The Project Gutenberg eBook of On criminal abortion in America, by Horatio R. Storer This eBook is for the use of anyone anywhere in the United States and most other parts of the world at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.org. If you are not located in the United States, you will have to check the laws of the country where you are located before using this eBook. Title: On criminal abortion in America Author: Horatio R. Storer Release Date: May 03, 2021 [eBook #65244] Language: English Character set encoding: UTF-8 Produced by: Brian Wilson and the Online Distributed Proofreading Team at https://www.pgdp.net (This file was produced from images generously made available by The Internet Archive/American Libraries.) *** START OF THE PROJECT GUTENBERG EBOOK ON CRIMINAL ABORTION IN AMERICA *** ON CRIMINAL ABORTION IN AMERICA. BY HORATIO R. STORER, M.D., OF BOSTON. MEMBER OF THE AMERICAN MEDICAL ASSOCIATION. “And let the legislator and moralist look to it; for as sure as there is in any nation a hidden tampering with infant life, whether frequent or occasional, systematic or accidental, so sure will the chastisement of the Almighty fall on such a nation.”—Granville, on Sudden Death. [From the North American Medico-Chirurgical Review, January to November, 1859.] PHILADELPHIA: J. B. LIPPINCOTT & CO. 1860. TO THOSE WHOM IT MAY CONCERN, PHYSICIAN, ATTORNEY, JUROR, JUDGE,—AND PARENT,— These Pages [1] [2] [3] ARE RESPECTFULLY INSCRIBED. [4] CONTRIBUTIONS TO OBSTETRIC JURISPRUDENCE. NO. I. CRIMINAL ABORTION. By the Common Law and by many of our State Codes, fœtal life, per se, is almost wholly ignored and its destruction unpunished; abortion in every case being considered an offence mainly against the mother, and as such, unless fatal to her, a mere misdemeanor, or wholly disregarded. By the Moral Law, the wilful killing of a human being at any stage of its existence is Murder. In undertaking the discussion at length of this subject, three preliminary facts must be assumed:— First.—That if abortion be ever a crime, it is, of necessity, even in isolated cases, one of no small interest to moralist, jurist, and physician; and that when general and common, this interest is extended to the whole community and fearfully enhanced. Secondly.—That if the latter assumption be true, both in premise and conclusion, neglected as the crime has been by most ethical writers and political economists, hastily passed over by medical jurists,[1] and confessedly everywhere the great opprobrium of the law, often indeed by taunt that of medicine, either it cannot in the nature of things be suppressed, as by these facts implied, or its suppression has not been properly attempted. Discarding the former of these alternatives as alike unworthy of belief and proved false by facts hereafter to be shown, it will appear, Thirdly.—That the discussion now broached is neither supererogatory nor out of place; further, that it is absolutely and necessarily demanded. Moreover, in order that the importance and various bearings of the subject may be better appreciated, and that the writer’s position and aims may be more fairly understood, it must be borne in mind that there exist to this discussion certain positive and apparent objections, which have, in a measure, given rise to much of the silence and omission alluded to above, and are, in the main, as follows:— 1. The natural dislike of any physician to enter upon a subject on some points of which it is probable that a portion of the profession is at variance with him, either from disbelief in the alleged increase of criminal abortion, unnoticed for reasons shown hereafter, or from a blind reliance on Providence of itself to abate the evil. 2. His fear, lest by any possible chance, by showing the frequency of the crime and its means, he may unhappily cause its still further increase. 3. The reluctance on the part of many of the profession to attack a powerful and acknowledged moneyed interest; 4. And to tell their patients, more commonly than is yet general, most unwelcome truth; thus not merely condemning, but, to their own consciences at least, criminating them; 5. And individually to risk losing practice, if thought more scrupulous than others; 6. And to be brought into more frequent contact with the law, even though for ends of justice; 7. And to exercise greater care and discretion in diagnosis and treatment, lest themselves be brought to answer for malpractice, or worse; 8. And publicly to discuss matters supposed to be generally unknown, and thus seem to throw open professional secrets to the world. And, finally, grave doubts lest the statements made, though simple and true, should yet appear so astounding as to shock belief, or so degrading as to tend to lessen all faith in natural affection and general morality. But these objections, so far at least as regards the profession, are undoubtedly but of limited existence; and, on the other hand, as more than counterbalancing them all, are the following arguments:— That medical men are the physical guardians of women and their offspring; from their position and peculiar knowledge necessitated in all obstetric matters to regulate public sentiment and to govern the tribunals of justice. That the discussion by them of this crime may very probably be the means, in great measure, of ultimately restraining or suppressing its perpetration. That such will undoubtedly tend to save much health to the community and many human lives. And, that, were there no other reason, it is clearly a duty. I shall accordingly proceed to prove, so far as possible, the truth of every premise as yet stated, and to show the real nature and frequency of the crime: its causes; its victims; its perpetrators and its innocent abettors; its means and its proofs; its excuses, the deficiencies and errors