Susan B. Anthony

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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[edit | edit source]

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[edit | edit source]

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[edit | edit source]

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[edit | edit source]

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[edit | edit source]

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.


Sentencing[edit | edit source]

Justice Hunt announced, "Madam, the Court will not order you committed until the fine is paid." However, Anthony never paid this fine in her lifetime. She was never jailed after this trial.

Two years later, in Minor v. Happersett (1875), SCOTUS reiterated, "The Fourteenth Amendment does not guarantee women the right to vote." Ward Hunt was once again a judge in this case.

See also[edit | edit source]