es, and not upon the
citizen. "The right of citizens of the United States to vote, shall not
be denied or abridged by 'THE UNITED STATES OR BY ANY STATE.'" The terms
"_United States_" and "State," as here used, mean the government of the
United States and of the States. They do not apply to individuals or to
offenses committed by individuals, but only to acts done by the State or
the United States.

But at any rate, the operation of this amendment, and the power given to
Congress to enforce it, is limited to offenses committed in respect of
depriving persons of the right to vote because of their "_race, color,
or previous condition of servitude_."

This is not such a case. There is no ground for saying that these
defendants have committed any offense against the spirit or the letter
of the fifteenth amendment, or any legitimate legislation for its
enforcement.

Congress cannot make laws to regulate the duties of Inspectors, and it
cannot inflict a penalty.

Second.

_No offense is stated in the indictment._

The first count in the indictment is for knowingly and wilfully
registering as a voter, Susan B. Anthony. This count is under Section 26
of the Act of May 31, 1870, as amended by the Act of February 28, 1871.

The indictment contains no averment that the defendants were "_officers
of registration_," and charged with the duty of making a correct
registry of voters. It simply alleges that they were _Inspectors of
Elections_. What that means, the indictment does not inform us. It is
not an office defined by the Acts of Congress upon which this indictment
was found, nor has the Court any information of which it can take notice
as to what are the duties of such officers. In the absence of any claim
in the indictment to that effect, the Court will not presume the
existence of so important a circumstance against the defendants, and
therefore this count of the indictment must fail.

2. The second count is for the same offense, and obnoxious to the same
objection. The only variation being that the first count charges the
illegal registry of one woman, and the second, fourteen.

3. The third count charges that the defendants, being inspectors of
elections, received the votes of fourteen women who had no right to
vote, wrongfully.

This count does not allege that it was the duty of the defendants to
receive or count the votes. It simply alleges that they were Inspectors
of Election. Their duties as such are not