of existing laws, and the various other obstacles to conviction; and, above all, so far as the present series of papers is concerned, the duty of the profession toward its general suppression. [5] [6] [7] I. IS ABORTION EVER A CRIME? That this could have been doubted, least of all by mothers, however ignorant or degraded, would at first sight appear improbable. The sense of the public, however, its practice, its laws, being each proved to the contrary by the stubborn evidence of facts, the necessity of our preliminary inquiry will be made manifest. To postpone, for the present, all other considerations, we will regard abortion in the abstract. It may be defined, best perhaps, as the violent and premature expulsion of the product of conception, independently of its age, viability, and normal formation. These characteristics are eliminated as having judicially and actually nothing to do with the essential nature of abortion, whereas in infanticide they are each elements of great importance; a difference that will hereafter be seen. We further, in the present investigation, set aside all cases where abortion is the result of accident, or from natural causes, or justified by the rules of medicine, whether to save the mother or her child. We shall have occasion, in the subsequent course of our inquiries, to discuss this latter question somewhat fully, and to set forth unpleasant truths. We now confine ourselves exclusively to those instances where the attempt at premature expulsion of the product of conception is artificially induced and intentional, and where, so far as can be judged, it is not necessitated and would not otherwise have occurred. In the first place, the laws do not recognize that unnecessary abortion, per se, is a crime. This act, when unnecessarily done, must be for one of two reasons: either to prevent the product of conception from receiving life, which subsequent evidence will show cannot be the case, or, if living, to destroy it. We have said that the Common Law and many of our American statutes lose sight of this fundamental idea. Though based upon the first of the above alternatives,—the erroneous one, as regards the fact of their existence,—they are so worded as almost wholly to ignore fœtal life, to refuse it protection, to insure their own evasion, and by their inherent contradictions to extend the very crime they were framed to prevent. They recognize, for the most part, no offence against the fœtus; we have just shown that such, and such alone, is always intended. They punish an attempt, which does not exist, upon the well-being or life of the mother; the intent being seldom or never to destroy the mother. She is herself, in almost every case, a party to the action performed; an accessory or the principal. To constitute a crime, a malicious or wicked intent is supposed to exist; we have thrown aside, as does the law, every case occurring from accident or from justifiable cause. The intent, if existing, as of course must be always the case, is against, and only against, the product of conception. Again, the punishment meted by the law proves the truth of these propositions. Unless the woman die in consequence of the offence, it is declared, in every stage of pregnancy, a mere misdemeanor, as in Massachusetts; or else, while called such, or by omission justified or openly allowed in the early months when the fœtus is without other safeguard, the law pronounces abortion a felony and increases its penalties in more advanced pregnancy, after quickening has rendered it infinitely more certain that the fœtus will remain undisturbed, and has thus in the great majority of cases prevented the crime. On the other hand, granting for the moment that the erroneous assumptions of the law were correct, and that the attempt were upon the life of the mother, how inconsistent to punish murder, attempted or committed, if by injury to the throat or heart, capitally, and if by injury to the womb, by temporary imprisonment; especially where this latter case always necessitates the slaughter of a second human victim. Or, granting that the attempt were only upon the mother’s health or temporary welfare, how absurd to punish the offence in early pregnancy, where her risks are greatest, by a trifling penalty or not at all, and in more advanced pregnancy, where these risks are daily lessened, with increased severity. And, finally, if the fœtus were, as has been sometimes supposed, merely pars viscerum matris, its removal would be like that of a limb, or of any other portion of the body, whose loss is not absolutely attended with that of life; if made with the mother’s consent, it would be unpunishable by law; if against her will, it would be already amenable, like other maim or mutilation, to existing statutes. In the one case, laws against abortion were needless; in the other, unjustifiable. In a word, then, in the sight of the common law, and, in most cases of the statutory law, also, the crime of abortion, properly considered, does not exist; the law discussing and punishing a wholly supposititious offence, which not only does not exist, but the very idea of whose existence is simply absurd. 