Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-06-19
Another Phase of our Utah Diff
cUlty-The MiIleT's COnVen-
tiOn-The London Bank
FOrgers.
Discoveries at Jerusalem-The
Shah Of Persia's Reception In
LOndOn-The Franklin
Statue in New
Orleans.
Grimes and Casualties Railroad
Matters-The Boston Wool
Market = Miscelia-
ne0Us News.
A Judicial Opinion in a WOman's suE
6saaa

Judicial Opinion in a WOman's suE
! frage Case.
| CANANDAIGUA,N. Y, June 1S.-Judge
Hunter, in his opinion in the
case of Susan B. Anthony, says the
/ right OF voting, or privilege of voting, is
a right or privilege arising under the
constitution of the State, 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 the State of New York should
/ provide that no person should vote un-
/ til he had reached the age OF thirty-one
years, or after he had reached the age of
/ fifty, or that no person having
/ grey hair, or who had not possession
of all his limbs, should be entitled to
vote, do not see how it could be held
/ to be violation of any right, denied
or held, under the constitution of the
United States. If the legislature of the
State of New York should require
/ higher qualification in voter for rep
resentative in congress than is required
| in a voter for a member of the assem-
| bly,, this would, conceive, be a viola
! tion of right belonging to every one
as citizens of the United States. That
right is in relation to a federal subject or
interest, and can be guaranteed by the
! federal constitution. The inability of
State to abridge the right of voting, on
account of race, color or previous condi-
ton of servitude, is a federal guaran-
ty, and its violation would be a denial
of federal right that is a right be-
llOnging to the claimant as A citizen of
the United States. This right herein
exists by virtue of the fifteenth amend
ment. If the fifteenth amendment had
contained the word "seXn the argument
! of defense would have been patent.
She would have said, in the attempt by
a State TO deny the right to vote because
one Is of a particular sex is expressly
prOhibitOTy by this amendment. The
amendment, however, does not contain
that word, but it is limited to race, col
or, or previous condition of servitude.
The legislature of the State of New
York has seen fit to say that franchise
Of voting shall be limited to the male
sex. In saying this there is, in my judg-
ment, no violation of the letter or of the
spirit of the fourteenth amendment.
This view is assumed in the second sec
ton of the fourteenth amendment,
which enacts that if the right to vote for
federal officers is denied by any State to
any of the male inhabitants of such
State, except for crime, the basis of rep
resentatiOn of such State shall be re-
duced in the proportion specified. Not
only does this section assume that the
right of male inhabitants to vote was
the especial object of its protection, but
it assumes and admits the right Of a
State, Notwithstanding the existence of
that clause-under which the defendant
claims TO the cOntrary-to deny any of
the male inhabitants the right to vote
which is allowed to other male
inhabitants. The regulation of the suf-
frage is conceded to the States as a
right. The case Of Myra BradwelI, de-
cided at a recent term of the supreme
court of the United States sustains both
these positions. The fourteenth amend
ment gives no right to woman to vote,
and the voting by Miss Anthony was in
violation of the law. If she believed
she had a right to vote, does that re-
lease her from the penalty? 1t is ar
gued that the knowledge referred to in
the act referred to relates to her knOwl-
edge of the illegality of the act, and not
to the act of voting; for it is said she
must know she voted. Two principles
apply here; first, ignorance of the law
excuses no Cne; second, every person
is presumed to understand and to intend
the necessary effects of his own
acts. Miss Anthony knew she was
woman, and that the constitution of
this State prohibits her from voting.
She intended to violate that provision.
She intended to test it perhaps, but GER
tainly intended To violate it. The ne
cessary effect of her act was to violate
it, and then she is presumed to have in
tended it. There was nOignorance of any
fact, but all facts being known, she un-
dertOOk to settle principle in her own
person. She takes the risk and she
ought not to shrink from the cOnsequen-
ces. The court declined TO submit the
case to the jury upon any question what
ever, and directed them to render ver-
diet of guilty against the defendant.
Judge Selden, counsel for Miss AnthO-
ny, then requested the clerk to
poll the jury, which request
was denied by the court, and verdict of
guilty was rendered, The defendants
counsel excepted 10 the decree and ac-
ton of the court and insisted that, upon
the construction given to the law by
the decision, there had been only viola
tion of the State law, and that the Uni
ted States court had no jurisdiction.
The sentence has not yet been pro-
nOunced.
At two o'clock this evening the case
of the United States against Jones,
Marsh and Hall, inspectors of the cleo
ton, who registered the names and re-
ceived the votes of Miss Anthony and
her cO-defendants, were placed on trial.
The proof on the part of the prosecution
was similar to that in the case of Miss
Anthony. The defense proved the good
faith OF the parties accused of receiving
the votes, and the rest of the case was
argued on the part of the de-
PENDANTS by VanVoThes. AT the
close of his argument the defendants
counsel asked to be permitted 20 ad-
dress the jury in their behalf, which re-
quest was refused by the court. He
then asked the court to charge the jury;
that if the jury believed that the defend
ants acted honestly, and in accordance
10 their best judgment, and had only
erred ia judgment, then they should be
acquitted. This the ceurt refused.
Judge Hunt then announced his de-
cisicn IN defense, and stated that in
stead of the ordinary verdict of guilty,
as in the case of Miss Anthony,
he would submit the case to the jury
with instructions; that there was no
Justification for the act for the defend
ants, and that in effect they were all
/ guilty; and he stated to the jury that
they could agree in their places or retire
! for deliberation. The jury chose the lat
! ter and retired. The court took recess
Of half an hour, at expiration of which
the jury came in and said that they ha6
pot agreed. They were sent out again
with Instructions that unless they agreed
within few minutes the court would
adjourn uRtil morning,
The MiIIers' OORVensiaa.
TOLEDO, o., June lS.-The millersi
! convention elected as officers for the en-
suing year: Jacob Barnes, of Michigan,
president; with one vice-president from
each State; K. B. Merrill, of Michigan,
secretary and treasurer. The report of
/ the committee on the constitution, after
! discussion and amendment, was adopt
ed. The standing committee presented
a lengthy report upon the objects and
( benefits of a milleFs' national associa-
/ ton. At the evening session resolu-
ton was presented declaring it import
ant that each State form a State millers,
association, for the purpose of regulating