My natural rights, my civil rights, my political rights, my judicial rights, are all alike ignored. Robbed of the fundamental privilege of citizenship, I am degraded from the status of a citizen to that of a subject; and not only myself individually, but all of my sex, are, by your honor’s verdict, doomed to political subjection under this, so-called, form of government.
INTRODUCTION
Susan B. Anthony and other suffragists cast votes in the 1872 presidential election as a strategy to confront what had become male-only electoral privileges across most elections in the United States. They attempted to invoke the citizenship clause (“privileges or immunities”) and the equal protection clause of the recently ratified Fourteenth Amendment (1868) to justify their actions in a federal election. The effort succeeded in galvanizing public attention, but it did not convince federal judges. The excerpt from the transcript of Anthony’s sentencing hearing in 1873 shows her defiance of Supreme Court Justice Ward Hunt, who presided over her case, US v. Anthony (1873).
SOURCE FORMAT: Trial transcript
WORD COUNT: 1,048 words
TEXT
Except from ” Susan B. Anthony, Trial Statement” read by Lea Quigley, Music: Courtesy of WeVideo
Judge Hunt -(Ordering the defendant to stand up), “Has the prisoner anything to say why sentence shall not be pronounced?”
Miss Anthony– Yes, your honor, I have many things to say; for in your ordered verdict of guilty, you have trampled under foot every vital principle of our government. My natural rights, my civil rights, my political rights, my judicial rights, are all alike ignored. Robbed of the fundamental privilege of citizenship, I am degraded from the status of a citizen to that of a subject; and not only myself individually, but all of my sex, are, by your honor’s verdict, doomed to political subjection under this, so-called, form of government.
Judge Hunt– The Court cannot listen to a rehearsal of arguments the prisoner’s counsel has already consumed three hours in presenting.
Miss Anthony– May it please your honor, I am not arguing the question, but simply stating the reasons why sentence cannot, in justice, be pronounced against me. Your denial of my citizen’s right to vote, is the denial of my right of consent as one of the governed, the denial of my right of representation as one of the taxed, the denial of my right to a trial by a jury of my peers as an offender against law, therefore, the denial of my sacred rights to life, liberty, property and-
Judge Hunt– The Court cannot allow the prisoner to go on.
Miss Anthony– But your honor will not deny me this one and only poor privilege of protest against this high-handed outrage upon my citizen’s rights. May it please the Court to remember that since the day of my arrest last November, this is the first time that either myself or any person of my disfranchised class has been allowed a word of defense before judge or jury-
Judge Hunt– The prisoner must sit down-the Court cannot allow it.
Miss Anthony– All of my prosecutors, from the 8th ward corner grocery politician, who entered the compliant, to the United States Marshal, Commissioner, District Attorney, District Judge, your honor on the bench, not one is my peer, but each and all are my political sovereigns; and had your honor submitted my case to the jury, as was clearly your duty, even then I should have had just cause of protest, for not one of those men was my peer; but, native or foreign born, white or black, rich or poor, educated or ignorant, awake or asleep, sober or drunk, each and every man of them was my political superior; hence, in no sense, my peer. Even, under such circumstances, a commoner of England, tried before a jury of Lords, would have far less cause to complain than should I, a woman, tried before a jury of men. Even my counsel, the Hon. Henry R. Selden, who has argued my cause so ably, so earnestly, so unanswerably before your honor, is my political sovereign. Precisely as no disfranchised person is entitled to sit upon a jury, and no woman is entitled to the franchise, so, none but a regularly admitted lawyer is allowed to practice in the courts, and no woman can gain admission to the bar-hence, jury, judge, counsel, must all be of the superior class.
Judge Hunt– The Court must insist-the prisoner has been tried according to the established forms of law.
Miss Anthony– Yes, your honor, but by forms of law all made by men, interpreted by men, administered by men, in favor of men, and against women; and hence, your honor’s ordered verdict of guilty; against a United States citizen for the exercise of “that citizen’s right to vote,” simply because that citizen was a woman and not a man. But, yesterday, the same man made forms of law, declared it a crime punishable with $1,000 fine and six months imprisonment, for you, or me, or you of us, to give a cup of cold water, a crust of bread, or a night’s shelter to a panting fugitive as he was tracking his way to Canada. And every man or woman in whose veins coursed a drop of human sympathy violated that wicked law, reckless of consequences, and was justified in so doing. As then, the slaves who got their freedom must take it over, or under, or through the unjust forms of law, precisely so, now, must women, to get their right to a voice in this government, take it; and I have taken mine, and mean to take it at every possible opportunity.
Judge Hunt– The Court orders the prisoner to sit down. It will not allow another word.
Miss Anthony– When I was brought before your honor for trial, I hoped for a broad and liberal interpretation of the Constitution and its recent amendments, that should declare all United States citizens under its protecting aegis-that should declare equality of rights the national guarantee to all persons born or naturalized in the United States. But failing to get this justice-failing, even, to get a trial by a jury not of my peers-I ask not leniency at your hands-but rather the full rigors of the law:
Judge Hunt– The Court must insist-
(Here the prisoner sat down.)
Judge Hunt– The prisoner will stand up.
(Here Miss Anthony arose again.)
The sentence of the Court is that you pay a fine of one hundred dollars and the costs of the prosecution.
Miss Anthony– May it please your honor, I shall never pay a dollar of your unjust penalty. All the stock in trade I possess is a $10,000 debt, incurred by publishing my paper- The Revolution -four years ago, the sole object of which was to educate all women to do precisely as I have done, rebel against your manmade, unjust, unconstitutional forms of law, that tax, fine, imprison and hang women, while they deny them the right of representation in the government; and I shall work on with might and main to pay every dollar of that honest debt, but not a penny shall go to this unjust claim. And I shall earnestly and persistently continue to urge all women to the practical recognition of the old revolutionary maxim, that “Resistance to tyranny is obedience to God.”
Judge Hunt– Madam, the Court will not order you committed until the fine is paid.
CITATION: Douglas O. Linder, “The Trial of Susan B. Anthony for Illegal Voting,” 1873 / 2001, FULL TEXT via University of Kentucky Law School
FURTHER READING
- Rebecca Onion, Susan’s B. Anthony’s Indictment, The Vault: Slate (2014)