I UR 
* %t. 1He,
OF THE
WHY IS IT COMMITTED?
WHO ARE THE CRIMJINALS?
How SHALL THEY BE DETECTED?
HOW SHALL THEY BE PUNISHED?
BY EDWIN M. HALE, M. D.
H IAGO:
C. S. HALSEY, 147 -S. CLARK ST.-BUFFALO, 2.38 MAIN STREET.
1867.








THE
GREAT CRIME
OF THE
NI N\ET:ETENTH CEs;NTUIRY.
Why  is it Committed?
Who are the Criminals?
How shall they be Detected?
How  shal I they be Punished?
B Y
EDWIN M. HALE, M. D.,
Professor of Materia Medica and Therapeutics in Hahnemasnn Medical College; Author
of " The Homceopathic Materia Medica of the New Remedies;" " A Monograph on
Gelseminum " and " Retroversion of the Uterus." Member of the American Institute of Homceopathy; of the Illinois State Homceopathic Association; of
the Western Institute of Homoeopathy; Honorary Corresponding Secretary of the Massachusetts State Homeeopathic Medical Society.
Honorary Member of the New York State Homceopathic Society;
of the Michigan Institute of Homceopathy; Associate Editor
of the North American Journal of Homceopathy; of the
American Homceopathic Observer, etc., etc.
CHICAGO:
C. S. HALSEY, 147 S. CLARK ST.-BUFFALO, 238 MAIN STREET.
1867.








MY DEAR COLLEAGUES:
In my " Treatise on Abortion; its causes and consequences, and their medical and surgical treatment:"-so
favorably received by you, I did not enter into the discussioln of the subject of Criminal Abortion.
I am gratified to note an increasing desire, among the
best men of all medical schools, to adopt measures which
shall enlighten the public to an appreciation of the enormity of the crime, and to devise means to arrest its progress.
No essay on Unjustifiable Abortion has yet been published that fully meets the demand of the times.
The nature of the crime has not been fully explained;
the various flimsy excuses given for its commission, exposed; nor the criminals boldly and fearlessly pointed out.
I propose to aid you in the work of arresting this great
social evil by embodying the above desiderata in this essay.
Give me your hearty co-operation and support in my
feeble efforts in this direction.
Some of you may think my views too extreme and radical, and my propositions impracticable.
You must remember, however, that no great reform can
be initiated, no real progress sustained, except upon the
basis of radical principles.
I give this little work into your hands, believing you
will make the best possible use of it in the interests of the
profession and common humanity,
Yours very sincerely,
EDWIN M. HALE, M. D.
CHICAGO, May, 1867.




THE author does not propose, in this pamphlet, to treat
of the statistics, or therapeutics of abortion.
Those portions of the subject have already been fully
considered in a previous work, which has been for sometime in the hands of medical men.
The author, however, takes this opportunity to confirm
certain assertions previously made, in order that those who
may not have the work referred to, may understand the
allusions contained herein, as to the extent of the crime.
The statislces recorded in the " Treatise on Abortion,
(Part 1,") are sufficiently appalling, but the true statistics, if known, would be more appalling than are there
represented.  The assertion that two-thirds of the number
of conceptions occurring in the United States, and many
other civilized countries, are destroyed crimirnally, would
not be overrating the extent and prevalence of this fearful
crime.
Criminal abortion is not to be reconsiderd as a crime in
one sense only, but in many.
I. IT IS A CRIME AGAINST THIE STATE.
It lessens the population of a State or couLntry, in an acppalling degree. The ratio of births over deaths of all kinds,
is rapidly decreasing.  It is even now, only among the
foreign population, that the births are in excess.  At this
rate, if the ratio of tcetal deaths over births goes on increasing, it will not be many years before the Americans
left on American soil, will be few and far between.*
Criminal abortion is, therefore, an offence of a national
and political character, and the national government ought
to interpose some check to its alarming increase.
* On the Decrease of the Rate of Increase of Population now obtaining in Europe
and America. By Horatio Robinson Storer, M. D. —Americcan Jourznt of Science and
Arts. Vol. xlviii. 3March, 1867.




