← History of Woman Suffrage, Volume II
Chapter 87
Women's Meeting
A meeting of the women's tax-payers' association was held at the Mayor's office yesterday afternoon, the President, Mrs. Lewia C. Smith, in the chair. It had been expected that Judge Selden would address the meeting, but in consequence of professional engagements he had been unable to prepare such an address as he desired, but will speak at a future meeting.
Miss Susan B. Anthony was present, and addressed the meeting. She stated that she had received many letters urging her not to be disheartened by the result of her case, and she assured all that she was far from being discouraged. In fact, she considered that they had won a victory by showing to the world that in order to accomplish her defeat the courts were obliged to set aside everything, even the sacred right of trial by jury. Miss Anthony read extracts from letters received from Mrs. Elizabeth Cady Stanton and Parker Pillsbury. Mrs. Stanton pours out her indignation in a letter to Mrs. Gage and Miss Anthony thus:
"To have my right to the earth and the fullness thereof equally with man; to do my work and say my say without his let or hindrance, or even question, has filled me with indignation ever since I began to think; and one more act of puny legislation, in line with all that has been done in the past, does not add a feather's weight to my chronic indignation.
"The insult of being tried by men—judges, lawyers, juries, all men—for violating the laws and constitutions of men, made for the degradation and subjugation of my whole sex; to be forever publicly impaled by the unwavering finger of scorn, by party press, and pulpit, so far transcends a petty verdict of a petty judge in a given case, that my continuous wrath against the whole dynasty of tyrants in our political, religious, and social life, has not left one stagnant drop of blood in my veins to rouse for any single act of insult.
"The outrage of trying intelligent, educated, well-bred, native-born American women by juries of men, made up of the riff-raff from the monarchies and empires of the old world, or ignorant natives of the new, who do not read the newspapers, nor form opinions on current events or United States citizens' rights, so overtops the insult of any verdict they could possibly render, that indignation at what they might say is swallowed up in the outrage that they have the right to say anything in limiting the rights of women as citizens in this republic. What are Centennials and Fourth of Julys to us, when our most sacred rights can be made foot-balls for the multitude. Do not, therefore, argue from my silence, that I do not feel every fresh stab at womanhood. Instead of applying lint to the wounds, my own thought has been, how can we wrest the sword from the hand of the tyrant."
The following resolutions were then offered and adopted:
Resolved, That the gross outrage committed in the case of Miss Anthony by the United States Circuit Court, the stamping under foot by Justice Hunt of the Constitution of the United States, and all the forms of law, in order to defeat a woman who could not be defeated otherwise, has in no way discouraged the true friends of woman suffrage, but to the contrary, the unjustifiable means to which the Court was compelled to resort in order to convict Miss Anthony has not only aroused the old woman's rights women into new life and action, but shocked all thinking minds throughout the country, to a consideration of the vital question of American citizenship. Does it, or does it not give to the possessor the right to vote?
Resolved, That we arraign Ward Hunt, a Justice of the Supreme Court of the United States, for high crimes and misdemeanors in his office, committed on the trial of Susan B. Anthony, on a charge of knowingly voting illegally for a representative in Congress. He denied the right of trial by jury; he refused to permit her counsel to address the jury in her behalf; he refused the request of her counsel that the jury be polled; he directed the clerk to enter a verdict of guilty without consulting the jury; he had prejudged her case, and had written his opinion against her before he came to the Court, or had heard the evidence, or the arguments of her counsel. He tried her in a manner indicating that he had undertaken to accomplish a certain result, and that he must do in spite of law or evidence. His assertion that the facts were admitted in her case is false. No facts were admitted on Miss Anthony's trial, except that she was a woman and had voted. The one fact of consequence to the United States was, whether or not Miss Anthony voted for a representative in Congress. To prove this the United States District Attorney proved that she handed to the inspectors four folded ballots, the contents of which were unknown. It did not appear that the ballots were not blanks. There were six boxes, and each elector might cast six ballots. Upon such evidence Judge Hunt decided that it was proved that Miss Anthony voted for a representative in Congress, and refused to submit the case, or the question of fact, to the jury. Therefore,
Resolved, That a violation of the Constitution so palpable, a disregard of the forms of of law so flagrant, demand the impeachment of Justice Hunt, and his removal from a bench he has proved himself unfit to occupy.
Resolved, That we will petition Congress to reverse by Congressional enactment the judgments of Judge Hunt against Miss Anthony and the Inspectors of Election. These fiats of a judicial dictator must not be allowed to remain upon the records of the Court. Trial by jury must be restored to its throne, from which Judge Hunt has hurled it. A constitutional right so sacred must be vindicated by Congress. There is no other tribunal to which we can appeal. Therefore we shall confidently ask Congress to reverse these unjust judgments and rebuke and impeach this unjust judge.
Resolved, That to the Hon. Henry R. Selden for his able and earnest defense of their citizen's right to vote, the women of this country owe a debt of gratitude beyond their present power to pay or appreciate.
Resolved, That we tender our thanks to John Van Voorhis, counsel for the inspectors of the Eighth Ward, for his prompt and efficient defense of their right and duty to register the names and receive the votes of all United States citizens.
Resolved, That we bid Godspeed to our co-laborer, Susan B. Anthony, for the courage and persistence shown during her trial, and thank her for her assurance to the Court (which he did not need) of her unshaken conviction of the legality of her vote, and of her determination to persist in the exercise of her citizen's right of suffrage.
Resolved, That we tender our thanks to the inspectors of election of the Eighth Ward, Messrs. Jones, Marsh, and Hall, for their manliness and courage in receiving the women's vote and maintaining their right and duty in so doing through their long and unfair trial."
A paper of considerable length was read by Mrs. Hebard, which was very fine, and set forth the woman question in a philosophical manner.
Mrs. L. C. Smith said that in stamping his seal of death upon trial by jury, Judge Hunt had proved beyond all cavil the inseparability of man's and woman's interests. For in order to withhold the right of franchise from woman he was obliged to abolish trial by jury, man's only safeguard against the tyranny of the bench.
The meeting then adjourned to meet at three o'clock p.m. on the 24th inst.
Miss Anthony received material sympathy from many persons who sent money to aid in the payment of her fine—Dr. E. B. Foote, of New York, sending $25, and Gerrit Smith, of Peterboro, $100, accompanied by a letter. Dr. Foote has kindly furnished Miss Anthony's reply to him for publication:
Rochester, July 2, 1873.
Dr. E. B. Foote—My Dear Sir: Your letter of June 18, inclosing the quarter of the United States Government's fine for my alleged violation of State law was most welcome, I have waited this acknowledgment from fact of my absence from home since the judge pronounced that verdict and penalty. What a comedy! Such a grave offense and such a paltry punishment!
Now if the United States Government would only demand the payment of the $100 and costs—but it will never do it, because all parties know I will never pay a dime—no, not one. It, is quite enough for me pay all the just claims of the trial; my own counsel, etc. I owe no allegiance to the Government's penalties until I have a voice in it, and shall pay none. What the Government can exact it may, whether of cash or imprisonment.
Do you know my one regret now is that I am not possessed of some real estate here in Rochester so that my name would be on the tax list, and I would refuse to pay the taxes thereon, and then I could carry that branch of the question into the Courts. Protests are no longer worth the paper they are written on. Downright resistance, the actual throwing of the tea overboard, is now the word and work. With many thanks for the $25.
Susan B. Anthony.
Sincerely yours,