Anthony, at that time resided in the city of Rochester, in the county of
Monroe, Northern District of New York, and upon the 5th day of November,
1872, she voted for a representative in the Congress of the United
States, to represent the 29th Congressional District of this State, and
also for a representative at large for the State of New York, to
represent the State in the Congress of the United States. At that time
she was a woman. I suppose there will be no question about that. The
question in this case, if there be a question of fact about it at all,
will, in my judgment, be rather a question of law than one of fact. I
suppose that there will be no question of fact, substantially, in the
case when all of the evidence is out, and it will be for you to decide
under the charge of his honor, the Judge, whether or not the defendant
committed the offence of voting for a representative in Congress upon
that occasion. We think, on the part of the Government, that there is no
question about it either one way or the other, neither a question of
fact, nor a question of law, and that whatever Miss Anthony's intentions
may have been--whether they were good or otherwise--she did not have a
right to vote upon that question, and if she did vote without having a
lawful right to vote, then there is no question but what she is guilty
of violating a law of the United States in that behalf enacted by the
Congress of the United States.

We don't claim in this case, gentlemen, that Miss Anthony is of that
class of people who go about "repeating." We don't claim that she went
from place to place for the purpose of offering her vote. But we do
claim that upon the 5th of November, 1872, she voted, and whether she
believed that she had a right to vote or not, it being a question of
law, that she is within the Statute.

Congress in 1870 passed the following statute: (Reads 19th Section of