A
Rochesterian’s Impact Changed The
World Forever
On
November
1st 1872
Susan
and three of her sisters went to the polling place in a nearby 8th
Ward barbershop to register to vote. There the election inspectors
named Edwin Marsh and Beverly W. Jones at first refused, but Anthony cited the
Fourteenth Amendment to the U.S. Constitution. It reads "All persons born
or naturalized in the
United
States
and
subject to the jurisdiction thereof, are citizens of the
United
States
and of
the State wherein they reside. No State shall make or enforce any law which
shall abridge the privileges or immunities of citizens of the
United
States
.”
Anthony reasoned the right to vote was one of those privileges. The two
inspectors acquiesced. Eventually fifty women had registered to vote in
Rochester
at
various polling places. On election day,
November
5, 1872
,
Anthony voted for the first time. Sylvester Lewis, who was a Democratic poll
watcher and
Rochester
salt
manufacturer, filed a complaint against Anthony questioning her registration and
charging her with voting illegally. A few days later on November 18, U.S. Deputy
Marshal Elisha J. Keeney arrested Anthony at her home.
On
June 17 and 18, 1873 Anthony was tried in federal court which back in those days
was located in nearby
Canandaigua
,
New York
.
Federal judge Ward Hunt presided,
U.S.
district attorney Richard Crowley was the prosecutor and Henry Selden of
Rochester
was the
defense attorney. Crowley read the government’s charge that Anthony
had “voted for a representative in the Congress of the United States, to
represent the 20th Congressional District of the State, and also for a
representative at large for the State of New York, to represent the State in the
Congress of the United States,” and being a woman, she violated the voting law
since women were not allowed to vote. After some testimony Judge Hunt said,
"The Fourteenth Amendment gives no right to a woman to vote, and the voting
by Miss Anthony was in violation of the law…Assuming that Miss Anthony
believed she had a right to vote, that fact constitutes no defense if in truth
she had not the right. She voluntarily gave a vote which was illegal, and thus
is subject to the penalty of the law." Judge Hunt then said, "Upon
this evidence I suppose there is no question for the jury and that the jury
should be directed to find a verdict of guilty." Defense attorney Henry
Selden objected to no avail and the following day argued for a new trial on the
grounds that Anthony's constitutional right to a trial by jury had been
violated, but Judge Hunt denied the motion. Judge Hunt then determined that
Anthony’s sentence was a $100 fine and her response was, “May it please your
honor, I shall never pay a dollar of your unjust penalty,” which she never
did.
How
did she get away without paying the fine? Well, Judge Hunt said to her,
“Madam, the court will not order you to stand committed until the fine is
paid.” This statement cleverly not only let Miss Anthony go without paying the
fine, but also left Anthony without grounds for a federal appeal. The election
inspectors who were involved in the incident were also fined $25 each and also
not forced to pay for the same reason.
Shortly
after her trial the Anthony amendment was introduced into Congress but failed to
pass. The amendment was either reintroduced or kept off the floor of Congress
every year for over 41 years. Finally, eighty-eight years ago on
August 26, 1920
the 19th
amendment to the U. S. Constitution passed, giving women the right to vote, 14
years after Susan B. Anthony’s death in 1906. Her determination, tireless
efforts and ultimate impact in fighting for women’s rights make her
Rochester’s most notable woman and one of the most well known and respected
women in the entire world.