You Are There: Susan B Anthony (1971)

Heat. Heat. [Music] Rochester, New York. Miss Susan B. Anthony, American citizen, is being arrested for a felony committed on the previous election day. Her crime? She voted. I'm in your custody, sir. I trust that you are wellarmed in case I should try anything desperate. June 18th, 1873. The trial of Susan B. Anthony. You are there. [Music] Suffrage, the right to vote, has been granted to every citizen except women. Without the right to vote and the political power that goes with it, women have virtually no rights at all. To protest their merely ornamental citizenship, increasing numbers of women have organized and are openly demanding that the hand that bakes the biscuits and rocks the cradle also be allowed to cast the ballot. Foremost among them is Susan B. Anthony, one-time Quaker school teacher and famous abolitionist. In the last national election, she voted and was arrested promptly. Today is June 16th, 1873, the day before her trial. David Cohane is at Susan B. Anony's home in Rochester, New York. All things are as they were then, except you are there. With Miss Anthony is her attorney, the Honorable Henry R. Seldon, an old personal friend and a strong supporter of her cause. I'll call you as office witness, Miss Anthony. You vote? Yes. Why did you vote? You knew you'd be arrested, didn't you? It did occur to me. Yes. Each state has laws that deny the vote to women. To fight them one by one, state by state, would take forever. I thought that by voting in a national election and appearing in a federal court, a test case. And winning. I could have all of those laws declared unconstitutional. Then you admit you voted illegally. No, no, no. that has yet to be proved in court. When I testify tomorrow, my authority shall be the 14th and 15th amendments to the Constitution. All persons, not all masculine persons. All persons born or naturalized in the United States are citizens of the United States and all citizens not all citizens who wear trousers. All citizens, regardless of race or color or previous condition of servitude, have the right to vote. But that refers to slavery. So it does, and so do I. To be governed without one's consent is slavery. If this law consents to that, then it is a bad law. It would appear that few of your colleagues in the women's rights movement agree with you. That is not so. How do you explain then that none of the leaders have spoken out in your defense? Lucricia Mat, Elizabeth Katie Stanton, will they be here for your trial? They would be here if they could. They have other pressing affairs. Mrs. Stanton has domestic responsibilities, a family, a child. Otherwise, she would most certainly be here. She's one of my closest friends. Isn't the real reason that they feel you are too militant? Now, please, please, no more questions. Susan, as your attorney, I'm afraid I must insist that you as my attorney, not as my guardian. Thank you, Miss Anthony. Oh, I'm sorry, Henry. I seem to have so few friends, I can't afford to turn against the one who is most loyal. Look at me, Henry. I'm no Jonavar. If the movement needed a mart, I'd be a poor choice. All I can do is scold people. I could be convicted, you know. Oh, yes. Yes, I could. And if I lose, the movement could be discredited and ridiculed. Well, I can't blame Mrs. Stanton and the others for not wanting to share that with me. Everything depends on what I say to that jury tomorrow. doesn't it? That's right, Susan. Now, with juries, especially for a woman, demeanor is important. Be forthright, but not bold. And shall I cast my eyes down, too, and simmer. All right, Susan. All right. Testify any way you wish, but please, please, not in that red shawl. But I always wear this. Yes, I know. and has become notorious read that it gives you the character of a revolutionary. But that's what I am. I am as opposed to tyranny as Patrick Henry was. And as I like to think, Mrs. Patrick Henry was. [Laughter] It is June 17th. The case of the United States of America versus Susan B. Anthony is now being tried in the US Circuit Court. Northern District of New York, the Honorable Ward Hunt presiding. We switch you now to the town of Canondeua near Rochester to the trial already in progress and to George Herman. The defense has finished its opening statements and is preparing to call its first witness as soon as the lunch and recess is over. The supporters of Miss Anthony say that the government has had the trial moved to Canandra from Rochester because it would be easier to impanel a jury here which would be more hostile to Miss Anthony. Many of the spectators are men occupying seats. They say they would ordinarily surrender to the ladies who now must, if they so desire equality, learn to do without such polite attentions. Some of Miss Anony's supporters say they don't mind standing up for their cause and are doing just that in the back of the courtroom. Bob Bar is [Music] there. With me are three women, all active in the women's rights movement. Miss Everheart, you're a lawyer. What in your opinion is the significance of this case? First, let me correct you. I am a lawyer only in the sense that I read for the law in my father's offices and I am fully qualified for the bar. But I am forbidden to practice solely on the grounds that I am a woman. Now, my legal opinion, if Susan Anthony is acquitted, every female will feel as free to vote as she does, and they'll have to pass an amendment to the Constitution permitting it or be prepared to arrest every woman in the country. Miss Voss, you're a