urge all women to the practical
recognition of the old revolutionary maxim that 'Resistance to tyranny
is obedience to God.'"
Pouring cold water on this blaze of oratory. Judge Hunt tersely
remarked that the Court would not require her imprisonment pending the
payment of her fine.
This shrewd move, obviously planned in advance, made it impossible to
carry the case to the United States Supreme Court by writ of habeas
corpus.
* * * * *
That same afternoon, Susan was on hand for the trial of the three
election inspectors. This time Judge Hunt submitted the case to the
jury but with explicit instructions that the defendants were guilty.
The jury returned a verdict of guilty, and the inspectors, denied a
new trial, were each fined $25 and costs. Two of them, Edwin F. Marsh
and William B. Hall, refused to pay their fines and were sent to jail.
Susan appealed on their behalf to Senator Sargent in Washington, who
eventually secured a pardon for them from President Grant. He also
presented a petition to the Senate, in January 1874, to remit Susan's
fine, as did William Loughridge of Iowa to the House, but the
judiciary committees reported adversely.
Because neither of these cases had been decided on the basis of
national citizenship and the right of a citizen to vote, Susan was
heartsick. To have them relegated to the category of election fraud
was as if her high purpose had been trailed in the dust. Wishing to
spread reliable information about her trial and the legal questions
involved, she had 3,000 copies of the court proceedings printed for
distribution.[310]
It was hard for her to concede that justice for women could not be
secured in the courts, but there seemed to be no way in the face of
the cold letter of the law to take her case to the Supreme Court of
the United States. This would have been possible on writ of habeas
corpus had Judge Hunt sentenced her to prison for failure to pay her
fine, but this he carefully avoided.
Even that intrepid fighter, John Van Voorhis, could find no loophole,
and another of her loyal friends in the legal profession, Albert G.
Riddle, wrote her, "There is not, I think, the slightest hope from the
courts and just as little from the politicians. They will never take
up this cause, never! Individuals will, parties never--till the thing
is done.... The trouble is that man can govern alone, and that, though
woman has the right, man wants to do i
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