of the Court,

That the rights of the citizens of the State as such were
not under consideration in the XIV. Amendment; that they
stand as they did before that Amendment.... The right of
voting or the privilege of voting is a right or privilege
arising under the Constitution of the State, and not of the
United States. If the right belongs to any particular
person, it is because such person is entitled to it as a
citizen of the State where he offers to exercise it, and not
because of citizenship of the United States.... The
regulation of the suffrage is conceded to the States as a
State right.

If this position be correct, which I am not now disposed to
question, I respectfully insist that the Congress of the United
States had no power to pass the act in question; that by doing so
it has attempted to usurp the rights of States, and that all
proceedings under the act are void.

I claim therefore that the defendant is entitled to a new trial.

First--Because she has been denied her right of trial by jury.

Second--Because she has been denied the right to ask the jury
severally whether they assented to the verdict which the Court
had recorded for them.

Third--Because the Court erroneously held, that the defendant had
not a lawful right to vote.

Fourth--Because the Court erroneously held, that if the
defendant, when she voted, did so in good faith, believing that
she had a right to vote, that fact constituted no defense.

Fifth--Because the Court erroneously held that the question,
whether the defendant at the time of voting knew that she had not
a right to vote, was a question of law to be decided by the
Court, and not a question of fact to be decided by the jury.

Sixth--Because the Court erred in holding that it was a
presumption of law that the defendant knew that she was not a
legal voter, although in fact she had not that knowledge.

Seventh--Because Congress had no Constitutional right to pass the
act under which the defendant was indicted, and the act and all
proceedings under it are void.

Sir, so far as my information in regard to legal proceedings
extends, this is the only court in any country where trial by
jury exists, in which the decisions that are