Birth control laws : $b shall we keep them, change them, or abolish them — John Shaqi
Birth control laws : $b shall we keep them, change them, or abolish themDennett, Mary Ware
History
Birth control laws : $b shall we keep them, change them, or abolish them
Dennett, Mary Ware
Birth control; Birth control -- Law and legislation -- United States
On March first Representative Merriam of Locust Grove, New York,
moved to suspend the rules and “take from the Speaker’s table and
put upon its passage the bill (S. 1572).” Mr. Kerr of Indiana moved
its reference to the Judiciary Committee, saying, “Its provisions
are extremely important, and they ought not to be passed in such hot
haste.” Mr. Cox of New York inquired if debate was in order. The
Speaker ruled that it was not. Mr. Merriam moved to suspend the rules
and pass the bill. The necessary two-thirds vote to suspend the rules
were polled, and the bill was passed without a roll call.
_After the passage of the bill_, Mr. Merriam obtained leave to print
remarks on it in the Congressional Record.
Can any candid reader of the record of how this measure was presented
to Congress and passed by the members without debate, possibly assume
that the bill was aimed at the complete suppression of access to
scientific knowledge for normal use?
If that had been the aim of the bill, surely some of the members would
have been more insistent than they were upon discussing the provisions
of the bill. It is interesting in this connection to note how John S.
Sumner, Comstock’s successor, has attempted to refute the criticism
that the Comstock bill was passed in careless haste. In a letter which
he wrote to Senator Cummins on January 23, 1923, protesting against the
Senator’s bill to repeal the Comstock blunder, he gives as his first
proof that “this bill was thoroughly considered by some of the most
brilliant members of the Senate at that or any other time,” the opening
paragraph of Mr. Merriam’s “leave to print” remarks, and states that
it was “in the House of Representatives on March 1, 1873” that the
Congressman said them. We can give Mr. Sumner the benefit of the doubt
that he read the Congressional Record so carelessly that he did not
notice that the bill was passed before the Senate could possibly have
read Senator Merriam’s arguments urging its passage. But it is also
noteworthy that in this letter to Senator Cummins, he omits to state
the date (March first) on which the bill was passed. He simply says
that it was “subsequently passed by the Senate.” It is also significant
that Mr. Sumner puts the Merriam (unspoken) speech at the head of page
of excerpts he quotes from the Congressional Record, when as a matter
of fact it was the last occurrence in the Senate. It took place after
the bill was enacted, and was therefore no factor whatever in its
enactment.
For some years previous, excellent publications containing
contraceptive instructions of a dignified and scientific sort had been
increasingly circulated in the United States, notably the book by Dr.
Trall which was sold in such quantity in the sixties that it would rank
well as a “best seller” in present days. It would also still rank high
as authoritative teaching regarding the control of conception if it
could be published in full today.
Public-domain text, read in full here on John Shaqi.
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