Order to U.S. Marshal to Deliver Susan B. Anthony to County Jail
12/26/1872
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In the 1872 election, 15 women in Rochester, N.Y., including Susan B. Anthony, successfully registered to vote and cast their ballots. As planned, they were arrested and charged with illegal voting, for “knowingly, wrongfully and unlawfully vot[ing] for a representative to the Congress of the United States.”
This December 26, 1872, order directed U.S. Marshals to take Anthony to jail. Only Anthony’s case went to trial. In U.S. v. Susan B. Anthony, she was found guilty and fined $100, which she never paid.
This December 26, 1872, order directed U.S. Marshals to take Anthony to jail. Only Anthony’s case went to trial. In U.S. v. Susan B. Anthony, she was found guilty and fined $100, which she never paid.
Transcript
[printed text]Commitment Stump & Southworth, Printers, Reynolds’ Arcade, Rochester, N.Y.
Circuit Court of the United States } [handwritten] “Exhibit A”
FOR THE NORTHERN DISTRICT OF NEW YORK, }
MONROE COUNTY. }
To [handwritten] Isaac F. Quimby],] [continue printed text]
Marshal of the United States, for the Northern District of New York, and his Deputies, or either Of them, and to the Keeper of the common Jail of the County of [handwritten] Albany, N.Y. [continue printed text]
These are to Command you, The said Marshal and Deputies, or either of you, to convey and deliver into the custody of the said keeper, the body of [handwritten] Susan B. Anthony [continue printed text]
charged this day before me, a Commissioner of the United States, in and for said district on the oath of [handwritten] Sylvester Lewis [continue printed text] and others, with having
[begin handwritten] on the Fifth day of November 1872 on the First Election District in the Eighth Ward of the City of Rochester Monroe County State of New York, [Illegible] an election on that day then and there had for a Representative in the Congress of the United States for the 29th Congressional District of that State of New York, and also for a Representative in said Congress at Large from said; voted for said Representatives, without having a lawful right so to vote, and contrary to the [10th?] “Section of an act of Congress approved 31 May 1870, Entitled “an act to”
“Enforce the right of citizens of the United States to vote in”
“the several States of this union and for other purposes” [end handwritten]
[begin printed text] [crossed out:] contrary to the statues in such once made and provided.
And the said [handwritten] Susan B. Anthony [continue printed text] having been regularly brought before me to answer said charge, and from the examination [handwritten] Sylvester Lewis [continue printed text] and other, on oath, in the presence and hearing of the said [handwritten] Susan B. Anthony [continue printed text] in regard to the offence thus charged and from an examination of said [handwritten] Susan B. Anthony [continue printed text] without oath, in relation thereto, he having been by me previously informed of the charge made against him her and that she [s handwritten] was at liberty to refuse to answer any question that might be put to himer [er handwritten] and having been allowed a reasonable time to send for and advise with counsel, and from an examination of the whole matter it appearing to me that the said offence has been committed, and that there is probable cause to believe the said [handwritten] Susan B. Anthony [continue printed text] was guilty thereof.
And the said [handwritten] Susan B. Anthony [continue printed text] not having offered sufficient bail for hiser [er handwritten] appearance at the next Court having cognizance of such offence, to answer therefor, you the said keeper of the said common jail, [handwritten] Albany N.Y. [continue printed text] are hereby required to receive the said [handwritten] Susan B, Anthony [continue printed text]in to your custody, and himer [er hand written] there safely to keep for want of sureties, and until she shall be discharged by due course of law.
Given under my hand seal, at [handwritten] the City of Rochester [continue printed text] in the said County of [handwritten] Monroe, N.Y. [continue printed text] this [handwritten] Twenty Sixth [continue printed text] day of [handwritten] December [continue printed text] one thousand eight hundred and [crossed out] sixty [handwritten] seventy Two.
[handwritten] William C. Storrs
[continue printed text]United States Commissioner
in and for the Northern District of New York
[printed text] United States Circuit Court
Northern District of New York
THE UNITED STATES OF AMERICA
vs
[handwritten] Susan B. Anthony
[continue printed]
COMMITMENT
[handwritten] William C. Storrs
[illegible printed name struck out]
[printed text] United States Commissioner
[handwritten] Richard Crowley
[illegible printed name struck out]
[printed text] United States Attorney
[handwritten] Isaac F. Quimby
[illegible printed name struck out]
[printed text] United States Marshal
[handwritten] Bail $500 with a surety
Clerk will [illegible] writ for allowance returnable
Jan'y 10. 1873 10 A.M. -
Hall
Filed Jan 2 1873
[image of American eagle]
-----------------------------------------------------
[printed] The President of the United States of America
To [handwritten over printed underlining] Isaac F. Quimby
United States Marshall
[continue printed text] Greetings:
You are hereby commanded that you have the body of [handwritten over printed underlining] Susan B. Anthony [continue printed text] by you imprisoned and detained, as it is said, together with the time and cause of such imprisonment and detention, by whatsoever name the said [handwritten over printed underlining] Susan B. Anthony [continue printed text] shall be called or charged, before the Honorable Nathan K. Hall, Judge of the District Court of the United States for the Northern District of New York, at the United States Court Room, on the corner of Washington and Seneca Streets, in the city of Buffalo, on the [handwritten over printed underlining] Tenth [continue printed text] day of [handwritten over printed underlining] January [continue printed text] 18[handwritten] 73 [continue printed text], at [handwritten over printed underlining] Ten [continue printed text] o’clock in the [handwritten over printed underlining] fore- [continue printed text] noon, to do and receive what shall then and there be considered concerning the said [handwritten over printed underlining] Susan B. Anthony [continue printed text] and have you then and there this writ.
[handwritten x in left margin] [continue printed text]
Witness the Honorable Nathan K. Hall, Judge of the District Court of the United States, for the Northern District of New York, at the city of [handwritten over printed underlining] Buffalo [continue printed text] the [handwritten over printed underlining] 2 [superscript] d [continue printed text] day of [handwritten over printed underlining] January [continue printed text] 18 [handwritten over printed underlining] 73.
John Van Voorhis [continue printed text] Attorney.
[handwritten over printed underlining] [M.P. Fillmore?] [continue printed text] Clerk.
[handwritten sidewards at top of page] I hereby allow the within writ of Habeas corpus.
Jan. 2, 1873.
N.K. Hall
U.S. Dist. Judge
Recd January 3 1872 [end sidewards handwriting]
[handwritten normal orientation at bottom of page]
The hearing upon the within writ and the return hereto having been adjourned until this day, when such hearing was [provided?] in in furtherance of such [adjournment?], the United States being represented by the Hon Richard Crowley U.S. District Attorney, and the within named Susan B. Anthony being present in person, attended by the Hon. Henry R. Selden and John Van Voorhis Esq. her counsel, and the said hearing having been closed: It is now ordered and adjudged that the application of the said Susan B. Anthony for a discharge from custody be and the same hereby is denied, and that the proceedings under the within writ be and the same are hereby are dismissed.
Albany January 21, 1873 N.K. Hall
U.S. District Judge.
This primary source comes from the Records of District Courts of the United States.
National Archives Identifier: 278296
Full Citation: U.S. vs Susan B. Anthony, Order to U.S. Marshal to deliver Susan B. Anthony to county jail; 12/26/1872; 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/susan-b-anthony-jail-order, October 1, 2023]Activities that use this document
- Evaluating the New Departure Strategy in the Fight for Women's Suffrage
Created by the National Archives Education Team
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