INTRODUCTION.                   5
II. IT IS A CRIME AGAINST PHYSIOLOGY.
Jt arrests the normal course of the functions of physical
life. Pregnancy is a natural condition which cannot be
arrested without the most calamitous results, not only to
the local condition of the reproductive organs, but to the
general physiological functions of the whole system.
III. IT IS A CRIME AGAINST MORALITY.
Its commission disobeys t/he 2Divine command, " Lhou
shalt not kill." We cannot consider the subject in a purely
physiological light. The impregnated ovum is not merely
a living being. This would imply that it was nothing superior to the embryo of one of the brute creation. The
human embryo is possessed of something more than aniinal life. Irom the moment of conception, it is the receptacle
of a ]humarcn SOul. When a child is born, we all believe a
human soul to be habilitated by the still undeveloped body.
The spiritual nature only manifests itself in direct ratio to
the development of the brain and other portions of the
body.
Psychologically, we must admit that the soul exists in the
impregnated ovum from the date of conception, and keeps
pace in its manifestations, with the development of the
fietus until the date of birth, as well as afterwards.
It follows then that the destruction of the embryo or
fcetus at any period after conception, is in violation of the
divine. law. It destroys the receptacle of ca soul.
It is the popular belief that, if the menses are arrested
by conception, but are forced to return after the lapse of a
few days only, beyond their natural time, that no harm is
done. This is an error. It is not the menses that return,
but an abortion (with hemorrhage,) has been induced.
The menses do not occur until another period has elapsed.
The crime is in reality, the same as when committed at a
much later date.
The date of "quickening"' so called, cannot be considered of any real importance in its physiological relation.
The idea that, at that date, the embryo becomes a soul, is
now obsolete.




6                              INTRODUCTION.
IV. IT IS A CRIME TAGAINST THE LAW.
The " Jurisprudence of Abortion," which occupied "PART
IV," was not fully elaborated owing to the press of professional engagements, as well as the objection of the publisher to swell the already large size of the work.
I propose to discuss, in as complete a manner as possible, the Jurisprudence of Abortion, so far as it relates to
the recognition of the real criminals connected with the
act; the best method by which they may be detected and
brought to trial; and their appropriate punishment.
The following questions will have to be considered, in
order to have a clear idea of the subject in its legal relations.
1. Why is the crime committed?
2. Who are the criminals?
3. How shall they be detected?
4. How shall they be punished?
A new law is herein proposed, which law, or a similar one,
should be enacted by each State in the Union, as no law
has yet been framed by any State, which meets the requirements of strict justice, or properly provides for the prevention and punishment of a crime, which more than all
others, is ]ie Crime of the Nineteenth Century.
NOTE.-Even ovular abortion, or the prevention of conception, may, tunder some circumstances, be considered in the light of an offence against the State, and against physiology; against the State, because it prevents the normal increase of population, and
against physiology, because it prevents the occurrence of pregnancy, which is a normal
physiological condition, and often absolutely necessary to the physical and moral health
of woman.
Ovular abortion has never been recognized as a crime, or as an offence, by the laws of
any modern nation. The Hindoos, however, considered it a crime, and allotted its
punishment. It is also implied to be a crime in the Divine Word, in the injunction
given to the human race to " multiply and replenish the earth."
There are several passages in the Word, which directly rebuke any act which would
prevent the occurrence of conception; (see Gen., xxxiii-9, 10,) and in one instance, the
offence was severely punished.
In order to be consistent, we must consider the unjustifiable prevention of conception
as an offence of some magnitude. It may be justifiable in certain cases, as when the
health of the mother demands the prevention of impregnation, or in certain peculiar,
social and domestic conditions.
It should be advised, and even made obligatory on the parents, in many cases where
there is a reasonable fear that premature labor, dangerous to both mother and child,
may have to be resorted to.