teacher, and you were recently discharged for your women's rights activities. I spoke out at a school board meeting. I'm afraid I gave them fits. I told them it was unfair for women teachers to be paid only $10 a month while men were being paid 40 for teaching the same children and didn't have to sweep out the school room besides. And you were dismissed for that? Well, I called the board president an old mini hammer. Equal opportunity, equal pay. Mrs. Cleinger, what do you think the vote could mean for married women? dignity, a sense of worth. For some women, survival. You see, legally, a wife is not really her husband's partner. She's his property. And if he's a brute, which uh bless heaven, mine is not, he can beat her, betray her, desert her, cast her aside, and then come back and and take away her earnings, savings, goods, and even her children. The laws permit this because men voted to pass those laws. Susan Anthony is only trying to give an equal vote to their victims. For which if she's convicted, she can get three years in jail. Miss Everheart, a legal opinion again. What do you think of her chances? I think her case rests entirely on her, how well she defends herself when she testifies. Suffragists are now claiming that Judge Hunt, like District Attorney Richard Crowley, was handpicked by political bosses because of his outspoken bias against women's suffrage. Your honor, I propose to call Miss Susan B. Anthony. Objection. She is not competent to uh testify on her own behalf. Sustained. But your honor, on the grounds that she is not qualified to testify on points of law. Exception, your honor. I must take an exception. The clerk will noted. But your honor, please clear from your opening argument that you intend to draw out testimony involving the 14th and 15th amendments to the constitution. That, sir, is law and outside the competence of this witness. Respectfully, your your honor's ruling denies my client a day in court. Denies the jury the right to hear her motive for the act for which he has been accused. Sir, this court is the judge of the law and what constitutes it as the jury is the judge of the facts. Your client's motives do not constitute facts, sir, and are therefore not admissible in evidence. Your honor, I will. The court's ruling stands. [Music] They're not going to let me speak. They're afraid of what I might say. A condemnation under the circumstances would only add one more weighty reason to those I have already given, as to why women need the aid of the ballot. for their own protection. Thanking your honor, gentleman of the jury, I submit my case and this court will recess for 1 hour. 1 hour. Mr. Felden has just completed his closing argument for the defense. He spoken steadily for more than 3 hours, and his client's fate is now up to the jury. Thank you, Henry, for that magnificent defense. If all men had the heart to match your eloquence, I'd have no fear of the 12 in that jury box. I'd feel better about the jury. If the judge had allowed you to testify, I feel certain that he's called this recess to spoil the effect of Mr. Seldon's arguments. I must confess that I am disappointed that I was not permitted to convince the jury that what I did was the act of a patriotic citizen and not that of some a bitter old maid. I'm sorry. I don't recall the name or the mammoth. Well, my name has a Ms in front of it. I'll tell you that. And if yours had, I don't think you'd be out agitating against heavenly law. Madam, I'm only trying to amend the Constitution, not the Holy Bible. Which sacred book declares that man and wife are one flesh, and one flesh means one vote? What you are doing is wicked, setting man against wife. In any decent home, the mister does the voting as the Lord intended. Let me tell you, Missy, if I get the vote, I'll refuse to exercise it. That is a privilege that your husband already has. I am sure that his esteem for you would increase if you could vote and out of respect for him you refrained. That would be like renewing your marriage vows every election day and there would be rejoicing in heaven and in Washington at the same time. You are a disgrace to your gender and you madam are a niehammer. This is Hell Walker with District Attorney Crowley. Mr. Crowley, why is there so much opposition to women's suffrage? I shall be candid, sir. In a man's hand, the uh the ballot is a tool, a political tool. In my lady's hand, it's apt to be a dust cloth. She'd be forever flicking it about, like try to clean things here, rearrange things there, putting this thing in the attic, that thing in the cellar. Flick, flick, flick. You mean they'd be reformers? Would they not? They'd have females in the professions. They'd have equal wages for the factory women. There'd be no children in the factory at all. And that Anthony woman, she's a bearcat for temperance. She'd level all our saloons and have every man jack of us wearing a a pretty white ribbon. Lily of the Valley. Just Just a touch. Frankly, neither party wishes to embrace the women. Politically, I mean, because as a class, they can't be depended upon. To vote along party lines, do you mean? Just so. Now, you take the slave. The Republicans gave him the ballot along with his freedom. Gratitude tells him where to vote. And the immigrant naturalized and enrolled in the Democratic Party with the same dip of the pen down the gang plank and into the polling booth. He knows who to thank. But the women 7 million votes with no political experience or education and no party allegiance. The thought is staggering politically. Mightn't