say, that the franchise of voting shall be limited
to the male sex. In saying this, there is, in
my judgment, no violation of the letter or of the
spirit of the 14th or of the 15th Amendment. This
view is assumed in the second section of the 14th
Amendment, which enacts that if the right to vote
for Federal officers is denied by any state to any
of the male inhabitants of such State, except for
crime, the basis of representation of such State shall
be reduced in proportion specified. Not only does
this section assume that the right of male inhabitants
to vote was the especial object of its protection,
but it assumes and admits the right of a State, notwithstanding
the existence of that clause under which the defendant
claims to the contrary, to deny to classes or portions
of the male inhabitants the right to vote which is
allowed to other male inhabitants. The regulation
of the suffrage is thereby conceded to the States
as a State’s right. The case of Myra Bradwell,
decided at a recent term of the Supreme Court of the
United States, sustains both the positions above put
forth, viz: First, that the rights referred to
in the 14th Amendment are those belonging to a person
as a citizen of the United States and not as a citizen
of a State, and second, that a right of the character
here involved is not one connected with citizenship
of the United States. Mrs. Bradwell made application
to be admitted to practice as an attorney and counsellor
at law, in the Courts of Illinois. Her application
was denied, and upon appeal to the Supreme Court of
the United States, it was there held that to give jurisdiction
under the 14th Amendment, the claim must be of a right
pertaining to citizenship of the United States, and
that the claim made by her did not come within that
class of cases. Mr. Justice Bradley and Mr. Justice
Field held that a woman was not entitled to a license
to practice law. It does not appear that the
other Judges passed upon that question.
The 14th Amendment gives no right to a woman to vote,
and the voting by Miss Anthony was in violation of
the law.
If she believed she had a right to vote, and voted
in reliance upon that belief, does that relieve her
from the penalty? It is argued that the knowledge
referred to in the act relates to her knowledge of
the illegality of the act, and not to the act of voting;
for it is said that she must know that she voted.
Two principles apply here: First, ignorance of
the law excuses no one; second, every person is presumed
to understand and to intend the necessary effects
of his own acts. Miss Anthony knew that she was
a woman, and that the constitution of this State prohibits
her from voting. She intended to violate that
provision—intended to test it, perhaps,
but certainly intended to violate it. The necessary
effect of her act was to violate it, and this she
is presumed to have intended. There was no ignorance
of any fact, but all the facts being known, she undertook