he Constitution to prevent his being tried,
in a proper case, by any other tribunal than a jury; but if there
is no legislation, congressional or other, to give him a trial by
jury, I think, under the decisions, it would be very difficult to
see how it might be done. Therefore, the point is for the friends
of woman suffrage to get congressional legislation.
[Autograph: Benjamin F. Butler]
The results of the trial showed that General Butler was right in
thinking that further legislation would be required to enable women to
vote under the Constitution of the United States. It proved also that a
judge could set aside the right of a citizen to a trial by jury,
supposed to be guaranteed by every safeguard which could be thrown
around it by this same Constitution.
[Footnote 63: Present, Lyman Trumbull, Illinois, chairman; Roscoe
Conkling, New York; F.F. Frelinghuysen, New Jersey; Matthew H.
Carpenter, Wisconsin.]
[Footnote 64: See History of Woman Suffrage, Vol. II, pp. 499 and 506.]
[Footnote 65: Susan B. Anthony, Mary S. Anthony, Guelma Anthony McLean,
Hannah Anthony Mosher, Rhoda De Garmo, Sarah Truesdale, Mary Pulver,
Lottie B. Anthony, Nancy M. Chapman, Susan M. Hough, Hannah Chatfield,
Margaret Leyden, Mary Culver, Ellen S. Baker, Mary L. Hebard (wife of
the editor of the Express).]
[Footnote 66: When a jurist as eminent as Judge Henry R. Selden
testifies that he told Miss Anthony before election that she had a
right to vote, and this after a careful examination of the question,
the whole subject assumes new importance.... How grateful to Judge
Selden must all the suffragists be! He has struck the strongest and
most promising blow in their behalf that has yet been given. Dred Scott
was the pivot on which the Constitution turned before the war. Miss
Anthony seems likely to occupy a similar position now.--New York
Commercial Advertiser.
The arrest of the fifteen women of Rochester, and the imprisonment of
the renowned Miss Susan B. Anthony, for voting at the November
election, afford a curious illustration of the extent to which the
United States government is stretching its hand in these matters. If
these women violated any law at all by voting, it was clearly a statute
of the State of New York, and that State might safely be left to
vindicate the majesty of its own laws. It is only by an over-strained
stretch of the Fourteenth and Fifteenth Amendments that the national
government can
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