Susan B. Anthony Arrested for Voting

June 17, 1873    

Found here

Miss Susan B. Anthony was arrested November 18 for voting in the Presidential election in Rochester, N.Y., on November 5.

The Vote
After joining together a group of 50 women, including her own three sisters, Anthony demanded to be registered as a voter in a Rochester, N.Y., barbershop on November 1. The demand sparked debate among the men and women at the scene, but eventually the women were allowed to take the oath of registry.

It is estimated that more than 14 women voted at West End News Depot on Election Day.

Anthony’s vote was accepted on November 5 after a vote from inspectors.

“Decide which way we might, we were liable to prosecution,” voting Inspector E.T. Marsh said of the decision to allow Anthony and the other women to vote.  “We were expected...to make an infallible decision, inside of two days, of a question in which some of the best minds of the country are divided."

Anthony wrote to fellow suffragist Elizabeth Cady Stanton shortly after voting expressing excitedment for her actions.

“If only now--all the women suffrage women would work to this end of enforcing the existing constitution--supremacy of national law over state law--what strides we might make this winter,” Anthony said. “But I'm awful tired--for five days I have been on the constant run--but to splendid purpose--So all right--I hope you voted too.”

The Arrest
A warrant for Anthony’s arrest was issued on November 14, but in an attempt to avoid a scene, arrest was delayed. Anthony refused to turn herself in to Police Commissioner Storrs.

“I sent word to him that I had no social acquaintance with him and didn't wish to call on him,” Anthony said.

Anthony was arrested November 18 and is being charged with violation of the Enforcement Act of 1870, which details voting without a right to lawfully do so. maximim penalty for the crime is a fine of $500 or three years imprisonment.

Other women who successfully voted were also placed under arrest, as well as the officers who allowed the women to vote on Election Day. The arrestees refused bail and were held in Commissioner Storrs’ office until release.

The Trial
Anthony’s trial is scheduled to begin November 29. Sylvestor Lewis and Eighth Ward Inspectors are scheduled to appear as the chief witnesses against Anthony.

Anthony will be represented by John Van Voorhis. Also to be tried are the voting inspectors who allowed Anthony and the other women to vote. 

The Impact
The decision of the court is sure to have a great impact on the Women's Suffrage Movement. If Anthony were to be found guilty of voting without lawfully being able to do so, the law will remain that under the Fourteenth Amendment, women do not have the right to vote. If Anthony is found not guilty, it is likely to be agreed that the Fourteenth Amendment does in fact grant women the right to vote and will allow them to do so in the future.