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 [8] [9] 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. It has been shown, by setting aside all accidental cases, those naturally occurring and those necessarily, and in the absence of reasonable evidence to the contrary, that all other abortions must be intentional, that they must be occasioned by the “malice aforethought” of the law. It has also been shown that in these cases, except it exist as an additional element, the malicious intention is not against the life or person of the mother, but that in every instance it is against the product of her womb. Hence, the whole question of the criminality of the offence turns on this one fact, the real nature of the fœtus in utero. If the fœtus be a lifeless excretion, however soon it might have received life, the offence is comparatively as nothing; if the fœtus be already, and from the very outset, a human being, alive, however early its stage of development, and existing independently of its mother, though drawing its sustenance from her, the offence becomes, in every stage of pregnancy, murder. “Every act of procuring abortion,” rules Judge King, of Philadelphia,[2] contrary to the usual interpretation of the law, “is murder, whether the person perpetrating such act intended to kill the woman, or merely feloniously to destroy the fruit of her womb.” Common sense, we have said, would lead us to the conclusion that the fœtus is from the very outset a living and distinct being. It is alike absurd to suppose identity of bodies and independence of life, or independence of bodies and identity of life; the mother and the child within her, in abstract existence, must be entirely identical from conception to birth, or entirely distinct. Allowing, then, as must be done, that the ovum does not originate in the uterus; that for a time, however slight, during its passage through the Fallopian tube, its connection with the mother is wholly broken; that its subsequent history is one merely of development, its attachment merely for nutrition and shelter, it is not rational to suppose that its total independence, thus once established, becomes again merged into total identity, however temporary; or that life, depending not on nine months’ growth, nor on birth, because confessedly existing long before the latter period,—since quickening at least, a time varying within wide limits,—dates from any other epoch than conception; while it is as irrational to think that the influence of the father, mental and moral as well as physical, so often and so plainly manifested, can be exercised by any possibility upon the child at any other moment than that original and only one of impregnation itself. Another argument is furnished us, similar, but differing. The fœtus, previous to quickening, as after it, must exist in one of two states, either death or life. The former cannot take place, nor can it ever exist, except as a finality. If its signs do not at once manifest themselves, as is generally the case, and the fœtus be retained in utero, it must either become mummified or disintegrated; it can never again become vivified. If, therefore, death has not taken place, and we can conceive no other state of the fœtus save one, that, namely life, must exist from the beginning. These reasonings are strengthened by the evidence of analogy. The utter loss of direct influence by the female bird upon its offspring from the time the egg has left her, and the marked effect, originally, of the male; the independence in body, in movement, and in life, of young marsupial mammals, almost from the very moment of their conception, identical analogically with the intra-uterine state of other embryos,—nourishment by teat merely replacing that by placenta at an earlier period; the same in birds, shown by movements in their egg on cold immersion before the end of incubation; the permanence of low vitality, or of impaired or distorted nervous force, arising from early arrest or error of development, and necessarily contemporaneous with it, are all instances in point. Brute instincts are often thought wholly supplanted by human reason. That this is not so is proved by what obtains in the absence of reason, whether from the outset or subsequently occurring. Idiots and lunatics alike show the actual identity in this respect of man and the brute, however instinct, in the former, may normally be tempered by conscience and reason. Whatever ideas on the subject of abortion the human mind may have forced itself to entertain, let the slightest proof concerning the existence of fœtal life be alleged, and maternal instinct at once makes itself known: the parent, as after its birth, would often even perish to preserve her child. This is not conscience, which is stirred only by an afterthought, but instinct. Thus far, incidental proof concerning the commencement of fœtal life, and so the guilt of unjustifiable abortion. More decisive evidence is at hand. [10] [11] That the movements of the fœtus, subsequent to quickening, whatever the actual nature of that first sensation may be, declare the existence of intra-uterine life, is allowed by the world; by none more than by mothers themselves, whose statistics prove that after the perception of these movements criminal abortions are comparatively rare. But quickening,—a period usually occurring from the one hundred and fifteenth to the one hundred and thirtieth day after conception, but varying within still more appreciable limits in different women, and in the same women in different pregnancies, from variations in the amount of liquor amnii, the early strength of the fœtus, and other causes, and also, if at all, owing in its first sensation to rising of the womb from the pelvis, probably occurring a little earlier with boys than with girls, from their relative difference in size,[3]—is often absent, even throughout pregnancy; and fœtal movements are sometimes appreciable to the attendant when not to the mother, or indeed to the mother alone. Further, in premature births, where quickening has not occurred, or before its usual period, by the movements of the fœtus, its earlier independent and vital existence is sometimes reduced to a matter of ocular demonstration; while to the ear, in very many instances, as early and as conclusive evidence is afforded by the sounds these movements give rise to.