and his conviction was accordingly confirmed.
Here a young man, innocent so far as his conduct in this case was
involved, was condemned for acting in good faith upon the advice
(mistaken advice it may be conceded), of one governor and two
lawyers to whom he applied for information as to his rights; and
this condemnation has proceeded upon the assumed ground, conceded
to be false in fact, that he knew the advice given to him was
wrong. On this judicial fiction the young man, in the name of
justice, is sent to prison, punished for a mere mistake, and a
mistake made in pursuance of such advice. It can not be,
consistently with the radical principles of criminal law to which
I have referred, and the numerous authorities which I have
quoted, that this man was guilty of a crime, that his mistake was
a crime, and I think the judges who pronounced his condemnation,
upon their own principles, better than their victim, deserved the
punishment which they inflicted. The condemnation of Miss
Anthony, her good faith being conceded, would do no less violence
to any fair administration of justice.
One other matter will close what I have to say. Miss Anthony
believed, and was advised that she had a right to vote. She may
also have been advised, as was clearly the fact, that the
question as to her right could not be brought before the courts
for trial, without her voting or offering to vote, and if either
was criminal, the one was as much so as the other. Therefore she
stands now arraigned as a criminal, for taking the only step by
which it was possible to bring the great constitutional question
as to her right, before the tribunals of the country for
adjudication. If for thus acting, in the most perfect good faith,
with motives as pure and impulses as noble as any which can find
place in your honor's breast in the administration of justice,
she is by the laws of her country to be condemned a a criminal.
Her condemnation, however, under such circumstances, would only
add another most weighty reason to those which I have already
advanced, to show that women need the aid of the ballot for their
protection.
Upon the remaining question, of the good faith of the defendant,
it is not necessary for me to speak. That she acted in the most
perfect good fait
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