Page:History of Woman Suffrage Volume 2.djvu/976

938 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.

The trial of Miss Anthony at Canandaigua on a charge of having voted illegally on the 5th of November last, in this city, has attracted attention throughout this country and in England. It was a great National trial, intended as Judge Hunt said, as the purpose of the act of voting in this case, to settle a principle. The eminence of the judge presiding and the reputation of the counsel engaged in the case, gave it further significance. All the counsel won new laurels in this contest. Judge Selden could scarcely increase the respect for his character and legal ability by any fresh contest in the forum, but he evinced the power of his logical faculties and his perfect acquaintance with law and legal precedent in his closely reasoned argument. Mr. Crowley, United States District Attorney, made a very able argument in reply, which all agree was worthy of his high position and of the cause in which he appeared for the Government. Mr. Van Voorhis showed legal erudition