The 14th Amendment
The Vote
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On November 1, 1872, Anthony and her three sisters entered a voter registration office. As they entered, the women saw three young men serving as registrars. Anthony walked directly to them and demanded that they register them as voters.
The registrars refused Anthony's request but she quoted the Fourteenth Amendment's citizenship provision and the article which contained no sex qualification. The registrars remained unmoved. Finally, Anthony gave the men an argument that she thought might catch their attention: "If you refuse us our rights as citizens, I will bring charges against you in Criminal Court and I will sue each of you personally for large damages!"
The registrars refused Anthony's request but she quoted the Fourteenth Amendment's citizenship provision and the article which contained no sex qualification. The registrars remained unmoved. Finally, Anthony gave the men an argument that she thought might catch their attention: "If you refuse us our rights as citizens, I will bring charges against you in Criminal Court and I will sue each of you personally for large damages!"
The Trial
The stunned inspectors discussed the situation. They accepted the advice of the Supervisor of elections, Daniel Warner, suggested that they allow the women to take the oath of registry. "Young men," Warner said "do you know the penalty of law if you refuse to register these names?" Registering the women, the registrars were advised, "would put the entire weight of the affair on them."
Following Warner's advice, the three inspectors voted to allow Anthony and her three sisters and were registered to vote. Testifying later about the registration process, Anthony remembered "it was a full hour" of debate "between the supervisors, the inspectors, and myself." In all, fourteen Rochester women successfully registered that day, leading to calls in one city paper for the arrest of the voting inspectors who complied with the women's demand. The Rochester Union and Advertiser editorialized in its November 4 edition: "Citizenship no more carries the right to vote that it carries the power to fly to the moon...If these women in the Eighth Ward offer to vote, they should be challenged, and if they take the oaths and the Inspectors receive and deposit their ballots, they should all be prosecuted to the full extent of the law."
Following Warner's advice, the three inspectors voted to allow Anthony and her three sisters and were registered to vote. Testifying later about the registration process, Anthony remembered "it was a full hour" of debate "between the supervisors, the inspectors, and myself." In all, fourteen Rochester women successfully registered that day, leading to calls in one city paper for the arrest of the voting inspectors who complied with the women's demand. The Rochester Union and Advertiser editorialized in its November 4 edition: "Citizenship no more carries the right to vote that it carries the power to fly to the moon...If these women in the Eighth Ward offer to vote, they should be challenged, and if they take the oaths and the Inspectors receive and deposit their ballots, they should all be prosecuted to the full extent of the law."
Arrest and Indictment
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The votes of Susan Anthony and other Rochester women was a major topic of conversation in the days that followed. The warrant charged Anthony with voting in a federal election "without having a lawful right to vote and in violation of section 19 of an act of Congress" enacted in 1870, commonly called The Enforcement Act. The Enforcement Act carried a maximum penalty of $500 or three years imprisonment.
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The actual arrest of Anthony was delayed for four days to allow time for Commissioner Storrs to discuss the possible prosecution with the U. S. Attorney for the Northern District of New York. On November 18, a United States deputy marshal showed up at the Anthony home on Madison Street in Rochester, where he was greeted by one of Susan's sisters. Storrs adjourned the case to December 23.
At the trial, the judge raised Anthony's bail from $500 to $1000. Anthony again refused to pay. Judge Selden, however, decided to pay Anthony's bail with money from his own bank account. In the courtroom hallway following the hearing Anthony's other lawyer, John Van Voorhis, told Anthony that Selden's decision to pay her bail meant "you've lost your chance to get your case before the Supreme Court." Shaken by the news, Anthony confronted her lawyer, demanding that he explain why he paid her bail. "I could not see a lady I respected put in jail," Selden answered.
At the trial, the judge raised Anthony's bail from $500 to $1000. Anthony again refused to pay. Judge Selden, however, decided to pay Anthony's bail with money from his own bank account. In the courtroom hallway following the hearing Anthony's other lawyer, John Van Voorhis, told Anthony that Selden's decision to pay her bail meant "you've lost your chance to get your case before the Supreme Court." Shaken by the news, Anthony confronted her lawyer, demanding that he explain why he paid her bail. "I could not see a lady I respected put in jail," Selden answered.