent to which the United States Government is stretching its hand in these matters. If these women violated any law at all by voting, it was clearly a statute of the State of New York, and that State might be safely left to to vindicate the majesty of its own laws. Is is only by an overstrained construction of the XIV. and XV. Amendments, that the National Government can force its long finger into the Rochester case at all.

But so it is. Eager to crowd in and regulate the elections at every poll In the Union, the power at Washington strikes down a whole State Government in Louisiana, and holds to bail a handful of women in New York. Nothing can escape its eye or elude its grasp. It can soar high; it can stoop low. It can enjoin a Governor in New Orleans; it can jug a woman in Rochester. Nothing is too big for it to grapple with; nothing is too small for it to meddle with.... By the by, we advise Miss Anthony not to go to jail. Perhaps she feels that she deserves some punishment for voting for General Grant, but it is a bailable offense. "Going to jail for the good of the cause" may do for poetry, but it becomes very prosaic when reduced to practice. Let Miss Anthony enter into bonds, adjust her spectacles, face her accusers, and argue her own case.

The Worcester Spy said: Miss Susan B. Anthony, whatever else she may be, is evidently of the right stuff for a reformer. Of all the woman suffragists she has the most courage and resource, and fights her own and her sisters' battle with the most wonderful energy, resolution, and hopefulness. It is well known that she is now under indictment for voting illegally in Rochester last November. Voting illegally in her case means simply voting, for it is held that women can not lawfully vote at all. She is to be tried soon, but in the meantime, while at large on bail, she has devoted her time to missionary work on behalf of woman suffrage, and has spoken, it is said, in almost every school district in Monroe County, where her trial would have been held in the natural course of things. She has argued her cause so well that almost all the male population of the county has been converted to her views on this subject. The District Attorney is afraid to trust the case to a jury from that county, and has obtained a change of venue to Ontario on the ground that a fair trial can not be had in Monroe.

Miss Anthony, rather cheered than discouraged by this unwilling testimony to the strength of her cause and her powers of persuasion, has made arrangements to canvass Ontario County as thoroughly as Monroe. As county lines do not inclose distinct varieties of the human race, it is fair to presume that the people of the former county will be as susceptible to argument and appeal, as those of the latter, and by the time the case comes on, an Ontario jury will be as little likely to convict as a Monroe jury is now supposed to be. Some foolish and bigoted people who edit newspapers, are complaining that Miss Anthony's proceedings are highly improper, inasmuch as they are intended to influence the decision of a cause pending in the courts. They even talk about contempt of court, and declare that Miss Anthony should be compelled to desist from making these invidious harangues. We suspect that the courts will not venture to interfere with this lady's speech-making tour, but will be of the opinion that she has the same right which other people, male or female, have to explain her political views, and make converts to them if she can. We have never known it claimed before that a person accused of an offense was thereby deprived of the common right of free speech on political and other questions.

The New York Evening Post said: The proceedings of the Circuit Court of the United States at Canandaigua yesterday, before which Miss Susan B. Anthony was on trial for voting in Rochester at the late general election, were very remarkable. Hitherto the advocates of the right of our countrywomen to vote have hardly obtained a hearing, but Miss Anthony has made an important step in advance. It is a great gain to obtain a judicial hearing for her cause; to have the merits of woman suffrage carefully considered by careful and able men. The appearance of so eminent and distinguished a lawyer as Henry R. Selden in her defense will give to the question a new aspect in the minds of the people. The position he took is still more encouraging to those who think that women have a legal right to vote. The distinction he made between the absoluteness of this right and the belief of Miss Anthony that she possessed such a right, since the guilt relates only to the legal guilt in this particular instance, is of no general importance; but his emphatic testimony, irrespective of the present case, that all women have both an absolute and a legal right to vote, is a fact to command attention.

So convinced was Judge Selden of the validity of this opinion, that for the second time in his professional life, as he himself said, he was compelled to offer himself as a witness in behalf of his client. Being sworn, he testified that before the defendant voted she called on him for advice as to her legal right to vote; that he took time to examine the question very carefully, and then advised her that "she was as much a voter as I or any other man"; that he believed then that she had a legal right to vote, and he believed so now, and on that advice she voted. It seems likely that the decision of the Court will be in Miss Anthony's favor. If such be the result the advocates of woman suffrage will change places with the public. They will no longer be forced to obtain hearings from Congressional and Legislative Committees for their claims, but will exercise their right to vote by the authority of a legal precedent against which positive laws forbidding them from voting will be the only remedy. It is a question whether such laws can be passed in this country. A careful examination of the subject must precede any such legislation, and, the inference from the result of Judge Selden's investigation is that the more the subject is studied the less likely will any legislative body be to forbid those women who want to vote from so doing.