On criminal abortion in AmericaStorer, Horatio Robinson
Philosophy
On criminal abortion in America
Storer, Horatio Robinson
Abortion -- United States
We turn now to public opinion. It, too, both in theory and in practice,
fails to recognize the crime. Its practical denial of the true character
of the offence will be shown in the course of our remarks on its
frequency. Its theoretical denial we here consider, as proved in three
ways—by implication, by collateral testimony, and by direct.
First, the maxims of the law are based on past or present public opinion.
If merely on past, and this has totally changed, the law in matters of
such importance is compelled to change also. The fact that the laws on
this subject remain unaltered, if it be granted, as will be proved, that
they are erroneous, furnishes us at the outset, and so far, with evidence
that public opinion was formerly wrong, and that it so continues.
The frequency of the offence, and the character and standing of the
mothers upon whose persons it is practised, accessories as we have seen,
or principals, to it, furnish similar and more cogent testimony regarding
the theory upon which it is founded. We shall soon perceive how extensive
and high reaching is the frequency; we must therefore conclude that the
public do not know, or knowing deny, the criminal character of the action
performed.
Again, the direct testimony of the parties themselves is often available.
It is undoubtedly a common experience, as has certainly been that of the
writer, for a physician to be assured by his patients, often no doubt
falsely, but frequently with sincerity, that their abortions have been
induced in utter ignorance of the commission of wrong; in belief that
the contents of the womb, so long as manifesting no perceptible sign of
life, were but lifeless and inert matter; in other words, that being,
previously to quickening, a mere ovarian excretion, they might be thrown
off and expelled from the system as coolly and as guiltlessly as those
from the bladder and rectum.
It having now been shown, directly and by temporary assumption, that the
law and public sentiment, both by its theory and its practice, alike deny
to unjustifiable abortion the imputation of crime, it remains for us to
discuss this question abstractly, and to prove not merely that they are
wrong, but that the offence is one of the deepest guilt, a crime SECOND
TO NONE.
Ignorance of the law is held no excuse. The plea of ignorance of guilt
could hardly better avail where its existence is implied by common sense,
by analogy, and by all natural instinct, binding even on brutes. Were
this guilt, however, clearly shown, and its knowledge, supposed wanting,
to be spread broadcast by the press, the all-powerful arbiter of public
opinion, the last and strongest prop of the crime were gone.
Public-domain text, read in full here on John Shaqi.
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