Margaret Sanger: an autobiography.Sanger, Margaret
History
Margaret Sanger: an autobiography.
Sanger, Margaret
Birth control -- United States -- Biography; Sanger, Margaret, 1879-1966
When the District Attorney had arrived, Mr. Untermyer’s whole voice
changed. He spoke sternly to the young man. “Why, Harold, what are you
trying to do—persecuting this little woman, so frail and so delicate,
the mother of a family? You don’t want to put her behind bars, do you?
She’s doing a noble work in the world and here you are behaving like
this! Are you representing the Government or are you merely prejudiced
in your own behalf?”
Mr. Content replied respectfully, “Well, Mr. Untermyer, we don’t want to
prosecute Mrs. Sanger, but we want her to promise to obey the law.”
“Has she broken the law?”
“We have positive proof that she has violated it on a very large scale.”
Mr. Untermyer immediately assured him, “Why, of course, she’ll promise
not to break any more laws. Is that all it is? You just quash that
indictment and forget about it.”
Mr. Content left. Mr. Untermyer turned to me genially and said, “Well,
you see? We’ve fixed that up.”
“What’s going to happen? The law will be the same, won’t it?”
“Why, yes.”
“What was that you said about a promise?”
“Oh, yes, write me a letter saying you won’t break the law again.”
“I couldn’t promise that, Mr. Untermyer.”
“What?”
“No, I couldn’t do that. The law is there. Something must happen to it.”
“The law may not be what it should be, but you’ll never get anywhere by
violating it. It must be changed by legal methods; gather all your
friends and go to Congress.”
Again I stated my position. The law specified obscenity, and I had done
nothing obscene. I even had the best of the Government as regarded the
precise charge. I had not given contraceptive information in the _Woman
Rebel_, and therefore had not violated the law either in spirit or
principle. But I had done so in circulating _Family Limitation_, and
that would inevitably be brought up. I really wanted this, so that birth
control would be defined once and for all as either obscene or not
obscene.
Mr. Untermyer took down one of his ponderous books and read over the
section in question. Again he said, “The evidence is that you have
violated the law. We don’t separate the spirit from the letter. It is
all there. It seems to me that pleading guilty would let you out of your
troubles without loss of dignity. You should consider yourself fortunate
at the suggested outcome. You can gain nothing by trial. You cannot even
get publicity in these days when the papers are crowded with war news
and the big events of history are happening.”
I still could not admit his interpretation. You had to differentiate
between the things mentioned in that law and actual obscenity; the
courts would some day have to decide on this.
“You have no case,” Mr. Untermyer persisted. “If you have broken the
law, there is nothing anyone can do or say to argue that fact away. We
must prevent your going to jail, however. I’ll see what I can do.”
Public-domain text, read in full here on John Shaqi.
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