or privilege arising under the constitution of the state, and not of the
United States. If the right belongs to any particular person, it is
because such person is entitled to it as a citizen of the state where he
offers to exercise it, and not because of citizenship of the United
States.... The regulation of the suffrage is conceded to the states as a
state right."

If this position be correct, which I am not now disposed to question, I
respectfully insist that the congress of the United States had no power
to pass the act in question, that by doing so it has attempted to usurp
the rights of the states, and that all proceedings under the act are
void.

I claim therefore that the defendant is entitled to a new trial.

First--Because she has been denied her right of trial by jury.

Second--Because she has been denied the right to ask the jury severally
whether they assented to the verdict which the court had recorded for
them.

Third--Because the court erroneously held, that the defendant had not a
lawful right to vote.

Fourth--Because the court erroneously held, that if the defendant, when
she voted, did so in good faith, believing that she had a right to vote,
that fact constituted no defence.

Fifth--Because the court erroneously held that the question, whether the
defendant, at the time of voting knew that she had not a right to vote,