This word
was inserted as defining the essence of the offence, and it limits the
criminality to cases where the voting is not only without right, but
where it is done wilfully, with a _knowledge that it is without right_.
Short of that there is no offence within the statute. This would be so
upon well established principles, even if the word "knowingly" had been
omitted, but that word was inserted to prevent the possibility of doubt
on the subject, and to furnish security against the inability of stupid
or prejudiced judges or jurors, to distinguish between wilful wrong and
innocent mistake. If the statute had been merely, that "if at any
election for representative in Congress any person shall vote without
having a lawful right to vote, such person shall be deemed guilty of a
crime," there could have been justly no conviction under it, without
proof that the party voted _knowing_ that he had not a right to vote. If
he voted innocently supposing he had the right to vote, but had not, it
would not be an offence within the statute. An innocent mistake is not a
crime, and no amount of judicial decisions can make it such.
Mr. Bishop says, (1 Cr. Law, Sec.205): "There can be no crime unless _a
culpable intent_ accompanies the criminal act.
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