[4] Quickening is therefore as unlikely a period for the commencement of fœtal life as those others set by Hippocrates and his successors, varying from the third day after conception, to that of the Stoics, namely birth, and as false as them all. We need not, with Dubois[5] and some earlier writers,[6] from the manifest relation of means to the end, consider that the movements of the fœtus in utero, and its consequent attitude and position, are signs of an already developed and decided sentience and will, nor is it requisite to suppose them the effect of an almost rational instinct. But that they are wholly independent of the will and the consciousness of the mother, and yet by no means characteristic of organic life, whether hers or its own,—which latter is also by abundant evidence proved independently to exist,—but decidedly animal in their character; that they are not explainable by gravity, despite all the arguments alleged, latest by Matthews Duncan,[7] nor on any other supposition save that of a special and independent excito-motory system, distinct from that of the mother,[8] brings us directly down to this—the existence of as distinct and independent a nervous centre, self- existing, self-acting, living. We set aside all the speculations of metaphysicians regarding moral accountability of the fœtus, the “potential man,” and its “inanimate vitalities,” as useless as they are bewildering. If there be life, then also the existence, however undeveloped, of an intellectual, moral, and spiritual nature, the inalienable attribute of humanity, is implied. If we have proved the existence of fœtal life before quickening has taken place or can take place, and by all analogy and a close and conclusive process of induction, its commencement at the very beginning, at conception itself, we are compelled to believe unjustifiable abortion always a crime. And now words fail. Of the mother, by consent or by her own hand, imbrued with her infant’s blood; of the equally guilty father, who counsels or allows the crime; of the wretches who by their wholesale murders far out-Herod Burke and Hare; of the public sentiment which palliates, pardons, and would even praise this so common violation of all law, human and divine, of all instinct, of all reason, all pity, all mercy, all love, we leave those to speak who can. We have next to prove— [12] [13] II. ITS FREQUENCY, AND THE CAUSES THEREOF. Though we cannot at once, and in exact figures, show the yearly amount of criminal abortion in this country, statistics on the subject being necessarily imperfect or wanting, we may yet arrive at an approximate result. This is done by an easy and reliable process of induction, the several factors of which, each of itself rendering probable the conclusion, tend, when combined, to make it almost absolutely certain. We are to consider, in this connection, the evidence afforded by— I. — The comparative increase of population. II. — The published records of still-births. III. — The number of arrests, or trials for abortion. IV. — The published number of immediate maternal deaths. V. — The pecuniary success of abortionists, and abortion-producing nostrums. VI. — The comparative size of families in present and past times. VII. — The experience of physicians—direct from applications for abortion and actual cases, and indirect from their results. Several of these points are as yet almost wholly uninvestigated. They are stated, therefore, with care, as bearing decidedly on the question at issue, and as tending to provoke still further research. To go into an elaborate comparison of our national and state censuses with themselves, past and present, with each other, and with those of similar communities abroad, involving, as it would do, intricate calculations regarding the effect of emigration from state to state, and from nation to nation, the increase of urban population, and the frequent decrease of rural, is not our present intention, nor is it necessary. By considering this point in connection with that immediately succeeding it, with which it is intimately related, its bearing and importance will at once be seen. Statistics in this country are as yet so imperfect, that we are necessitated to a process of deduction. If it can be shown that a state of things prevails elsewhere to a certain extent, explainable only on one supposition, and that the same state of things prevails in this country to a greater extent, all other causes, save the one referred to, being in great measure absent, little doubt can be entertained of the part this plays; but if it can, in addition, be proved that this cause must necessarily be stronger with us than elsewhere, then its existence becomes morally certain. Accordingly, if we find that in another country living births are steadily lessening in proportion alike to the population and to its increase, that natural or preventive causes are insufficient to account for this, while the proportion of still-births and of known abortions is constantly increasing, and these last bear an evident yet increasing ratio to the still-births; that in this country the decrease of living births, and the increase of still-births, are in much greater ratio to the population, and the proportion of premature births is also increasing; that these relations are constant and yearly more marked, we are justified in supposing that abortions are at least as frequent with us, and probably more so. In many countries of Europe, it has been ascertained that the “fecundity” of the population, or the rate of its annual increase, is rapidly diminishing.[9] In Sweden, it has lessened by one-ninth in 61 years. In Prussia, by a third in 132 years. In Denmark, by a quarter in 82 years. In England, by two-sevenths in a century. In Russia, by an eighth in 28 years. In Spain, by a sixth in 30 years. In Germany, by a thirteenth in 17 years. In France, by a third in 71 years.