The new Northwest. [volume] (Portland, Or.) 1871-1887, 1873-10-03

rendered; and reference can be made, if
necessary, to n number of cases showing
that the right to poll the jury is an alb
solute right in all cases.
Now the answer Mr.. L. makes to this
is, that the act itself constitutes the
crime, and it makes no difference what
the intention of the accused might have
been. Until my young friends advent
| had supposed that intent was the prin-
cipal ingredient of crime. From the
highest to the lowest grade of crime the
felOnious intent has heretofore been the
qrdUdDlen of the charge. Bnt this old
fashioned law, il would seem, has out
lived its day. And my young friend r..
appears rs new luminary upon the
legal horizon. That / may not be
charged with Misrepresentation, quote
his own language: "The legal offense
was in the act, not in the intentions
accompanying il, rs Mrs. IoZier seems
to imagine. The voting being admitted,
the only thing the jury could pass upon
was admitted; with motives and inten-
tions they had nothing TO do" And
from justice of the peace, believe.
Now, ! humbly submit that the in
tent which accompanies commission of
an act is n very important fact in deter
mining the question of crime; and the
intent being u fact the jury only can tie
termine that fact. And right here |
respectfully submit that my illustration
of the man with the "chOice fowls" is
in point. The pith of that illustration
was this, that If a man honestly be-
lieved, though mistaken, That his own
fowls were in his neighbours grounds,
and should drive them home, he cannot
be convicted of the crime of stealing.
Why not? Because there is one quality
of the crime lacking, viz: the felOniOus
intent to steal. But according TO the
logic of my young friend the man guilty
of such a "lOwln proceeding should be
summarily convicted by the court upon
admitting that he took the fowls. for my
friend says, "the legal offence was in
the act, not in the intention. The [tak-
ingl voting being admitted, the only
thing the jury could pass upon was adj
mitted; with motives and intentions
they r.. c. the jury had nothing to do. /"
Blackstone says, in his Commentaries,
referring to theft: "The taking and car
rying away must be done ammo j,trceidi,
! /. c. with felonious intent" What a
blockhead Blackstone must have beenl
Now among other eminent law writ
ers / quote such expressions as the fol-
lowing: "Intention is a fact" Again:
''rhe intention of the defendant is a
question for n jury to determine
Again: "The felOnious quality consists
in the intention of the prisoner to de-
fraud the owner.n Again: "If goods
are taken on a claim Of right of prop
erty i'm them which the taler honestly,
though mistakenly, believes he pos
sesses, il is no felony" Again: "AIis-
taking anOther's property for ones own,
is neither legally or morally crime.''
Again: "In all cases of larceny, the
question whether he took them in good
faith under a claim Of right, are ques-
tions entirely for the jury,E 70 be deter
mined by them upon q view Of the par
tieular facts of each case.n
Now let us apply this principle Of law
to Miss AnthOny's ease. The statute
under which she was tried says that IL
she shall knOWingly vote without the
lawful right to vote, then il shall be 2
crime. The law does not say that if she
shall vote without lawful right, then il
shall be n crime; but il she shall kaOW-
ngly vote without lawful right, then,
and not till then, shall it be crime.
Now whether or not she voted knowing
IL to be unlawful, icds q question Of fact
> y
on earth, had the right to try. And in
determining that question, the jury had
right to take into consideration the
'goOd faith under claim of right on
| the part of Miss Anthony. And in sup
port of that position, the counsel should
have been permitted to argue to the
| Jury that the advice of eminent counsel
that she had the right, and the decision
of the inspectors of election, who were
acting in IA judicial capacity, that she
had such right, and the absence of any
thing to conceal her sex; and the public,
open handed, innocent manner with
which she performed the act, stripped
the offence of that vital ingredient, viz.
criminal or felOnious intent; aad then
upon the rendering of the verdict by the
jury, the question of fact would have
been finally and constitutionally deter
mined.
Suppose my legal friend should be liv.
ing upon the border line of New York
State and Connecticut. The boundary
line is in dispute. You are not quite
certain upon which side of the line yoJ
live. The law provides that you mus
live in the State one year before you cal
vote. You desire to vote. You consult
civil engineer who has surveyed th'
line, and some good lawyer who has ex
amined the description the construction
of which is i'm dispute. They both tel
you that you live in New York State
You present yourselves to the Inspector
of election, and inform them as to thl
exact residence. They deliberate, anC
decide to receive your vote. Subse
quently the boundary line has got int
the courts, and the courts have pu
their construction. upon the disputed
point; and, 10 and behold, you find yOl
were a resident of the State of Con
necticut at the time you voted. NoI
have certainly voted without the law
ful right to vote" but will my yOun!
learned friend say that under such cir
lcumstances you have committed :
crime? Is not the fact that you vote,
by a mistake, without the intent 4
commit the Otfense, and not knowing
that YOU were not entitled to vote,
great and controlling fact in the de
Termination of your alleged Offense
and should not the jury be permitted L
decide?
Again, let us suppose that you wer
In Doubt as to your age. An election i
near at hand. You know you are abou
twenty-one years of age. You 90 10th
old Family Bible, and there find tina
YOU were born twenty-One years befor
the day preceding the election. Hol
vote. Subsequently it appears that tn
Bible record was wrong. 1t turns on
that you were born twenty-ome year
before the day succeeding the election
Are you guilty of n crime? OF cours
J you are, according 10 the proposition o
my disputant.
: My friend, in one OF his flippant filings
charges me with absurdity. will no
retaliate. | think it more in aecor
, with good sense and good breeding tina
our readers should Judge of the merits q