Legal Opinion

United States v. Anthony

U.S. Circuit Court for the District of Northern New York

Decided June 18, 1873PublishedCited by 14 opinions

The defendant [Susan B. Anthony], a female, was indicted for a violation of the 19th section of the act of May 31st, 1870 (16 Stat. 144), which provides, “that if, at any election for representative * * in the congress of the United States, any person shall knowingly * * vote without having a lawful right to vote, * * every such person shall be deemed guilty of a crime, and shall, for such crime, be liable to prosecution in any court of the United States of competent…

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The defendant [Susan B. Anthony], a female, was indicted for a violation of the 19th section of the act of May 31st, 1870 (16 Stat. 144), which provides, “that if, at any election for representative * * in the congress of the United States, any person shall knowingly * * vote without having a lawful right to vote, * * every such person shall be deemed guilty of a crime, and shall, for such crime, be liable to prosecution in any court of the United States of competent jurisdiction, and, on conviction thereof, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment…

1Opinion of the Court

HUNT, Circuit Justice,

after argument had been heard on the legal questions involved, ruled as follows:

The defendant is indicted under the act of congress of May 31st, 1870, for having voted for a representative in congress, in November, 1872. Among other things, that act makes it an offence for any person knowingly to vote for such representative without having a lawful right to vote. It is charged that the defendant thus voted, she not having a right to vote, because she is a woman. The defendant insists that she has a right to vote; and that the provision of the constitution of this state,…

2Cases cited4 opinions

  1. The People v. . BennettNew York Court of Appeals · 1872
  2. Godin v. Bank of CommonwealthThe Superior Court of New York City · 1856
  3. State v. SheeleySupreme Court of Iowa · 1863
  4. Hamilton v. PeopleNew York Supreme Court · 1870

3Cited by14 opinions

  1. Armour Packing Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1907
  2. Kinneen v. WellsMassachusetts Supreme Judicial Court · 1887
  3. Gougar v. TimberlakeIndiana Supreme Court · 1897
  4. State v. SavreSupreme Court of Iowa · 1905
  5. United States v. TaylorDistrict Court, D. Kansas · 1882

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