[10] Or, in other words: In Sweden it has lessened by a fifth; in Prussia, by a fourth; in Denmark and England, by a third; and in Russia, Spain, Germany, and France by a half, in a single century. For the sake of convenience, larger bodies of statistics existing concerning it, and from the fact that it represents the extreme of the alleged decrease, we take France for our comparisons. In France at large, according to the official returns as analyzed by Legoyt, the increase of the population which, from 1801 to 1806, was at the rate of 1.28 per cent. annually, from 1806 to 1846 had fallen to about .5 per cent.[11] The exact ratio of decrease after this point is better shown by the figures themselves. The increase from 1841 to 1846 was 1,200,000; from 1846 to 1851, 380,000; from 1851 to 1856, 256,000. In England, during this latter period, with a population of but one-half the size, the returns of the Registrar-General show a relative increase nine times greater.[12] In thirty-seven years, from 1817 to 1854, the mean annual increase in France was not more than 155,929, yet in five years, from 1846 to 1851, it had fallen to 76,000 yearly, and from 1851 to 1856, to 51,200, and this with a population ranging from twenty-nine to thirty-four millions. A comparison of these facts, with those obtaining in other European States, will make the above still more evident. We now quote from Rau.[13] Rate of Increase. Per Cent. Hungary, according to Rohrer 2.40 [14] [15] England, from 1811 to 1821 1.78 ” from 1821 to 1831 1.60 Prussia, from 1816 to 1827 1.54 ” from 1820 to 1830 1.37 ” from 1821 to 1831 1.27 Austria, (Rohrer) 1.30 Scotland, from 1821 to 1831 1.30 Netherlands, from 1821 to 1828 1.28 Saxony, from 1815 to 1830 1.15 Baden (Heunisch,) from 1820 to 1830 1.13 Bavaria, from 1814 to 1828 1.08 Naples, from 1814 to 1824 0.83 France (Mathieu,) from 1817 to 1827 0.63 France, more recently, (De Jonnés) 0.55 A similar and corroborative table, containing additional matter, is given by Quetelet;[14] its differences from the preceding are owing to its representing a series of different years. Rate of Increase. Per Cent. Ireland 2.45 Hungary 2.40 Spain 1.66 England 1.65 Rhenish Prussia 1.33 Austria 1.30 Bavaria 1.08 Netherlands 0.94 Naples 0.83 France 0.63 And more recently, Legoyt brings up these results to the close of 1846.[15] As shown by the census, the rate of increase was, in Per Cent. Great Britain, exclusive of Ireland 1.95 Prussia 1.84 Saxony 1.45 Norway 1.36 Sardinia 1.08 Holland 0.90 Austria 0.85 Sweden 0.83 France 0.68 Or, as shown by the annual excess of births over deaths, and therefore more reliable— Per Cent. Norway 1.30 Prussia 1.18 Sweden 1.14 Holland 1.03 Wurtemberg 1.00 Great Britain, exclusive of Ireland 1.00 Denmark 0.95 Austria 0.90 Saxony 0.90 Hanover 0.85 Belgium 0.76 Bavaria 0.71 Russia 0.61 [16] France 0.50 In four departments of France, among which are two of the most thriving of Normandy, the deaths actually exceed the births.[16] From the above facts, it would naturally be supposed that the percentage of births to the whole population must be smaller than in other European countries, and from the lessened annual rate of increase of the population, that the proportionate number of births must be decreasing in similar ratio. This is found, indeed, to be the case. From large statistics furnished by De Jonnés, we have compiled the following table of the comparative ratios of births to the population in the principal countries of Europe:— Ratio. Venice and Dependencies, 1827 1 to 23 Tuscany, 1834 ” Lombardy, 1828 1 to 24 Russia, 1835 1 to 25 Wurtemberg, 1821 to 1827 ” Prussia, 1836 ” Mecklenburg, 1826 1 to 26 Sardinia, 1820 ” Naples and Dependencies, 1830 ” Greece, 1828 ” Poland, 1830 1 to 27 Ireland, 1821 to 1831 ” Germany, 1828 ” Switzerland, 1828 ” Spain, 1826 ” Portugal, 1815 to 1819 1 to 27.5 Sweden, 1825 1 to 28 Holland, 1832 ” Austria, 1829 ” Belgium, 1836 ” Bavaria, 1825 ” Two Sicilies, 1831 ” Sweden and Norway, 1828 1 to 30 Denmark, 1833 ” Roman States, 1836 ” Turkey, 1835 ” Hanover, 1835 1 to 31 Sicily, 1832 ” Austria, 1828 to 1830 1 to 32 Great Britain, 1821 to 1831 ” Scotland, 1821 to 1831 1 to 34 England, 1821 to 1831 1 to 35 Norway, 1832 ” France, 1771 to 1851 1 to 25 to 1 to 37 In a total population, at different periods, of 232,673,000, there were 8,733,000 births; whence an average on the grand scale of one birth to every 26.6 individuals. In France, however, the ratio has been steadily lessening, as seen by the following table:— Ratio of births. 1771 to 1775 1 to 25 1801 to 1810 1 to 30 1811 to 1825 1 to 32 1826 to 1836 1 to 33 1836 to 1840 1 to 34 1841 to 1845 1 to 35 1846 to 1850 1 to 37 The position of France, as compared with the rest of Europe, in respect to the ratio of births to the population at [17] different periods, is made still more manifest by another table:— Annual ratio of births. 1 to 23 Venetian Provinces, 1827; Tuscany, 1834. 1 to 23.5 Kingdom of Naples, 1822 to 1824. 1 to 24 Tuscany, 1818; Sicily, 1824; Lombardy, 1827 to 1828; Russia, 1831. 1 to 24.5 Prussia, 1825 to 1826. 1 to 25 France, 1781; Austria, 1827; Russia, 1835; Prussia, 1836. 1 to 26 Sardinia, 1820; Hanover, Wurtemberg and Mecklenburg, 1826; Greece, 1828; Naples, 1830. 1 to 27 Spain, 1826; Germany and Switzerland, 1828; Poland, 1830; Ireland, 1831. 1 to 27.5 Portugal, 1815 to 1819. 1 to 28 Holland, 1813 to 1824; Bavaria and Sweden, 1825; Austria, 1829; Belgium, 1836. 1 to 29 Canton Lucerne, 1810; Holland, 1832. 1 to 29.8 France, 1801. 1 to 30 Sweden and Norway, 1828; Belgium, 1832; Denmark, 1833; Turkey, 1835; States of the Church, 1836. 1 to 31 Sicily, 1832; Hanover, 1835. 1 to 31.4 France, 1811. 1 to 31.6 France, 1821. 1 to 32 Austria, 1830; Great Britain and Switzerland, 1831. 1 to 33 France, 1828 to 1831. 1 to 34 Norway and Holstein, 1826; Scotland, 1831; France, 1834 to 1841. 