On criminal abortion in AmericaStorer, Horatio Robinson
Philosophy
On criminal abortion in America
Storer, Horatio Robinson
Abortion -- United States
The frequency of arrests or trials for abortion afford, save indirectly,
no criterion of the actual frequency of the crime. Our laws on this
subject are at present so easily evaded, that officers of justice find
it useless to trouble themselves with its prosecution; it is indeed “non
poursuivie.” During the eight years from 1849 to 1858, no report for 1853
being rendered by the Attorney-General, there were 32 trials for abortion
in Massachusetts; and in these there was not a single conviction.[79]
An estimate that for every arrest for this crime, a thousand instances
of its commission escape the vigilance or at least the hand of the law,
would probably be within the truth. That such is the fact, is shown by
the statistics of France, where, from 1846 to 1850, out of 188 cases that
came to the knowledge of the police, for lack of decisive evidence, only
22 went to trial,[80] or about one-ninth of those legally investigated.
From 1826 to 1853, there were in France 183 trials for abortion. At the
above ratio this will give about 1700 cases judicially examined, a yearly
average throughout the empire of between 50 and 60. Comparing this fact
with the statistics of the Morgue already given, and with those of the
actual decrease of the rate of increase of the population in Paris and
in New York, and the increase of premature births, our statement of its
frequency will not seem exaggerated.
The number and success of professed abortionists is notorious. If
arrested, they are always ready with bribes or abundant bail. Hardly
a newspaper throughout the land that does not contain their open and
pointed advertisements, or a drug-store whose shelves are not crowded
with their nostrums, publicly and unblushingly displayed: the supply
of an article presupposes its demand. From these facts we may fairly
estimate the extent of their nefarious traffic.
That families are seldom now found of the size formerly common, is also
a matter of general remark. It were foolish to attempt to explain this
by supposing that the present is an age of more moderate desire, or less
unbridled lust; there is too much collateral proof against any such plea.
Nor is it reasonable to think that women are generally becoming less
productive of offspring than formerly, from any natural cause; or that
the mass of our population, whatever the exceptions, are already so far
advanced in knowledge, physiological or mechanical, or in practice, as
in most cases to be able to regulate impregnation at will. The number
of pregnancies must be nearly as abundant as ever; who can doubt what
becomes of the offspring? We deny, simply and decidedly, the statement
of some writers, that of every seven pregnancies, at least one always
_naturally_ terminates in abortion; this is uncorroborated by any
reliable evidence, and is without doubt untrue.
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