Susan B. Anthony
Susan B. Anthony ( 1820 – 1906) would face a criminal trial for casting a vote in New York in 1872.
United States v. Susan B. Anthony
Ms. Anthony argued that the recently adopted 14th Amendment gave women the right to vote in federal elections.
On November 1, 1872, Anthony and 50 women went into an election office set inside a barbershop and demanded to be registered to vote. After some debate, the inspectors relented and allowed the women to register. On election day, her vote was successfully cast into the ballot box.
The former lieutenant governor of New York Henry Selden (1805 - 1885) had agreed to provide legal representation to the voting women. U.S. Marshal deputies arrested the women.
Defense
Anthony's lawyer argued that because she believed that she was entitled to vote, she couldn't have violated the Enforcement Act of 1870 which prohibit knowing and willful illegal votes.
Anthony went to jail with the hope of her writ of habeas corpus getting a certiorari (review) from SCOTUS.
Indictment
A grand jury of 20 men indicted Anthony for knowingly and unlawfully voting in a federal election.
US Attorney in New York Richard Crowley (1836 – 1908) prosecuted Anthony.
Court hearing
In the 1870s, SCOTUS justices would circuit ride and hear federal district court cases. Thus, Ward Hunt (1810 - 1886) served as the judge of Anthony's case.
POTUS Millard Fillmore (1800 - 1874) attended the hearing a year before dying.
Holding
On June 18, 1873, Hunt declared, "The Fourteenth Amendment gives no right to a woman to vote, and the voting by Miss Anthony was in violation of the law."
SCOTUS judge Hunt directed the jury to return a verdict of guilty.
See also
- Gender laws
- Bradwell v. Illinois (1873), SCOTUS holding that women can't be lawyers