CRIMINAL ABORTION.
SECTION I.
WIIHY IS IT COMMITTED? 
While it is admitted that criminal abortion has been
practiced since the time of the ancients, it is also admitted,
that at no period in the history of the world, is the destruction of the ovum after conception, so prevalent among all
classes and conditions of persons, as at this day. This is
especially true of the extent of the crime among civilized
nations, particularly in the great towns and cities of such
nations.
The same influences are doubtless at work impelling to
the commission of the crime, that existed among the
ancient IHindoos, Egyptians, Greeks, Romans, and other
nations.
A brief enumeration and mere mention of the influences
which impel to the commission of criminal abortion, is all
that can be made in this limited treatise. They are:
Poverty,                   Adultery,
Ill. Health,               Seduction,
IMoral and Physical cowardice, Prostitution,
Loss of beauty,            Rape,
Love of fashionable life, etc., Disgrace of maternity.
PovERTY.-Among the lower and middle classes of society,
this plea is one of the most prominent. The parents will declare their inability to support any more children. This,
too, when they will probably spend more money for the
commission of the crime, the medical treatment of its consequences, the increased expense entailed during the illness, or the unnecessary luxuries purchased in a year, than
would suffice for the economical support of a child for ten
years. Honest, frugal, and moral parents usually find no
insuperable difficulty in rearing a large family of children;
yet it is a common thing to see young married people in
good health, resort to criminal abortion in a first pregnancy,
because they are not able to su}pport an infant!  This is
adding blasphemy to murder.
ILL IHEALTH.-One of the most astonishing of all the
inconsistencies of human nature, is the fact, that women
who possess the highest 2rineiple in all else, will resort to




8                HALE ON ABORTION.
the most shallow pleas for the destruction of the ovum.
General ill health is frequently mentioned by mothers as a
reason why a pregnancy should be arrested. No plea
could be more false, for, to quote the language of Dr.
Storer, " there is not a conceivable case where an abortion
will not make it worse." The consequences of an abortion,
whether immediate or remote, are to depress the vital
forces, cause general disturbance of fuimnction, and in most
cases, serious local disease of a functional or organic nature.
It would be amusing, were it not saddening, to listen to
the special pleas of local disorder, which the parents of the
child unborn resort to, with the intention of convincing
the physician that the crime ought to be committed. A
young woman, pregnant with her first child, and suffering
from the usual disagreeable symptoms of the first few
months, will desire to get relief from the pains, the strange
unpleasant sensations, and the causeless but indefinable
forebodings which possess her mind. Another woman who
has borne children will desire to be freed from the pains of
a difficult labor, or an unhealthy pregnancy, the sufferings
of which she vividly remembers. Still another will allege
a cough, a headache, vomiting, and a hundred other disorders which on no account should be considered as conditions justifying interference. Sometimes it happens that
young women, pregnant for the first time, hearing of pelvic
deformities, monstrosities, puerperal convulsions, and the
like, will imagine themselves the probable victims of such
accidents, and attempt to convince the physician, and themselves, that theirs will be a case similar, therefore the fruit
of conception should be destroyed.
There is a class of ignorant and garrulous nurses who
are highly censurable for their reprehensible habit of talking to young wives (enciente,) of the pains and suffering of
childbirth. They will detail with revolting minuteness, all the
circumstances of the lying-in chamber, until, in the imagination of the young wife, it appears a room full of horrors. Such contemptible nurses should be discountenanced
by medical men, and never be permitted to poison the
minds of inexperienced patients.
Pregnancy is not, naturally, a condition of disease. It
is made painful and abnormal by the same causes that lead
to other diseased conditions. It is the belief of the writer,
based on an extended observation and experience, that by




