ooked for in the laws of
the State. By no Act of Congress can it be determined in what case a
person votes, "_without having a right to vote_." By no Act of Congress
can it be determined when an Inspector of Election has received the vote
of "_any person not entitled to vote_," or has registered "_as a voter,
any person not entitled to be registered_." These are the offenses
alleged in this indictment. They are penal offenses by the Statutes of
New York. The jurisdiction of the State Courts over them is complete,
and cannot be questioned.

By the Act of May 31, 1870, above cited, Congress has ordained, in legal
effect, that if any person violates the penal Code of the State of New
York, or any State, in respect of voting, he may be punished by the
United States. And the offense is a variable quantity; what is a crime
in one State under this Act, is a legal right and duty in another. A
citizen of Rhode Island, for instance, who votes when not possessed in
his own right, of an estate in fee simple--in fee tail, for life, or in
reversion or remainder, of the value of $134 or up-wards, may be
convicted of a crime under this Act, and imprisoned in a State Prison.
He voted in violation of the laws of his State. A citizen of New York
votes under precisely similar circumstances, and with the same
qualifications, and his act is a legal one, and he performs a simple
duty. Any State may, by its Constitution and laws, permit women to vote.
Had these defendants been acting as Inspectors of Elections in such
State, their act would be no crime, and this indictment could not be
sustained, for the only illegality alleged is, that the citizens whose
votes were received were women, and therefore not entitled to vote.

The Act of Congress thus, is simply an Act to enforce the diverse penal
statutes of the various States in relation to voting. In order to make a
case, the United States must combine the federal law with the statutes
of the State where the _venue_ of the prosecution is laid.

Before the enactment of the 13th, 14th and 15th Amendments, it is not,
and never was pretended, that Congress possessed any such power.
Subdivision 1 of Section 2, of Article one of the Constitution, provides
as follows:

"The House of Representatives shall be composed of members chosen
every second year by the people of the several States; and the
electors in each State shall have the qualifications requisite for
electors of the