lient of the consequences which may
follow a conviction, I should not deem it necessary to discuss
it.

To make out the offense, it is incumbent on the prosecution to
show affirmatively, not only that the defendant knowingly voted,
but that she so voted knowing that she had no right to vote. That
is, the term "knowingly" applies, not to the fact of voting, but
to the fact of want of right. Any other interpretation of the
language would be absurd. We can not conceive of a case where a
party could vote without knowledge of the fact of voting, and to
apply the term "knowingly" to the mere act of voting, would make
nonsense of the statute. This word was inserted as defining the
essence of the offense, and it limits the criminality to cases
where the voting is not only without right, but where it is done
willfully, with a knowledge that it is without right. Short of
that there is no offense within the statute. This would be so
upon well-established principles, even if the word "knowingly"
had been omitted, but that word was inserted to prevent the
possibility of doubt on the subject, and to furnish security
against the inability of stupid or prejudiced judges or jurors,
to distinguish between willful wrong and innocent mistake. If the
statute had been merely that "if at any election for
representative in Congress any person shall vote without having a
lawful right to vote, such person shall be deemed guilty of a
crime," there could have been justly no conviction under it
without proof that the party voted knowing that he had not a
right to vote. If he voted innocently supposing he had the right
to vote, but had not, it would not be an offense within the
statute. An innocent mistake is not a crime, and no amount of
judicial decisions can make it such. Mr. Bishop says, (I Cr. Law,
Sec. 205),

There can be no crime unless a culpable intent accompanies
the criminal act. The same author (1 Cr. Prac. Sec. 521),
repeated in other words, the same idea: In order to render a
party criminally responsible, a vicious will must concur
with a wrongful act.

I quote from a more distinguished author:

Felony is always accompanied with an evil intention, and
therefore shall not be imputed to a mere mistake or