CRIMINAL ABORTION.                9
the proper use of exercise, diet, and particularly, medicinal
remedies, properly selected and administered, pregnancy
may be made comparatively free from pain or unpleasant
sensations, and labor rendered free from suffering and
danger. In natural, healthy parturition, there is little or
no actual pair. Painless relaxation and'expulsive efort,
devoid of suffering, should constitute a perfectly normal
labor. Abortion, on the contrary, is always attended by,
a great amount of immediate or remote suffering.
There are others who are to blame in this matter. The
early education of women is defective in the extreme.
Instead of being taught the great facts of physiology,
especially those pertaining to the functions of the generative organs, the rearing of children, and the means of preserving health, their time is fritted away on music, French,
higher mathematics, et cetera, until the time of their marriage, when they enter into all the great responsibilities of
a wife and mother, awithout a single correct idea of the nature of those responsibilities, or the gravest duties of her
position.
The mothers of young women are also censurable, because they do not give their daughters the benefit of their
own experience. This they can do, if they are themselves
ignorant of physiological facts.
MiORAL AND PHYSICAL CowARICE -Is the cause of much
of the crime of which we are treating. This has been
alluded to in the previous paragraph, in speaking of the
fears of the real and imaginary dangers of childbearing.
The woman who will allege as a plea for the crime, that
she is afraid of the suffering to be endured during pregnancy and childbirth, is certainly destitute of all the
bravery which rightfully belongs to humanity. It also implies a lack of christian faith and principle. Here again,
the education of woman is in fault, for before the facts of
physiological science, all these fears would, in most cases,
vanish.
Loss OF BEAUTY.-TO a woman vain of her beauty, and
fond of admiration, this seems a powerful plea. They look
about them, and see those who, before they became mothers, were as beautiful and attractive as themselves, but are
now faded, and perhaps worn by care and disease. They,
therefore, begin to reason from false premises, and blame
the function of childbearing with the destruction of beauty.
2




10                HALE ON ABORTION.
lBut maternity does not of itself destroy beauty or health.
Those women whose constitutions are good, who have
properly taken care of their health, are never as beautiful
or healthful as during the period of childbearing.
At the present day, a thousand causes are -at work to
cause the vanishment of physical beauty, and the decline
of woman's health. Even should these results follow, how
much more beautiful and attractive is a maternity unsullied
by crime, than all the physical beauty possible, if stained
by the sin of child-murder!
Moreover, this plea is utterly untenable when we compare the results of abortion- with those of childbearing.
The danger to the destruction of beauty, health, and personal attractiveness, is tenfold greater from the former
than from the latter. The experience of many years of
practice has satisfied me that no one cause in existence contributes so much to the decay of womanly beauty, and the
destruction of woman's health, as abortion. A single miscarrriage, especially when caused by drugs or instruments,
will cause greater ravages in the constitution, than the
bearing of many children.
THE LOVE OF FASHIONABLE LIFE-Its pleasures and excitements-affords another selfish plea for the crime. A woman whose principle is not firmly grounded, will, on finding herself pregnant at the beginning of the fashionable
season of balls, opera, etc., try to convince herself that she
can put off the inconveniences of the pregnant state,
until the season of dissipation is over. Acting upon this
improper plea, the embryo is destroyed, and the unfortunate
woman vainly fancies that she can atone for the crime by
avoiding its commission in the future. What is her grief
and punishment, however, to find, as many do, that when
she ardently desires to be a mother, the boon is not granted? 
Sterility comes to punish her for the heinous crime of
which she has been guilty.
In many instances the pleasures of fashionable life, for
which she was willing to sacrifice the life of her unborn
child, slip from her grasp, for the abortion brings sickness
and perhaps death, or numerous other evils in its train,
besides remorse, which will come sooner or later.
To the conscientious person, it is a matter of grief and
surprise, what trivial pleas are put forward as excuses for
the crime. An anticipated journey, a visit to friends, the




