rdance with the printed instructions furnished them by the
Secretary of State. What further can be demanded of them? No United
States statute prescribes or attempts to prescribe their duties. They
cannot legally be convicted and should be discharged.

3. Because no malice is shown. Whether the women were entitled to have
their names registered and to vote, or not, the defendants believed they
had such right, and acted in good faith, according to their best
judgment, in allowing the registry of their names--and in receiving
their votes--and whether they decided right or wrong in point of law,
they are not guilty of any criminal offense.

The substance of the statute is, as to registration:

"If any such officer shall ... _knowingly and wilfully_ register as
a voter any person not entitled to be registered, or refuse to so
register any person entitled to be registered ... every such person
shall be deemed guilty of a crime."

Act of May 31, 1870, Sec. 20, As Amended by Act of Feb. 28, 1871, Sec. 1.

And as to voting:

"If any person shall ... _knowingly and wilfully_ receive the vote
of any person not entitled to vote, or refuse to receive the vote
of any person entitled to vote ... every such person shall be
deemed guilty of a crime."

Act of May 31, 1870, Sec. 19.

To bring an inspector within either of these sections he must know as
_matter of fact_, that the person offering to vote, or to be registered,
is not entitled to be registered or to vote.

The inspectors were _compelled to decide the question_, and to decide it
instantly, with no chance for examination or even consultation--and if
they decided in good faith, according to the best of their ability, they
are excused, whether they decided correctly or not in point of law.

This is too well settled to admit of dispute--settled by authority as
well as by the plainest principles of justice and common sense.

The law never yet placed a public officer in a position where he would
be compelled to decide a doubtful legal question, and to act upon his
decision, _subject to the penalty of fine_ or imprisonment if he chanced
to err in his decision.

All that is ever required of an officer, so placed, whether a judicial
or ministerial officer, _so far as is necessary to escape any
imputations of crime_, is good faith.

Ministerial officers may be required, in some cases to act at their
peril as to _civil_ responsibilit