Year: 1873

content with this action on her part. |
ana on her own responsibility, her friends |
made the most open and shameful ap- |
peals to the public to furnish funds to
enable her to support this stumping F."
tour.


Could more shameful or bolder at |
tempt have been made to corrupt the
fountain of justice, or tamper with the
Jury-box2 What was there in the |
bribing of judges and jurors, in New
York city, more than there was in this
course of procedure? Men are infu-
cnced through their sympathies, preju-
dices and passions, as well as through |
their pockets Imagine, for moment, |
the friends of Stokes and of Fisk taking |
the stump" in New York city; the
one intiaming or attempting TO inflame,
the passions of the populace against
Stokes for the shooting, and the other |
appealing to the moral sense of the com |
munity, and popular prejudices against
Fisk, and then compelling court of
justice to select an unprejudiced, unbi-
ased jury, to give Stokes a fair and inn
partial trial and "true deliverance
make on the law and evidence given in
court. Go step further, and think Of
the adherents of the one and the other
openly appealing to the pecuniary inter-
ests of the citizen to insure q verdict the
one way or the other, and calling upon
the public to contribute money to that
end. We opine that way would be
quickly found to put a stop to such dis
graceful proceedings, and the partici-
pants therein quickly and summarily
punished as the worst and most danger
Gus class of criminals. Yet this is what
Susan B. Anthony undertook to do in
her own behalf, and for which the pub
lie were urged to contribute. Prior to
the time appointed for the hearing at
Utica, she had addressed the citizens of
every town and city, if not school dis
trict, in the circuit in reference to her
then approaching trial, and had appealed
to their passions, prejudices and sympa-
thies to such an extent, that the district
attorney thought it best to ask for a
postponement of the trial and change
of venue, which were granted. lmmc-
diately thereafter commenced, the
second series of "stump speech.
es," accompanied by earnest ap-
peals to the American people for money
TO enable their repetition in every school
district in the circuit, in which Canaan
daigua was embraced, and from which
her triers must be selected.


The verdict of the jury, and the judg-
ment of the court has placed the seal of
reprobation upon such conduct. 1t has,
also, settled another question, if, indeed
there was any question about it. 1t is a
familiar principle of law that in GER
| tain class of cases, intent is the essence
| of the crime In other words, that GER
| tain crimes cannot be committed with
| out criminal intent. This, however, is
modified, to some extent, by the other
maxim, that a man is presumed to in
! tend that which his acts must necessarily
result in. If one takes the property of
another knowingly and clandestinely,
he is guilty of the crime of larceny, and
cannot defend himself on the ground
| that he was ignorant of the law, or that,
in accordance with his peculiar religious
belief, he considered his action morally
and legally right. 1t is a matter of some
surprise, then, that a court should be
called upon by so learned jurist and
counsellor as Judge Selden to reaflirm
this principle in regard to illegal voting


The point was, however, made and de-
cded by the court


Whatever may be mems opinion in
reference to the policy, we doubt if any
one ever seriously entertained the idea
that suffrage was conferred on females
bv the fourteenth amendment. The
whole constitution must be taken to-
gether, and the control over the question
of suffrage is virtually if not expressly,
left to the several States by the first ar
ticle of the constitution. The four
| teenth amendment does not, in effect,
confer any new rights, but was intended
as has been determined by the Su-
preme Court of the United States-to
adapt the constitution to the new order,


brought about by the rebellion, and to
prevent future abridgement of "privi-
leges and immunities." The control of


the right of suffrage was expressly ad-


mitted to be in the several States, as q


restriction of the right of suffrage was


to be met by diminution in the number


of representatives. If the States have


no power to determine who shall and


who shall not vote, then the second sec


ton of the fourteenth article of amend


ment is meaningless.