CRIMINAL ABORTION.               11
presence of visitors, and even a residence in a boarding
house, are all made pretexts. The last one indeed, is quite
commonly made use of.
I quite agree with a writer, whose name I cannot remember, that " the boarding house, and fashionable hotel, is often the grave of domestic virtue."
In these days of extravagance, a large proportion of
those beginning married life, take up a temporary residence in a boarding house or hotel. In such places the inconveniences of rearing a family, or even passing through.
a pregnancy, is considered almost insuperable. This improper mode of living, so utterly at variance with all correct
ideas of domestic life, is a prolific cause of criminal abortion. It is urged that it is impossible, or exceedingly inconvenient and expensive to have a family under those
conditions, and so a crime is committed.
The above inducements to the crime, are all predicated
on the supposed and admitted fact of the existence of an
honorable married state..
But there are other inducements both in and out of that
state, which ought to be mentioned.
ADULTERY —-Is a frequent cause of a resort to criminal
abortion. A married woman untrue to her marital vows,
and lost to honor and duty, becomes pregnant by another
than her husband. To hide her shame, a resort to the destruction of the unborn child is unfeelingly resorted to.
In the unmarried state there exists many sinful practices
which afford pleas for the commission of the crime.
SEDUCTION AND DESERTION-IS one of the most fruitful
causes. A young and hitherto virtuous woman, falls a
victim to the false promises of a vile seducer. In a moment of passion, or with a heart full of confidence in her
destroyer, she loses that crown of womanhood, virginity.
A pregnancy follows, and with its occurrence, comes-desertion, and she is left alone with her great shame; or if not
deserted, marriage is refused or delayed. In the former
case, driven to desperation, the victim often seeks to destroy her own life, or else plans the destruction of the
fruits of her shame. In the latter case, the parties conspire to commit a deed which shall save them both from
disgrace.
When the crime is committed to save the victim of seduction and desertion from shame, the world is apt to view




12               HALE ON ABORTION.
the act as justifiable, or a least wink at is commission. But
the deed is none the less criminal in the one instance than
in the other. The act is none the less murder, even if it
be done to save the mother from disgrace. We are not
justified in taking life for any other reason than that of
scaving a life of greater importance.
PROSTITUTION-The life of a prostitute is so inconsistent
with maternity, that it will surprise no one to learn that
when pregnancy does occur among that class, (which occurrence is happily rare,) a resort to criminal abortion is a
natural consequence. Women who have sunk so low in
the scale of social existence, who are so lost to all that is
good in humanity, have no hesitation in committing any
crime. Abortion is looked upon by such creatures, with
the utmost indifference.
RAPE —Probably no plea for the induction of criminal
abortion is so plausible, and so readily admitted, as when
the pregnancy is the result of this most unnatural and revolting deed. If objection is made, we are met by the exclamnation-shall the poor victim of violence be obliged to
carry in her womb, and bring to independent life, the fruits
of a crime so outrageous and disgusting!
The argzumentuin adc hiominem,, is often resorted to, in
proof of the propriety of inducing abortion in such cases.
It is asked-would you not destroy the embryo or fetus in
your own daughter, violated by a brutal Negro, Indian or
white? This kind of argument, however, will not stand
against the Divine injunction, "Thou shall not kill."
Evidently the only proper procedure in such cases as the
above, is to allow the child to be born alive. It will then
be perfectly proper to remove it from the presence of the
mother before she has looked upon the hateful object, and
place it in the care of some charitable institution, where it
will be forever hid from her eyes, forever ignorant of its
own disgraceful origin, and where, perhaps, it may be
reared with such care for its soul's welfare, that it may serve
some use in the economy of Divine Providence.
THE DISGRACE OF MATERNITY!!-Does this alleged cause
to the commission of the crime surprise any one? Among
the most ancient nations, especially the Jews, also the best
and noblest people of all countries, maternity was once
considered a crown of honor. A mother was considered
honorable, and revered in proportion to the number of her