such independence be a good thing? Well, if it were left to the jury to decide, they might decide so. But there would be no petticoat vote. Why, every office holder in the country would feel panicky. Just a moment, sir. You said if it were up to the jury. What do you mean by if? Oh, did I say that? Slip of the tongue. Of course. Excuse me. I must go back to court. All rise. This is the crucial moment for Susan B. Anthony. Her fate is up to the jury now. session. Gentlemen of the jury, here is what you are charged to consider. The defendant stands indicted under the act of Congress of 1870, which makes it an offense for any person to knowingly vote without having the right to vote. The defense insists that she has such a right and decited the 14th and 15th amendments to the Constitution of the United States. If the 15th amendment had contained the word sex, the argument of the defendant would hold. The word nowhere appears and so the argument falls. But your honor, your honor, I this evidence then there is no question for the jury and therefore it is directed to find a verdict of guilty. Your honor, your honor, respectfully, but most forcefully, I submit that a verdict of guilty is surely a matter for the jury to decide. Your honor's direction is one that no court has the power to make in a criminal case. Take the verdict, your honor, I insist. Dr. hearken to your verdict. You say you find the defendant guilty of the offense whereof she stands indicted, and so say you all. I ask the clerk to pull the jury. Denied. Gentlemen of the jury, you are discharged. We're waiting for Judge Hunt. Last night, he denied a defense motion for a new trial, and nothing remains now but the formality of sentencing. We did all that we could, Susan. All that we could. You did anyway, Henry. There's no more for me to do but to stand up and be sentenced. Odd, isn't it? I started out to free all women and I end up by making one more present. All rise. The court is now in session. The prisoner will stand. Has the prisoner anything to say why sentence should not be pronounced? Yes, your honor. I have many things to say. For your ordered verdict of guilty has trampled underfoot the vital principles of our government. You have degraded not only me but every member of my sex from the station of a citizen to that of a subject. The the court cannot listen to a rehearsal of arguments which the prisoner's council has already consumed three hours in presenting. Made please. Your honor, I am not arguing. I am simply supplying the statement your honor requested of me. Your denial of my citizens right to vote is the denial of my right of consent as one of the governed. The denial of my right of representation as one of the task. The denial of my right to a trial by a jury of my peers, my equals. Therefore, the denial of my sacred rights to life, liberty, property, and the court will not allow another word. But your honor will not deny me this one poor privilege of protest. May it please your honor to remember that since the day of my arrest, this is the first time that I have been allowed one word in defense in front of a judge or jury. Jury of my peers. The court must insist. The prisoner has been tried according to the established forms of law. Yes, your honor, but by forms of law, all made by men, executed by men, in favor of men, and against women. Only yesterday that same man-made law declared it a crime to give a cup of cold water or a crust of bread or a night shelter to a panting fugitive slave as he was tracking his way to Canada and every man or woman in whose veins coursed one drop of human sympathy violated that wicked law and was justified in so doing. The court [Music] The court will not allow another word. It orders the prisoner to sit down. When I was brought into this court before your honor, I had hope for justice. But failing even to get a jury not of my peers, I asked not for leniency from your hands, but rather for the full rigor of the law. The prisoner will stand up. The prisoner will rise. The sentence of this court is that you pay a fine of $100 and the cost of the prosecution. This is a surprise, this unexpected leniency. It suggests that the government fears making a martyr of Miss Anthony and hopes that if she accepts an easy penalty, she'll be confessing guilt. Made it please, your honor. But I shall never pay $1 of your unjust penalty. All the stock and trade that I possess is a $10,000 debt incurred in publishing my newspaper. The sole purpose of which was to educate all women to do precisely what I have done. rebel against the man-made, unjust, unconstitutional forms of law that tax, fine, imprison, and hang women while they deny them the right of representation in the government. And I shall earnestly and persistently continue to urge all women to the practical recognition of that old revolutionary maxim. Resistance to tyranny is obedience to God. [Music] Susan B. Anthony never paid the fine. She never went to jail. And she never got the vote. Not for herself anyway. But for the rest of her life, she and the women's rights movement she led. Continued the fight for equal suffrage by amending rather than reinterpreting the Constitution. Finally, in 1920, 14 years after her death, her courageous efforts paid off. The 19th amendment to the constitution gave the vote to the women of America. It was known then and still is as the Susan B. Anthony amendment. What sort of a day was it? A day like all days filled with those events which alter and illuminate our times. And you were there. Heat. Heat. [Music]