New-York tribune., 1873-06-19
MISS ANTHONY'S CRIME.


CANANDMGUA, N. Y, June lS-fhe courtroom
was again throneed tins morning at the hour of
opening, by an attentive audience gathered to wit
ness the further progress of of Miss Anthony.
TIE DISrRIcT-ATToRNE1's ABGuMrNr.
Attorney Crowley referred 70 Che argument OF
Judge Selden IN earnest ana effective speech con
suming almost two hours In delivery. He began
by stating that In his view Of the it presented
SIMPLY questions OF law, and that his argument would
therefore be addressed strictly the court leavgthe
court TO give such the jury, upon the
facts, he might oeem proper. After stating the po-
sitions OF the Tor the defendant he reced the
language OF the Fourteenth Amendment TO the Federa
Constitution and claimed that neither the persons VINO
drafted the Congress that framed, the people VINO
adopted meant thereby 10 confer upon a czhs tne
right Of franchise; that 20 give tue article lha1
broad construction would be 20 override OF
annul the provisions OF Sate CONSTITUTIONS ana
state laws, and confer the right OF franchise
upon the insane, the convict and the luo' as we'll anu
that such construction would be an aosurdlty. lie
contendod that right to voJe was not incNdeu IN tne
terms privileges and immunlues as usel III Tue Cou-
stitution OF the United states that these terms were
intended only rs defining the immuncS which were IN
their nature fundamental and which have been enjoyed
by the citizen freu the foundation Of the Government
as asr,rticipaon in the admin stratOn OF Government
the rch OF property, the right to the enjoyment Of life
aud liberty the right OF resort to the wit "t abeas cor
uus To which may be added the right 70 the elective
s,ituton of the in which the right Is to be exer
cised tha there was intent In the laws the Con-
,titutou Of the state confer right OF franchise
upon woman; that the right Of prescribing and regu-
L4tiug The franchise rests, aud always has
rested JOB tbe laws aud constructions OF the several
States and that the Fourteenth Am ndment only recog
niz.d that -ht. He dsclamcd any intention OF dis
cUssiuc policy Of allowing women % VOTE and said
that that question belonged to another tribunal and for
It's establishment women must look TO the Legislature
and the courts; that the Fifteenth Amendment to
the Constitution only declares tlat state nor the
United States shall ahrid,e ue qualification OF the citl-
zen to franchise OF color, previous
condition OF scrvitde and in these respects alone, and
tnat the rCht of the defendant well as of all other
citizens of this State is only given aud comtenanced in
the state laws aud State Constitution; and that both
by Federal and State Constitution the right to vote
is only conventional and neither natural nor inaen-
able; that the people OF State have right TO prescribe
the regulations under which that ught shall be exer-
cised. and that the Constitution Of the state of New
York makes the limitation TO male citizens alone, and
that right had not been extended by the enactment
Of the Fourteenth Amendment.
Mr. Crowley referred 10 the decisions Of the United
States Court the Of Myra Budwen aud In the
Louisiana saughteT-house cases, in which he claimed
that the intent and meaning OF the Ihirteeuth' Four
teenth. and Fifteenth Amendments were construed and
defined adversely to the defendant in this case. Upon
the question Of intent Mr. Crowley contended that it
was not in the case and that tie meaning Of the
word knowingly" as used in the statute. was only
that the party charged should know That she at the
time engaged iD the act Of voting md insisted that this
restricted construction should be applied 10 this case
that the declaration that madc by the defendant
on the preliminary examination before the Commits
soner that she resolved 10 vote upon the first op
poruny established the fact that she knowingly voted
in open violation of the laws, and that the maxim that
Ignorance Of the law is excuse bears with It's full
force upon the defendants He concluded his ar
Cumenf by saying thatH would be a sad day in the ad
inistraton OF the criminal law when IT shall DO held
by the courts that person charged with the commits
Of crime should be allowed to 50 upon the witness
stand and plead that he ignorant Of the law
excuse for his ofenSe that an honest mistake Of the
facts may sometimes excuse but mistake of the law
never
Mr.. Crowly was listened q, with marked at
tention and made calm bat earnest and Cogent
argument. st the close of lr. Ci6witys address
Judge Hunt delivered the following opinion
and decision:
JUDGE HUNTS OPINION.
n" defendant indicted undr thc act % Congress
Of 1870 FOR having voted o representatives IN Congress
IN November. 1871 Among other things that act makes
II of anse FOR person 70 vote without having any
right TO vote 1t is charged that the defendant thus
voted she not having right TO vote because she is
The defendant insists that she has night to
vote that the provision of the law II this State limit
ing the right TO vote to persons OF the male sex is in
violation OF the Fourteenth Aue1dent Of the COnstu
of the United States and is void. The Thirteenth,
Fourteenth, and Fifteenth Amendments were designed
mainly for the protection Of the newly emancipated
negroes. but fun effect must nevertheless be given
10 the language employed. The Thirteenth Amendment
provided that neither Slavery inYOuntry servtude
should longer exist in the United States. II honestly
ceived and fairly applied this provision would have
been enough TO guard the rights Of the coored In
some States 1t attempted to be evaded by enact
ments cruel and oppressive in their nature that col
ored persons forbidden appear IN the towns
cept N a menial capacity; that they should reside
Aud cultivate the soil without being allowed TO it;
that they not permitted 10 give testimony in cases
where White party they were excluded
performing particular kinds of business profitable
Improbable. and they denied the right OF suf
frage. the difficulties arising from this state of
things the Fourteenth aud Fifteenth Amendments were
enacted
THE NATURE AND RIGHTS OF CITIZENSHIP.
The Fourteenth Amendment created ana defined citi-
genship OF the United States 1t has long been
tended and has held by many learned authorities
been judlcally decided 10 the contrary
that there was no thing citizen of the United
States except as that condition EOse from citizenship
of some State No mode existed, it said, OF obtain
ing citizenship OF the United States except by first be-
coming citizen Of State. This question is at
rest The fourteenth Amendment defined and declared
who shall be citizens Of the United States, to wit All
persons born natuTazed In the United States and
subject the jurisdiction thereof Tie latter qualihca
ton wa intended TO exclude the children OF foreign
representatives and the like With this qualification
every person born in the United States naturaized
is declared 10 be citizen Of the United states and OF
the State wherein he resides. After creating and den-
ing citizenship OF the United States, the Amendment
provides that no State shall make enforce any law
which shall abridge the privileges or immunites OF the
citizen Of the United Tis is intended 70
be a protection. not to al rights, but to
our RIGHTS IA citizens Of the United states only;