Page:History of Woman Suffrage Volume 2.djvu/984

 missed. Our emineuteminent [sic] jurist, Judge King, used to say: "This is a civil suit run mad."

Has any citizen of Philadelphia supposed that if there is a doubt as to his right to vote—one of those numerous doubts that arise in changes of residence, time of registration, naturalization, etc.—and wishing scrupulously to do right, he go to the window and fully and fairly state his case, and the election officers consider it, and adjudge that he should vote then and there, has any citizen heretofore known that he thus became liable to conviction for a crime under the Ku-Klux laws, if some judge of a court should think the election officers decided the point erroneously?

Yet that is the doctrine of Miss Anthony's case. Her garb and person sufficed to tell she was a woman when she approached the polls, and there was also argument over the matter, exhibiting afresh the fact notorious at her home, that she claimed a lawful right to vote under certain amendments of the Constitution. She was no repeater or false personator, or probably she would not be persecuted, and certainly she would be pardoned.

She submitted her right to the election officers, and they, the judges appointed by the law, decided in her favor. It is just the case we have supposed in Philadelphia, and which often really occurs here, and may occur anywhere. And now we are told the Ku-Klux law makes this hitherto laudable and innocent mode of procedure a crime, punishable with fine and imprisonment! This is the decision over which many journals are laughing because the first victim is a woman. We can not see the joke.

Mrs. Myra Bradwell, the editor and publisher of the Legal News, of this city, is a warm advocate of woman's rights. In the last number of the News, speaking of Susan B. Anthony, she declares that Judge Ward Hunt, of the Federal bench, "violated the Constitution of the United States more, to convict her of illegal voting, than she did in voting, for he had sworn to support it, she had not."

Sister Myra is evidently not afraid of being hauled up for contempt of court.

Editor of St. Louis Globe:—I ask the favor of a small space in your paper to notice the very remarkable decision of Judge Hunt, in the case of the United States vs. Susan B. Anthony. The Judge tells us "that the right of voting, or the privilege of voting, is a right or privilege arising under the constitution of the States, and not of the United States. If the right belongs to any particular person, it is because such person is entitled to it as a citizen of the State where he offers to exercise it, and not because of citizenship of the United States."

If this position be true (which I do not admit), then Judge Hunt should have pronounced the act of Congress unconstitutional, and dismissed the case for want of jurisdiction. If the matter belongs exclusively to the States, then the United States have nothing to do with it, and clearly have no right to interfere and punish a person for the (supposed) violation of a State law. But this is one of the least of the criticisms to which this opinion is exposed. A far graver one consists in the fact that the defendant was denied the right of a trial by jury.

The Supreme Court of the United States say: "Another guarantee of freedom was broken when Milligan was denied a trial by jury. The great minds of the country have differed on the correct interpretation to be given to various provisions of the Federal Constitution, and judicial decision has been often invoked to settle their true meaning; but, until recently, no one ever doubted that the right of trial by jury was fortified in the organic law against the power of attack. It is now assailed; but if ideas can be expressed in words, and language has any meaning, this right—one of the most valuable in a free country—is preserved to every one accused of crime, who is not attached to the army, or navy, or militia in actual service. The VI. Amendment affirms that in 'all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury,' language broad enough to embrace all persons and cases."—Ex parte Milligan, 4 Wallace, p. 122.