sely as
it authorizes trial by jury and many other like rights guaranteed to
citizens. But the difficulty is, the courts long since decided that
the constitutional provisions do not act upon the citizens, except as
guarantees, ex proprio vigore, and in order to give force to them
there must be legislation.... Therefore, the point is for the friends
of woman suffrage to get congressional legislation."[303]
Susan, however, never wavered in her conviction that she as a citizen
had a constitutional right to vote and that it was her duty to test
this right in the courts.
FOOTNOTES:
[288] Ray Strachey, _Struggle_ (New York, 1930), pp. 113-116.
[289] The U.S. Supreme Court upheld the decision of a lower court that
without specific legislation by Congress, the 14th Amendment could not
overrule the law of the District of Columbia which limited suffrage to
male citizens over 21. _History of Woman Suffrage_, II, pp. 587-601.
[290] Harper, _Anthony_, I, p. 423.
[291] Nov. 5, 1872, Ida Husted Harper Collection, Henry E. Huntington
Library. Miss Anthony had assured the election inspectors that she
would pay the cost of any suit which might be brought against them for
accepting women's votes.
[292] Harper, _Anthony_, I, p. 426. The Anthony home was then numbered
7 Madison Street.
[293] _An Account of the Proceedings of the Trial of Susan B. Anthony
on the Charge of Illegal Voting_ (Rochester, New York, 1874), p. 16.
[294] Harper, _Anthony_, I, p. 428.
[295] _Ibid._, p. 433.
[296] _Trial_, pp. 2-3.
[297] N.d., Susan B. Anthony Papers, New York Public Library.
[298] _Trial_, pp. 151, 153. Judge Story, _Commentaries on the
Constitution of the United States_, Sec. 456: "The importance of
examining the preamble for the purpose of expounding the language of a
statute has long been felt and universally conceded in all juridical
discussion." _History of Woman Suffrage_, II, p. 477.
[299] Harper, _Anthony_, II, pp. 978, 986-987.
[300] Ms., Diary, May 10, June 7, 1873.
[301] Suffrage clubs in New York, Buffalo, Chicago, and Milwaukee sent
$50 and $100 contributions. Susan's cousin, Anson Lapham, cancelled
notes for $4000 which she had signed while struggling to finance _The
Revolution_. The women of Rochester rallied behind her, forming a
Taxpayers' Association to protest taxation without representation.
[302] Harper, _Anthony_, II, pp. 994-995.
[303] _Ibid._, I, p. 429.
"IS IT A CRIME FOR A C
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