in regard to the propriety of female suffrage,
because with that propriety established there is very little
difficulty in finding sufficient warrant in the Constitution for
its exercise. This case, in its legal aspects, presents three
questions, which I purpose to discuss.
1. Was the defendant legally entitled to vote at the election in
question?
2. If she was not entitled to vote, but believed that she was,
and voted in good faith in that belief, did such voting
constitute a crime under the statute before referred to?
3. Did the defendant vote in good faith in that belief?
If the first question be decided in accordance with my views, the
other questions become immaterial; if the second be decided
adversely to my views, the first and third become immaterial. The
first two are questions of law to be decided by the court, the
other is a question for the jury.
The Court suggested that the argument should be confined to
the legal questions, and the argument on the other question
suspended. This suggestion was assented to, and the counsel
proceeded.
My first position is that the defendant had the same right to
vote as any other citizen who voted at that election. Before
proceeding to the discussion of the purely legal question, I
desire, as already intimated, to pay some attention to the
propriety and justice of the rule which I claim to have been
established by the Constitution.
Miss Anthony, and those united with her in demanding the right of
suffrage, claim, and with a strong appearance of justice, that
upon the principles upon which our Government is founded, and
which lie at the basis of all just government, every citizen has
a right to take part, upon equal terms with every other citizen,
in the formation and administration of government. This claim on
the part of the female sex presents a question the magnitude of
which is not well appreciated by the writers and speakers who
treat it with ridicule. Those engaged in the movement are able,
sincere, and earnest women, and they will not be silenced by such
ridicule, nor even by the villainous caricatures of Nast. On the
contrary, they justly place all those things to the account of
the wrongs which they think their sex has suffered. They believe,
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