in the cases of Woodfall and Shipley.
This act was passed through the exertions of Lord Camden and Mr. Fox in
order to prevent the erroneous decisions of the judges from becoming
the law of England.
Both of the attorneys keenly resented the action of Judge Hunt, Mr.
Selden pronouncing it "the greatest judicial outrage ever perpetrated
in the United States;" and Mr. Van Voorhis asserting that "trial by
jury was completely annihilated in this case, and there is no remedy
except to appeal to the justice of Congress to remit the fine and
declare that trial by jury does and shall exist in this country." The
appeal, or petition, was prepared and Miss Anthony carried it to
Washington when she went to the National Convention, January 15, 1874.
It was an able document, reciting the facts in the case and the action
of the judge, and concluding:
Your petitioner respectfully submits that, in these proceedings,
she has been denied the rights guaranteed by the Constitution to
all persons accused of crime, the right of trial by jury and the
right to have the assistance of counsel for their defense. It is a
mockery to call hers a trial by jury; and, unless the assistance of
counsel may be limited to the argument of legal questions, without
the privilege of saying a word to the jury upon the question of the
guilt or innocence in fact of a party charged, or the privilege of
ascertaining from the jury whether they do or do not agree to the
verdict pronounced by the Court in their name, she has been denied
the assistance of counsel for her defense.
Of the decision of the judge upon the question of the right of your
petitioner to vote, she makes no complaint. It was a question
properly belonging to the Court to decide, was fully and fairly
submitted to the judge, and of his decision, whether right or
wrong, your petitioner is well aware she can not here complain. But
in regard to her conviction of crime, which she insists, for the
reasons above given, was in violation of the principles of the
common law, of common morality, of the statute under which she was
charged, and of the Constitution--a crime of which she was as
innocent as the judge by whom she was convicted--she respectfully
asks, inasmuch as the law has provided no means of reviewing the
decisions of the judge, or of correcting his errors, that the fine
imposed upon your petitione
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