CRIMINAL ABORTION.               13
children. How is it in the present day? Has not a great
change taken place in this respect. I have seen and heard
weak-minded and fashionable wives, sneer at a neighbor
because of her large family. American women are in the
habit of looking with apparent scorn, on the prolific German and English mothers who come among us. But which
are the happiest? Which can boast of the best physical,
moral, and mental health?
It is sad to contemplate the lamentable fact, that many
persons actually look upon maternity as a disgrace.
It must not be supposed, however, that the inducements
to commit the crime of freticide are all confined to the
mother of the offspring.
There are inducements which influence the abortionist,
the otherwise upright physician, the manufacturer of nostrums, of instruments, and the whole class of particeps
criminis. The great and overshadowing inducement is
undoubtedly money, the love of which, we are taught in
the Divine Word, is "the root of all evil."
The abortionist receives his price, just as the paid assassin of the middle ages received his, and doubtless with less
compunction, and less remorse while in the life. The mzanqfaccturer of nostrums, etc., would not engage in the business; did he not believe that a fortune would come of the
sale of the murderous compounds.
There are, however, cases, where other influences than
those belonging to money, are powerful inducements to
the crime.
The seducer, or unlawful father of the child, commits
the crime, or employs it to be done, in order to shield him
from shane, exposure and disgrace.
There is one other inducement which ought to be mentioned in this place, although its mention is a painful duty
which the writer would gladly avoid. It is an influence
which is sometimes, brought to bear upon physicians of the
highest respectability, the most undoubted honor, and of
the best principle.
To the lasting honor of such physicians, be it said,
such influences are generally without avail. Rather than
be guilty of the crime, they prefer the consequences of
a refusal.
I refer to the solicitations, the urgent requests, and even
the entreaties of parents who belong to the most respect



14               HALE ON ABORTION.
able classes, persons of wealth and influence, and often of
culture and refinement, and even of high religious standing!
To show that I am not mistating the prevalence of abortion in the higher classes, I quote from the -N. CGhristian Advocate, March 13, 1867.
" Half of these," (women who are guilty of child-murder,)
" are members of Christ's church."
" The Protestant church, is to-day, blackly stained with
this crime of child-murder."
To prove the correctness of these statements, I also
quote from Dr. Stewart, of Detroit:'" But few of either sex enter the marital relation without
full information as to the ways and means of *  *  destroying the legitimate results of matrimony. *  *
Among married persons, so extensive has this practice become, that people of high repute not only commit this crime,
but do not shun to speak boastingly among their intimates,
of the deed and the means of accomplishing it." (Pp. 7, 8.)
And also from the letter of Dr. Kyle, of Xenia, Ohio,
quoted by Dr. Reamy:
" The abortions occur most frequently among those who
are known as the better class; among church members, and
those generally who pretend to be most polite, virtuous,
Fmoral, and religious. A venal press-a demoralized clergy,
the prevalence of [medical] charlatanism  *  *  *  are
the principal causes of the fearful increase of the abomninable crime of criminal abortions."
But these gentlemen omit or neglect to mention a fact
of which they must have been cognizant, namely: that the
honorable phgsic~an who refuses to accede to the wishes of
such patrons, is often obliged to see their patronctge transferred to other and less scrupulous persons.
My colleagues will bear me out in the assertion, that
such transfer of patronage is a growing evil which needs
to be abated by some influence-moral, religious, or legalwhich is not now in operation.
While we admit that no physician of standing in society,
whose principles are well grounded, and whose ideas of
crime are unvarying, can ever be tempted or influenced by
such inducements, I do not hesitate to assert the possible
immoral influence of such solicitations, entreaties, and
bribes-upon the conscience of a young physician, poor,
perhaps in need of patronage, and who has not those firm




