Margaret Sanger: an autobiography.Sanger, Margaret
History
Margaret Sanger: an autobiography.
Sanger, Margaret
Birth control -- United States -- Biography; Sanger, Margaret, 1879-1966
THE COURT: (to Mr. Goldstein) What is the use of beating around the
bush? You have communicated to me in my chambers the physical
condition of your client, and you told me that this woman would
respect the law. This law was not made by us. We are simply here to
judge the case. We harbor no feeling against Mrs. Sanger. We have
nothing to do with her beliefs, except in so far as she carries
those beliefs into practice and violates the law. But in view of
your statement that you intend to prosecute this appeal and make a
test case out of this and in view of the fact that we are to regard
her as a first offender, surely we want to temper justice with mercy
and that’s all we are trying to do. And we ask her, openly and above
board, “Will you publicly declare that you will respect the law and
not violate it?” and then we get an answer with a qualification.
Now, what can the prisoner at the bar for sentence expect? I don’t
know that a prisoner under such circumstances is entitled to very
much consideration after all.
THE COURT: (to the Defendant) We don’t want you to do impossible
things, Mrs. Sanger, only the reasonable thing and that is to comply
with this law as long as it remains the law. It is the law for you,
it is the law for me, it is the law for all of us until it is
changed; and you know what means and avenues are open to you to have
it changed, and they are lawful ways. You may prosecute these
methods, and no one can find fault with you. If you succeed in
changing the law, well and good. If you fail, then you have to bow
in submission to the majority rule.
THE DEFENDANT: It is just the chance, the opportunity to test it.
THE COURT: Very good. You have had your day in court; you advocated
a cause, you were brought to the bar, you wanted to be tried here,
you were judged, you didn’t go on the stand and commit perjury in
any sense, you took the facts and accepted them as true, and you are
ready for judgment, even the worst. Now, we are prepared, however,
under all the circumstances of this case, to be extremely lenient
with you if you will tell us that you will respect this law and not
violate it again.
THE DEFENDANT: I have given you my answer.
THE COURT: We don’t want any qualifications. We are not concerned
with the appeal.
MR. GOLDSTEIN: Just one other statement, your Honor, one final
statement on my part. Your Honor did well say that you didn’t want
anything unreasonable. With all due deference to your Honor, to ask
a person what her frame of mind will be with so many exigencies in
future, that is, if the commission did nothing or the Legislature
did nothing—
THE COURT: All we are concerned about is this statute, and as long
as it remains the law will this woman promise here and now
unqualifiedly to respect it and obey it? Now, it is yes or no. What
is your answer, Mrs. Sanger? Is it yes or no?
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