Note 157 — Chapter XXIV

Resolved, That this convention, representing as it does all portions of our country, cordially sympathizes with the proposed efforts of the women of the District of Columbia to secure the practical enjoyment of their constitutional right to vote, as declared by the Supreme Court of said District, by the passage of an act of Congress amending the organic law of the District by striking out the word "male" from the seventh section of said act; and we earnestly request our senators and representatives to support a bill providing for such an amendment by speech and vote.

Resolved, That a committee of seven be appointed by the president of this convention to co-operate with the committee heretofore appointed by the women of the District of Columbia in their application to Congress for the passage of an act amendatory of the organic act of said District, as above indicated.

Resolved, That among the important events in our struggle for the equal rights of woman we place the trial of Miss Susan B. Anthony before Hon. Ward Hunt, a judge of the Supreme Court of the United States, at Canandaigua, New York, in June last, on an indictment for voting as a citizen at the general election in November, 1872; that the grossly partial course of Judge Hunt on that occasion, his seeming unacquaintance with the plainest rules of law, and his eagerness for the conviction of Miss Anthony, stand in marked contrast with the calm demeanor and clear apprehension of the facts and principles at issue which she exhibited on the trial, and their conduct respectively in this memorable contest affords proof that, though it may be possible that all women have not a constitutional right to be voters, it is very certain that some men are not fit to be judges.

Resolved, That waiving for the present moment the question whether or not Judge Hunt was correct in his decision concerning the constitutional right of women to vote for Federal officers, nevertheless, in the opinion of all sound lawyers and intelligent men, he committed a great outrage against Miss Anthony by assuming, without proof, that she voted for a candidate for Congress, and by arbitrarily refusing to allow the jury to pass upon the question of her innocence, and by peremptorily commanding them to render a verdict of guilty. That so plain is this to the minds of those who possess any clear knowledge of general principles of law, and of the ordinary duties of a criminal court, that Judge Hunt has shown by his conduct on that trial that he is too ignorant to fill his high position, or too arbitrary to be entrusted with its grave responsibilities; and, therefore, in either case, he ought to be impeached and removed from the bench.

Resolved, That by the death of John Stuart Mill, woman has lost a wise, brave friend. His great work for the enfranchisement of woman, and for the elevation of all mankind deserves the public thanks of this convention.

Resolved, That in Hon. John C. Underwood, lately removed from the bench by death, the women of his district have lost that rarest of public servants, a judge to whom the disfranchised could confidently look for justice.

Resolved, That by the death of John M. Morris, late editor of the Washington Chronicle, the cause of woman's freedom lost a tried and valued friend, whose faithfulness and judgment entitled him to the gratitude of the women of this Nation.

Miss Anthony submitted the following:

Resolved, That the thanks of the friends of woman suffrage are due to the Misses Smith, of Glastonbury, Connecticut, for their patriotic resistance to the tyranny of taxation without representation, and that all women tax payers through the country should follow their example.

Resolved, That the best means of agitating at the present hour is for all women to insist on their right of representation by actually presenting their votes at every election, and for all property-holding women to refuse to pay another dollar of tax until their right of representation is recognized.

Peterboro, January 5, 1874

Susan B. Anthony—My Dear Friend: As I am suffering from an attack of vertigo, I answer your letter by the hand of my wife. Enclosed is my contribution toward defraying the expenses of your convention. Strong as is the Constitutional argument for woman suffrage, I nevertheless hope that your convention will not tolerate the idea of measuring the rights of woman by a man-made constitution. Have you heard of a State in which women and women only bear rule, and the constitution of which was made by women only? Perhaps there is such a flagrantly unjust state, either on this or some other planet. If so, deep is the injury done to its men. But deeper the insult added to this injury if, when the men complain of being excluded from the government, the women apply to the measurement of man's rights the yardstick of a woman-made constitution. Constitutions are useful in settling ten thousand subordinate questions. But the great questions of primary and inherent human rights are to be submitted to no lower decisions than those of God's immutable and everlasting justice.

Gerrit Smith.

With high regard, your friend,

GEN. BUTLER'S LETTER.

Washington, December 1.

My Dear Madam: As a rule I have refused to take part in any convention in the District of Columbia about any matter which might come before Congress. I do not think it proper. I went far out of my way in this regard, having given evidence that I am most strongly committed to the legality, propriety and justice of giving the ballot to woman. I do not see how I can add anything to it by appearing on the platform in advocacy of any measure that may come before me as a Member of Congress, and I do not think my sense of propriety would over-balance such considerations. Hoping that your cause may succeed, I have the honor to be, very truly yours,

Ben. F. Butler.