would make real, in case of woman, Edward
Everett Hale's story of the "Man Without a Country." Women are, by
this advice, assumed to have no country; to be living in the United
States upon sufferance, a species of useful aliens, which possesses no
rights that man is bound to respect, which are not to be permitted to
vote, nor even to protest when the dearest rights are trampled upon.
While admitting that Justice Hunt usurped power in taking the case
from the jury, the Albany _Law Journal_ expressed a desire that it
should have gone to the jury, not on the ground of legal right, but on
the ground that the jury would have brought in a verdict of guilty.
But had the case been allowed to go to the jury, no verdict of guilty
would have been rendered. The _jury_ did not believe the defendant
guilty, but they were not permitted to give their opinion. Their
opinions counted for nothing; they were wronged as well as Miss
Anthony.
It was said of the infamous Lord Jeffries, that when pre-determined
upon a conviction he always wore a red cap. In such cases juries were
useless appendages to his court. Justice Hunt, through this trial,
wore an invisible red cap which only came into view at its close.
The effect of Miss Anthony's prosecution, conviction, and sentence,
was in many ways advantageous to the cause of freedom. Her trial
served to awaken thought, promote discussion, and compel an
investigation of the principles of government. The argument of Judge
Selden, clearly proving woman's constitutional right to vote,
published[174] in all the leading papers, arrested the attention of
legal minds as no popular discussions had done.
Thus the question of the abstract rights of each individual, their
civil and political rights under State and National Constitutions,
were widely discussed. And when the verdict, contrary to law, was
rendered by the Judge, and the jury dismissed without having been
permitted to utter a word, the whole question of woman's rights and
wrongs was brought into new prominence through this infringement of
the sacred right of jury trial.
A _nolle prosequi_ was entered for the women who voted with Miss
Anthony. Immediately after the decision in her case, the trial of the
Inspectors took place before the same court. This was in reality a
continuation of the same question--a citizen's right to vote--and like
that of Miss Anthony's was a legal farce, the decision in this case
evidently having also been pre-
|