y your fine. If
you shall still decline doing so, then use it at your own discretion to
promote the cause of woman suffrage." Mrs. Lewia C. Smith raised a
purse of $100 among Rochester friends and presented it as a testimonial
to Judge Selden, in the name of the Women Tax-Payers' Society. Miss
Anthony gave a lecture in Corinthian Hall for the benefit of the
inspectors, which netted about $180.]

[Footnote 75: The first Woman's Congress, afterwards called the
Association for the Advancement of Women, was organized during the
autumn of this year. To the call were appended the names of most of the
noted women of the day, but Miss Anthony's was conspicuously absent.
Her most intimate friends being among the signers, and supposing she
was to be also, made inquiry as to the reason and received this answer:
1st, Her name beginning with A would have had to head the list; 2d, Her
title as president of the National Woman Suffrage Association would
have had to be given; 3d, She could not be managed. Miss Anthony was so
greatly amused at these reasons that she quite forgave the omission of
her name.]

[Footnote 76: And yet on November 4 she stole away long enough to go to
the polling-place and again offer her vote. It was refused, she found
her name had been struck from the register, and thus ended that
battle.]

[Footnote 77: Three of the brave Rochester women who went to the polls
at the election of 1872, died within one year: Guelma Anthony McLean,
Mary B.F. Curtis and Rhoda De Garmo.]

CHAPTER XXVI.

NO CONSTITUTIONAL RIGHT TO JURY OR FRANCHISE.

1874.

Miss Anthony's case continued to attract widespread attention, Judge
Hunt's arbitrary action finding few apologists even among opponents of
woman suffrage. It was finally decided by her counsel and herself to
make an appeal to Congress for the remission of the fine, which, if
granted, would be in effect a declaration of the illegality of Judge
Hunt's act and a precedent for the future. Judge Selden based his
authority for such an appeal on a case in the United States Statutes at
Large, chap. 45, p. 802, where a fine of $1,000 and costs, illegally
imposed upon Matthew Lyon under the Alien and Sedition Laws, 1799, were
refunded with interest to his heirs. Mr. Van Voorhis found an authority
also in an act passed by the British Parliament in 1792, correcting the
departure from the common law, in respect to the rights of juries, by
Lord Mansfield and his associates