Return of U.S. Marshal to the Writ of Habeas Corpus Committing Susan B. Anthony to Jail
1/10/1873
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Suffragette Susan B. Anthony registered and voted in the election of 1872 in Rochester, New York. As planned, she was arrested for “knowingly, wrongfully and unlawfully vot[ing] for a representative to the Congress of the United States,” convicted by the State of New York, and fined $100.
This document is the return of Isaac P. Quinby, U.S. Marshal for the Northern District of New York, to the writ of habeas corpus committing Susan B. Anthony to the Albany County jail.
This is one of several federal court cases involving women arrested for illegally voting in the 1872 election in Rochester, NY, 48 years before the 19th amendment passed in 1920.
This document is the return of Isaac P. Quinby, U.S. Marshal for the Northern District of New York, to the writ of habeas corpus committing Susan B. Anthony to the Albany County jail.
This is one of several federal court cases involving women arrested for illegally voting in the 1872 election in Rochester, NY, 48 years before the 19th amendment passed in 1920.
Transcript
The Return of Isaac F. Quinby, United States Marshall in and for the Northern District of New York to the Writ of Habeas Corpus hereto annexed by E.[ I. Keeney?] Deputy U. S. Marshall.In obedience to the Writ of Corpus hereto annexed I do hereby certify and return to the Honorable Nathan K. Hall District Judge of the United States in and for the Northern District of New York that before the coming of said Writ to me, to-wit, on the 18th day of November A.D. 1872 at the City of Rochester in the County of Monroe in said District the said Susan B. Anthony mentioned in said Writ was taken into custody by me by virtue of a warrant of commitment issued on the 14th day of November A.D. 1872 by one William C. Storrs a United States Circuit Court Commissioner in and for said Northern District of New York directed to the Marshal of the United States for said Northern District of New York and his deputies or either of them and to the Keeper of the Common Jail of the County of Albany commanding said Marshal and Deputies or either of them to convey and deliver into the authority of said keeper the body of
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said Susan B. Anthony charged before said Commissioner on oath with having on the fifth day of November A.D. 1872 at said City of Rochester in the County of Monroe in said Northern District of New York knowingly, wrongfully and unlawfully voted for a Representative in the Congress of the United States for the 29th Congressional District of the State of New York and for a Representative in the Congress of the United States for the State of New York at large at an election for said Representatives and other officers then and there duly had and held in the first election district of the eighth ward of said City of Rochester said district and ward then and there being within and a portion of said twenty ninth Congressional District, she said Susan B. Anthony then and there not having a lawful right to vote in that she said Susan B. Anthony was then and there a person of the female sex contrary to the form of the statute of the United States of America in such case made and provided and against the peace of the United States
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of America and their dignity and which commitment further recites that said Susan B. Anthony having regularly been brought before said Commissioner to answer said charge and from the examination of divers persons on oath in the presence and hearing of said Susan B. Anthony in regards to said offence thus charged said Susan B. Anthony having been attended by counsel and at her own request examined in her own behalf and it appearing to said Commissioner that the said offense had been committed and that there was probable cause to believe said Susan B. Anthony guilty thereof and she said Susan B. Anthony not having offered sufficient bail for her appearance at the next court having cognizance of such offence to answer therefor she was duly committed to said Common Jail of said County of Albany which warrant of commitment is in due form under the hand and seal of said Commissioner and a copy whereof is hereto annexed and Marked Exhibit A; and I hereby further certify and return that I now am and for more
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than one year last past have been a Deputy [crossed out] Marshal of the United States in and for the Northern District of New York duly appointed, qualified and acting as such and that the said Susan B. Anthony is now in my custody as such Deputy [crossed out] Marshal under and by virtue of said commitment and I also certify that I have here the body of said Susan B. Anthony as by said writ I am commanded; and I further return and certify on information and belief by way of suggestion for the information of said District Judge that on or about the tenth day of November A.D. 1872 complaint was made to said William C. Storrs as such Circuit Court Commissioner, he such Storrs as such Commissioner, having full power to examine offenders charged with having committed offences against the United States in said Northern District of New York, - alleging that on the fifth day of November A.D. 1872 at the City of Rochester in the County of Monroe in the Northern District of New York at an election then and there duly had and held in the first election district of the eighth ward of said
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city for a Representative in the Congress of the United States for the twenty ninth Congressional District of the State of New York and for a Representative in the Congress of the United States for the State of New York at large and other officers said first district of said eighth ward then and there being within and a portion of said twenty ninth Congressional District she said Susan B. Anthony did then and there knowingly, wrongfully and unlawfully vote for a Representative in the Congress of the United States for said twenty ninth Congressional District of the State of New York and for a Representative in the Congress of the United States for the State of New York at large without having a lawful right to vote in that she said Susan B. Anthony was then and there a person of the female sex contrary to the form of the statute of the United States of America in such case made and provided and against the peace of the United States of America and their dignity, that said Commissioner thereupon issued a warrant of arrest against said Susan B. Anthony and she was therefore brought before said
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Commissioner and an examination of said charge was duly had and a copy of the evidence adduced before said Commissioner on said examination is hereto annexed and marked Exhibit B.
I.F. Quimby
U. S. Marshal
By E. [ I. Keeney?]
Deputy
Northern District of New York, s.s. Elisha [I. Keeney?] above named and being the same person who subscribed the foregoing return being duly sworn says that the above return subscribed by him is true of his own knowledge except as to the matters therein stated on information and belief and as to those matters he believes it to be true.
Subscribed and sworn E. [ I. Keeney?]
before me this 10th day
of January 1873
N. K. Hall
U.S. Dist. Judge
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[double line]
Before, Hon. N.K. Hall Dist Judge
[double line]
In the matter
Of
the application of Susan B. Anthony, to be discharged from custody.
[double line]
Return to Writ
[double line]
By consent of the petitioner’s counsel, Hon. H.R. Holden, and
of the Dist. Atty. The hearing
in the within writ and
[?] is hereby adjourned
to the 21’’ day of January
inst. at 10 o’clock A.M. at the sworn [?]
occupied by the U.S. District
Court in the City of
Albany in this district.
Buffalo Jan. 10. 1873
N.K. Hall
U.S. Dist Judge
Filed January 10th 1873
This primary source comes from the Records of District Courts of the United States.
National Archives Identifier: 278301
Full Citation: U.S. vs. Susan B. Anthony, Return of Isaac P. Quinby, U.S. Marshal for the Northern District of New York, to the Writ of Habeas Corpus committing Susan B. Anthony to the Albany County Jail; 1/10/1873; Susan B. Anthony Criminal Case File; Criminal Cases Heard in the U.S. District Court for the Northern District of New York, 1870 - 1968; Records of District Courts of the United States, Record Group 21; National Archives at New York, New York, NY. [Online Version, https://docsteach.org/documents/document/return-isaac-quinby, May 15, 2024]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.