Folk-Tales of Napoleon The Napoleon of the People; Napoleonder
FOLK-TALES OF NAPOLEON NAPOLEONDER From the Russian THE NAPOLEON OF THE PEOPLE From the French of Honore de Balzac Translated With Introduction By GEORGE KENNAN 1902 CONTENTS NAPOLEONDER THE NAPOLEON OF THE PEOPLE
illegally voting was bound and was assumed to know the law, and that a
belief that he had a right to vote gave no defense, if there was no
mistake of fact. (Hamilton against The People, 57th of Barbour, p. 625;
State against Boyet, 10th of Iredell, p. 336; State against Hart, 6th
Jones, 389; McGuire against State, 7 Humphrey, 54; 15th of Iowa reports,
404.) No system of criminal jurisprudence can be sustained upon any
other principle. Assuming that Miss Anthony believed she had a right to
vote, that fact constitutes no defense if in truth she had not the
right. She voluntarily gave a vote which was illegal, and thus is
subject to the penalty of the law.
Upon this evidence I suppose there is no question for the jury and that
the jury should be directed to find a verdict of guilty.
JUDGE SELDEN: I submit that on the view which your Honor has taken, that
the right to vote and the regulation of it is solely a State matter.
That this whole law is out of the jurisdiction of the United States
Courts and of Congress. The whole law upon that basis, as I understand
it, is not within the constitutional power of the general Government,
but is one which applies to the States. I suppose that it is for the
jury to determine whether the defendant is guilty of a crime or not. And
I therefore ask your Honor to submit to the jury these propositions:
First--If the defendant, at the time of voting, believed that she had a
right to vote and voted in good faith in that belief, she is not guilty
of the offense charged.
FOLK-TALES OF NAPOLEON NAPOLEONDER From the Russian THE NAPOLEON OF THE PEOPLE From the French of Honore de Balzac Translated With Introduction By GEORGE KENNAN 1902 CONTENTS NAPOLEONDER THE NAPOLEON OF THE PEOPLE