(Hamilton against The People, 57th of Barbour, p. 625;
State against Boyet, 10th of Iredell, p. 336; State against Hart, 6th
Jones, 389; McGuire against State, 7 Humphrey, 54; 15th of Iowa reports,
404.) No system of criminal jurisprudence can be sustained upon any
other principle. Assuming that Miss Anthony believed she had a right to
vote, that fact constitutes no defense if in truth she had not the
right. She voluntarily gave a vote which was illegal, and thus is
subject to the penalty of the law.
Upon this evidence I suppose there is no question for the jury and that
the jury should be directed to find a verdict of guilty.
JUDGE SELDEN: I submit that on the view which your Honor has taken, that
the right to vote and the regulation of it is solely a State matter.
That this whole law is out of the jurisdiction of the United States
Courts and of Congress. The whole law upon that basis, as I understand
it, is not within the constitutional power of the general Government,
but is one which applies to the States. I suppose that it is for the
jury to determine whether the defendant is guilty of a crime or not. And
I therefore ask your Honor to submit to the jury these propositions:
First--If the defendant, at the time of voting, believed that she had a
right to vote and voted in good faith in that belief, she is not guilty
of the offense charged.
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