1 to 35 Denmark, 1810; England, 1831; Norway, 1832. 1 to 37 France, 1851. In Paris, strange to say, the decrease in the ratio of births to the population, though decided and steady, has not, in actual proportion, been as great as in the empire at large, showing that the cause, whatever we find it to be, is not one depending on the influence of a metropolis alone for its existence. From 1817 to 1831 there averaged, in Paris, one birth to 26.87 inhabitants; but from 1846 to 1851, one to 31.98.[17] Again, as might have been expected, we find that the proportion of still-births, in which we must include abortions, as has hitherto been done, however improperly, in all extensive statistics, is enormous, and is steadily increasing. To show this the more plainly, we first present a table of the ratio of still-births to the living births in the various countries of Europe.[18] Geneva,[19] 1824 to 1833 1 to 17 Berlin Hospitals, 1758 to 1774 1 to 18 Paris Maternité,[20] 1816 to 1835 1 to 20 Sweden, 1821 to 1825 1 to 23.5 Denmark, 1825 to 1834 1 to 24 Belgium,[21] 1841 to 1843 1 to 24.2 Prussia,[22] 1820 to 1834 1 to 29 Iceland, 1817 to 1828 1 to 30 Prague, 1820 1 to 30 London Hospitals, 1749 to 1781 1 to 31 Vienna, 1823 1 to 32 Austria, 1828 1 to 49 France at large, 1853 1 to 24 Department of Seine 1 to 15 Paris,[23] 1836 to 1844 1 to 14.3 ” 1845 to 1853[24] 1 to 13.8 The proportion of still-births in the rural districts of France is governed by the same laws as in the metropolis. In 363 provincial towns the ratio was, from 1836 to 1845 1 to 19.55 1846 to 1850 1 to 18.8 While districts more thinly populated gave, from [18] [19] 1841 to 1845 1 to 29 1846 to 1850 1 to 27[25] In Belgium, during a similar period, the ratio was much the same.[26] 1841 to 1843, in towns 1 to 16.1 1841 to 1843, in country 1 to 29.4 The apparent discrepancy between city and country, noticed as equally obtaining in Belgium and France, is chiefly owing to greater negligence of the country officials in registering the still-births, and to the fact, as we have seen in Paris, that the ratio of births to the population is greater in the city than in the country at large. Finally, while the proportion of still-births to the whole number is greatly increasing in Paris, so is the number of known abortions. We omit, for the present, the evidence afforded by arrests and trials, which we might here have turned to account. At the Morgue, which represents but a very small fraction of the fœtal mortality of Paris, and in this matter almost only crime, there were deposited during the eighteen years preceding 1855, a total of 1115 fœtuses,[27] of which 423 were at the full term, and 692 were less than nine months; and of these last, 519, or five-sixths, were not over six months, a large proportion of them showing decided marks of criminal abortion. Again, of the 692 fœtuses of less than nine months, deposited at the Morgue during these eighteen years, 295 were between 1836 to 1845, an average, at that time, of 32.7 yearly; and from 1846 to 1855 there were 397, an average of 44.1. During the means of these periods the births in France were as follows[28]:—In 1841, 1,005,203, and in 1851, 1,037,040, from which it is evident that there was deposited at the Morgue, in 1841, one infant, dead from abortion, to every 30,700 births; and in 1851, one to every 23,500. The increased ratio is seen to be striking; it will hereafter become apparent that the increase is far greater in reality. We turn now to our own country, to which the City of New York holds much the same relation, as respects public opinion no less than in other matters, that Paris holds to France. Since 1805, when returns were first made to the Registry of New York, the number, proportionate as well as actual, of fœtal deaths, has steadily and rapidly increased. With a population at that time (1805) of 76,770, the number of still and premature births was 47; in 1849, with a population estimated at 450,000, the number had swelled to 1320.[29] Thus, while the population had increased only six times since 1805, the annual number of still and premature births had multiplied over twenty-seven times. The following table shows the rapidity of this increase:—The ratio of fœtal deaths to the population, was in 1805 1 to 1633.40 1810 1 to 1025.24 1815 1 to 986.46 1820 1 to 654.52 1825 1 to 680.68 1830 1 to 597.60 1835 1 to 569.88 1840 1 to 516.02 1845 1 to 384.68 1849 1 to 340.90 In the three years preceding 1849, there were registered in New York 400 premature births, and 3139 children still- born; a total of 3539, representing at that time a yearly average of some 1200 fœtal deaths. While it will be shown hereafter that a large proportion of the reported premature births must always be from criminal causes, and that though almost all the still-births at the full time, even from infanticide, are necessarily registered, but a small proportion of the abortions and miscarriages occurring are ever reported to the proper authorities, it will immediately be made apparent that at the present moment the abortion statistics of New York are far above those of 1849. In the three years preceding 1857, there were registered in New York 1196 premature, and 4735 still-births,[30] a total of 5931, representing a yearly average of some 2000 fœtal deaths; showing that in the short space of seven years, the number of fœtal deaths in New York, already enormous, had very nearly doubled. Again, in 1856, the total number of births at the full time in New York, was 17,755; of these, 16,199 were living;[31] proving that of children at the full time alone, setting aside the great number of viable children born prematurely, and the innumerable earlier abortions not recorded, one in every 11.4 is born dead. From foreign statistics on a large scale, it