and that a belief that he had a
right to vote gave no defense, if there was no mistake of fact.
(Hamilton against The People, 57th of Barbour, p. 625; State
against Boyet, 10th of Iredell, p. 336; State against Hart, 6th
Jones, 389; McGuire against State, 7 Humphrey, 54; 15th of Iowa
reports, 404.) No system of criminal jurisprudence can be
sustained upon any other principle. Assuming that Miss Anthony
believed she had a right to vote, that fact constitutes no
defense if in truth she had not the right. She voluntarily gave a
vote which was illegal, and thus is subject to the penalty of the
law.

The Judge directed the jury to find a verdict of guilty.

Judge SELDEN: I submit that on the view which your honor has
taken, that the right to vote and the regulation of it is solely
a State matter. That this whole law is out of the jurisdiction of
the United States Courts and of Congress. The whole law upon that
basis, as I understand it, is not within the constitutional power
of the General Government, but is one which applies to the
States. I suppose that it is for the jury to determine whether
the defendant is guilty of a crime or not. And I therefore ask
your honor to submit to the jury these propositions:

First.--If the defendant, at the time of voting, believed that
she had a right to vote and voted in good faith in that belief,
she is not guilty of the offense charged.

Second.--In determining the question whether she did or did not
believe that she had a right to vote, the jury may take into
consideration, as bearing upon that question, the advice which
she received from the counsel to whom she applied.

Third.--That they may also take into consideration, as bearing
upon the same question, the fact that the inspectors considered
the question and came to the conclusion that she had a right to
vote.

Fourth.--That the jury have a right to find a general verdict of
guilty or not guilty as they shall believe that she has or has
not committed the offense described in the statute.

A professional friend sitting by has made this suggestion which I
take leave to avail myself of as bearing upon this question: "The
Court has listened for many hours to an argument in order to
decide whether the defendant has a right to vote. The arguments