CRIMINAL ABORTION.               15
resolutions to do no wrong, which are built only upon convictions of the highest and deepest morality.
SYMPATHY.-This emotion, so enobling and admirable
in most cases, is often perverted from its proper channels,
and made to be the cause of crime.
Even the best and purest of physicians cannot look upon
the victim of a seduction, or a rape, without the keenest
sympathy. That the best of medical men have been
tempted to relieve the woman of the fruits of seduction
and violence, is not surprising.
But the sympathies of the medical man, or any other
person, should be under the dominion of religious principle. The injunction-" Thou shalt not kill," is as binding
here as elsewhere.
Evidently the only consistent rule of action to adopt, is
that laid down on a previous page when speaking of the
victim of seduction or of violence.
SECTION II.
WHO ARE' THE CRIMINALS?
We deem it our duty, as a medical man and a citizen,
to point out fearlessly and perspicuously those who are in
any way connected, criminally, with this great evil.
Generally they consist of four classes, viz:
The PRINCIPALS.
Accessories BEFORE the fact.
Acceessories TO the fact.
Accessories AFTER the fact.
THE PRINCIPALS.
There are generally but two persons in a case of criminal
abortion, who are to be considered as principals. In rare
cases there may be more. Usually they stand, relatively, as
follows:
1. Thie Mother. That the mother, who carries in her
womb her unborn child, should be the chief criminal, is a
startling proposition. Many persons will be inclined to
disbelieve that such is the case. Those, however, who have




16                HALE ON ABORTION.
investigated the subject, or who have had opportunities for
observation, will not dispute the assertion.
When it is knownt that the cases are very rare in which the
crime is committed without the consent of the mother; when
it is known that the cases are few in which the child is destroyed without her urgent desire; the proposition will not
appear so imnprocbable as at first sight.
Examine all the inducements to the crime, mentioned
heretofore, and it will be found that the cases are few in
which the mother herself does not originate the plea, or
act willingly from influences brought to bear on her from
other sources.
In either case, she must be considered as one of the
principals in the crime.
Even in cases where the husband or other person
persuades the mother to its commission, or to allow
another person to destroy the fcetus, she is still a principal;
for in no case need she succumb to influences not extending to actual physical force. The woman is individually
responsible for all her acts of immorality.
In the married state, the wife has the moral and legal
right to become a mother as often as possible. No law,
human or Divine, can compel her to destroy, or permit
the destroying of the fruits of conception.
Why then, in~ this view of the matter, should not the womanc  be considered the chief criminal, iin nearly all cases,
except when the abortion was induced on her person, by
violence and against her will?
The law in this respect, has not been strict enough to
meet the demands of justice. It has recognized, in most
instances, only the person who destroys the child by drugs,
instruments, or some physical force.
In a few instances, it has named the mother, who, by
either of the above means, has destroyed the child in her
own womb.
In but one instance, (the law of Califbrnia,) does the
law make a principal of the woman on whom the abortion
is induced. This should be done in nearly all instances. If
the woman is innocent, and the crime was committed
against her will, and she was powerless to prevent it, there
are many ways in which her innocence could be made to
appear.




CRIMINAL ABORTION.               17
Physicians are often informed against by one of the
guilty parents, causing thereby, a malicious prosecution.
Such a law would prevent such persecution.
In fact, she is often more guilty than the person inducing the abortion, for she may, by various improper means,
as bribes, threats, and other inducements, influence the
physician or other person to commit the crime, when his
better judgment and principle would revolt against it.
I do not hesitate to assert that if the woman be made a
principal in most cases of abortion, it would diminish the
crime two-thirds, andperhaps to a greater extent, especially
in large towns and cities.
2. The Abortionist. Among the most prominent are a
class of creatures, of both sexes, known to the law as
Abortionists. These people have their corresponding analogies in the Thugs of India, and murderers everywhere,
and make it their chief business to destroy, for money, or
worse inducements, the innocent and unborn child.
Not only does their loathsome presence poison the moral
atmosphere of great cities, but they infest the smaller
towns. They even leave their slimy track in the quiet
country, and pollute the green fields, the flowery prairies,
and the pure forests, where the homes of good men and
women should be found.
In the great cities, however, these vampyres most abound.
Certain streets and localities, not always low and abandoned
in their moral surroundings, are selected by these creatures
as their habitat. Sometimes their presence is known only
by the bad location they occupy, for the simple'" Doctor," on the sign would indicate no nefarious calling.
At other times, the word "Accoucher," is prostituted
from its legitimate significance, and means to the abandoned, and sinful, only an " Abortionist." More frequently,
they sail under the name of "Astrologist;" the possessor
of an "Anatomical Museum;" one who treats "secret
diseases," or attends to " private matters."
Female Abortionists, assume the name of "1 Midwives,"
"Nurses,"  " Fortune-tellers,"  " Madam   -, Female
Physician," et cetera, and under these apparently harmless
avocations, ply their murderous trade.
In the country, the business is managed differently.
Hundreds of persons of both sexes, are constantly perambulating the country, stopping in the smaller towns and
3




