An Account of the Proceedings on the Trial of Susan B. Anthony, on the Charge of Illegal Voting by Anonymous
page 69 of 270 (25%)
page 69 of 270 (25%)
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condemns does not exist, in connection with the act, there is no
offence. It is immaterial whether its non-existence be owing to ignorance of law or ignorance of fact, in either case the fact which the law condemns, the criminal intent, is wanting. It is not, therefore, in an "indirect way," that ignorance of the law in such cases constitutes a defence, but in the most direct way possible. It is not a fact which jurors "may take into consideration," or not, at their pleasure, but which they must take into consideration, because, in case the ignorance exists, no matter from what cause, _the offence which the statute describes is not committed_. In such case, ignorance of the law is not interposed as a shield to one committing a criminal act, but merely to show, as it does show, that no criminal act has been committed. I quote from Sir Mathew Hale on the subject. Speaking of larceny, the learned author says: "As it is _cepit_ and _asportavit_, so it must be _felonice_, or _animo furandi_, otherwise it is not felony, for _it is the mind_ that makes the taking of another's goods to be a felony, or a bare trespass only; but because the intention and mind are secret, the intention must be judged of by the circumstances of the fact, and these circumstances are various, and may sometimes deceive, yet regularly and ordinarily these circumstances following direct in the case. If A., thinking he hath a title to the house of B., seizeth it as his own ... this regularly makes no felony, but a trespass only; but yet this may be a trick to colour a felony, and the ordinary discovery of a felonious intent is, if the party doth it secretly, or being charged with the goods denies it." (1 Hales P.C. 509.) I concede, that if Miss Anthony voted, knowing that as a woman she had |
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