is found that the proportion of still-births, even allowing a wide margin for criminal causes, does not, in those countries, drop below 1 in 15, and this in France, ranging from that number up to 1 in 30 or 40 of the whole number of births reported. We have already given a table upon this point. [20] In Geneva, out of 10,925 births occurring from 1824 to 1833, 1221 of them being illegitimate, and therefore to be supposed liable to a large percentage of deaths from criminal causes, there were only 646 fœtal deaths; a proportion of 1 in 17. In Belgium there were 29,574 illegitimate births from 1841 to 1843, and of these, 1766 were born still;[32] 1 in 16.8. In New York, from 1854 to 1857, there were 48,323 births, and 5931 still-births, at the full time and prematurely; or in other words, 1 to every 8.1 was born dead. The ratio of still-births in New York, including, as we have seen, abortions, is steadily increasing, as seen by the following table,[33] in which we have compared the still-births, supposable perhaps of accidental value, with the general mortality, whose value is at least as accidental, if not more so. The evidence, like that already furnished, is astounding. Total mortality. Still-births. Ratio. 1804 to 1809 13,128 349 1 to 37.6 1809 to 1815 14,011 533 1 to 26.3 1815 to 1825 34,798 1,818 1 to 19.1 1825 to 1835 59,347 3,744 1 to 15.8 1835 to 1855 289,786 21,702 1 to 13.3 1856[34] 21,658 1,943 1 to 11.1 The frequency of abortions and premature births reported from the practice of physicians, and thus to a certain extent, but not entirely, likely to be of natural or accidental origin, is as follows:— In 41,699 cases registered by Collins, Beatty, La Chapelle, Churchill, and others,[35] there were 530 abortions and miscarriages. Here all the abortions were known; their proportion was 1 in 78.5. In New York, from 1854 to 1857, there were 48,323 births at the full time reported, and 1196 premature. Here all the abortions were not known, probably but a very small fraction of them; the proportion was 1 in 40.4. Finally, we compare the recorded premature still-births of New York, with those still at the full time. In the seventeen years from 1838 to 1855,[36] there were reported 17,237 still-births at the full time, and 2710 still prematurely; the last bearing the proportion of 1 to 6.3. In the nine years, from 1838 to 1847, omitting 1842 for reasons stated below, there were 632 premature still-births, and 6445 still at the full time; a yearly average of 1 in 10.2. In the eight years, from 1848 to 1855, there were 2078 premature still-births, and 10,792 still at the full time; an average of 1 in 5. While in 1856 there were 387 still prematurely, and 1556 at the full time; or 1 in 4.02. From these figures there can be drawn but one conclusion, that criminal abortion prevails to an enormous extent in New York, and that it is steadily and rapidly increasing. “We cannot refer,” was well said by a former inspector of that city,[37] “such a hecatomb of human offspring to natural causes.” We shall now endeavor to prove this point by other reasoning. That our deductions concerning the population and births of France are perfectly legitimate, is admitted beforehand by the leading political economists of the day; ignorant as they were in its various relations of much of the evidence now brought forward, and of the conclusion to which the whole matter, directly and with almost mathematical exactness, is proved to tend. “In France,” remarks De Jonnés,[38] “the fecundity of the people is restrained within the strictest limits.” “The rate of increase of the French population,” says Mill, “is the slowest in Europe;[39] the number of births not increasing at all, while the proportion of births to the population is considerably diminishing.”[40] We have seen, moreover, that in France the actual ratio of living births is constantly and rapidly diminishing, while the still-births, actual and proportional, are as fast increasing; that the premature births progress in similar ratio, and by deduction and actual statistics, the criminal abortions; and that these facts obtain not merely in the metropolis, but throughout the country. What are the causes of these remarkable facts, need it now be asked? Let all allowances be made for certain conjugal habits extensively existing among the French, and by no means rarely imitated in this country, but the proportionate decrease of living births is too enormous, the actual and proportionate increase of premature and still- births is too frightful to be wholly explained thus, or as West,[41] Husson,[42] and De Jonnés[43] have thought, to be attributed to a mere progressive lack of fecundity. Reason and the evidence alleged compel us to believe that in great measure they are owing to criminal abortion. Political economists allow the facts in France to be as we have stated. Their interpretation of the causes, unwilling as they would be to confess its ultimate bearing, we now compel to serve as evidence. [21] [22] [23] “They depend,” according to one writer,[44] “either on physical agents, especially climate, or on the degree of civilization of a people, their domestic and social habits.” “In France the climate is favorable to an increase of population, and this obstacle, this restraint, is found in its advanced civilization.”[45] “This diminution of births,” says Legoyt,[46] “in the presence of a constant increase of the general population and of marriages, can be attributed to nothing else than wise and increased foresight on the part of the parent.” “The French peasant is no simple countryman, no downright ‘Paysan du Danube;’ both in fact and in fiction he is now ‘le rusé paysan.’ That is the stage which he has reached in the progressive development which the constitution of things has imposed on human intelligence and human emancipation.”[47] “These facts are only to be accounted for in two ways. Either the whole number of births which nature admits of, and which happen in some circumstances, do not take place, or if they do, a large proportion of those who are born, die. The retardation of increase results either from mortality or prudence; from Mr. Malthus’s positive, or from his preventive check; and one or the other of these must and does exist, and very powerfully too, in all old societies. Wherever population is not kept down by the prudence of individuals or of the State, it is kept down by starvation or disease.”[48] But on the other hand, it has been forgotten that the alternative supposed does not exist in the case we have instanced. Marriages in France, unlike some other continental States, are continually increasing, and starvation and disease are yearly being shorn of their power. The authors quoted are therefore forced to a single position; that the lessening of births can only be owing to “prudence” on the part of the community. Moreover, it is allowed by Mill and by Malthus himself,[49] that so much of the decrease as cannot thus be explained, must be attributed to influences generally prevalent in Europe in earlier ages, and in Asia to the present time. “Throughout Europe these causes have much diminished, but they have nowhere ceased to exist.”[50] Several of them have been named by the authority now quoted. Another, and greater than them all, he leaves unspoken; we are compelled to supply for him the omission. The practice of destroying the fœtus in utero, to say nothing of infanticide, history declares to have obtained among all the earlier nations of the world, the Jews alone excepted, and to a very great extent. Aristotle defends it,[51] and Plato.[52] It is mentioned by Juvenal,[53] Ovid,[54] Seneca, and Cicero, and is denounced by the earlier Christians.[55] It was common in Europe through the middle ages, and still prevails among the Mohammedans,[56] Chinese,[57] Japanese,[58] Hindoos,[59] and most of the nations of Africa and Polynesia,[60] to such an extent, that we may well doubt whether more have ever perished in those countries by plague, by famine, and the sword. It is evident, therefore, that the actual and proportionate increase of still-births, and, by induction, setting aside all probable cases of infanticide, of abortion, and the comparative increase of a population reciprocally influence and govern each other so completely, that from the one it may in any given case be almost foreseen what the other must prove. It is impossible that the results quoted from the Registry of New York, any more than those of France, even if so far, can in any great measure be owing to natural causes alone. They are wholly inexplicable on any principles, “which do not recognize an amount of guilt at which humanity shudders.” In comparing that city with Paris, certain allowances must indeed be made; abroad, for the effects of wars and conscription, of despotism, and of migration outward; at home, for the effects of governmental laxity, and of migration inward. In both cities the amount of prostitution, an element not to be lost sight of, must be nearly the same; and in both, under the steady progress of science, medical and hygienic, the ratio of fœtal mortality, unless induced by criminal causes, may year by year be supposed to have been steadily diminished. We have seen that in New York, in the absence of all influences that tend to keep down population in foreign countries, old and crowded, and under the yoke of despotism, the effects, attributable elsewhere to these causes, exist, and to a greater degree than in any other country; That the ratio of fœtal deaths to the population had swelled from 1 in 1633, in 1805, to 1 in 340, in 1849; while in France, at a later period, 1851, they were only about 1 in 1000; That the actual number of fœtal deaths in seven years, from 1850 to 1857, had very nearly doubled; That the fœtal deaths, as compared with the total of births, elsewhere in cases of illegitimacy, where the results are the very worst, and where crime is confessed to have produced them, being 1 in 16.8,[61] had here, legitimate and natural, reached the frightful ratio of 1 in 8.1; That the fœtal deaths, as compared with the total mortality, had increased from 1 in 37, in 1805, to 1 in 13, in 1855; That the reported early abortions, of which the greater number of course escape registry, bear the ratio to the living births of 1 in 40.4, while elsewhere they are only 1 in 78.5; And finally, that early abortions, bearing the proportion to the still-births at the full time of 1 in 10.2, in 1846, had increased to 1 in 4.02, in 1856. It must be borne in mind that these statistics are positive, proving the existence of a certain number of pregnancies abruptly terminated. They cannot therefore be controverted by any argument regarding means for the prevention of pregnancy, no matter to what extent these may be used. Nor should it be forgotten that for every registered premature [23] [24] [25] birth or abortion, innumerable ones occur that are never recorded. Almost doubling therefore, as does New York, the worst of those fearful ratios of fœtal mortality existing in Europe, it is not strange that our metropolis has been held up, even by a Parisian, to the execration of the world. “On le voit (l’avortement)” says Tardieu, “en Amérique, dans une grande cìté comme New York, constituer une industrie véritable et non poursuivie.” In this description of New York, we have that of the country.[62] The relative annual increase of the population existing throughout America, depending as this does chiefly on immigration, must not mislead us. The ratio of fœtal death in the metropolis surpasses what has ever been dreamed to obtain even in old cou...