18               HALE ON ABORTION.
villages, who have for their chief means of subsistence, no
other means of support than the induction of criminal
abortion.
Ostensibly they are " Professors," " Doctors," " Lecturers," etc., advertising to cure all the ills which flesh is heir to;
perform wonderful surgical operations; lecture on anatomy, physiology, health, hygiene, phrenology, and various
other topics of which they are perfectly ignorant.
In their advertisements, their harrangues to the public,
their conversations with private visitors, or in their lectures,
they are sure to let drop some hint, by which the unprincipled may imply of what their secret business consists.
Follow these miscreants to their private consultation
rooms, and you shall see where the most disgraceful scenes
are enacted, and where hands and souls are stained by the
blood of unborn babes.
Sometimes the vocation of "' nurse," which should be a
noble and holy calling, is prostituted to the sole purpose
of criminal abortion. Such instances have come to the
knowledge of medical men, as occurring in this, and other
cities. In the instances alluded to, the monthly nurse has
intimated to the lying woman, that there is no need of passing through the perils and pains of childbirth again; that
in the early months of pregnancy the menses can be safely
brought back; that they will instruct them how to accomplish it. By this means the minds of how many woman
hitherto pure, may have been poisoned by such false and
sinful temptations?
Among those who figure in the list of chief criminals, are
the unnatural father, be he husband, seducer, or unlawful
companion. Instances are on record, where the father has
administered the potion, used an instrument, or resorted to
physical force to destroy his unborn offspring.
We have even heard from  undoubted evidence, that
there have been instances where the mother of the pregnant
woman —both belonging to those circles of society considered as "respectable," —has, with her own hands, given
the drug to cause abortion, and most revolting of all, used
upon the person of her daughter, an instrument which
caused the death of the fcetus.
In the name of humanity, religion, and civilization, is it
not time that some serious and determined effort was made




CRIMINAL ABORTION.               19
by men of the medical, legal, and religious professions, to
extirpate these murderers?
Shall we allow the end of the Nineteenth Century to
close upon a scene which will make the devils laugh, and
the angels weep?
Can no law be framed, having for its object the prevention and punishment of the crime of abortion; a law so
broad in its scope, so perfect in its details, that theprincipals above named, cannot escape detection, trial, and condign punishment?
It is a hopeful sign to see that the clergy are becoming
aroused to a sense of their duty in this respect, and I cordially endorse the remarks of the author* of a recent article on this subject, who says:
" Quack doctors, irregular practitioners, and the whole
race of vagrant female hyenas who will take fcetal life for
fifty dollars, and gratuitously kill or ruin the credulous
wife or "unfortunate," should be treated as pests to be
"purified by fire," if necessary. The odor of such a burntoffering would be more grateful than their offences which
smell to Heaven."
To reccapitulate; The mother may be said to be the chief
criminal (a) when the desire for, and the accomplishment
of the crime originates within herself, i. e. when she destroys of her own will, by means of drugs or violence, the
unborn child, or procures its destruction by others. She
may be said to be a chief criminal when she is influenced
by others, to the commission of the crime, and allows them
to cause by any means the destruction of the child int utero.
Besides the mother, the person who administers, or
causes to be administered, any drug, to a pregnant woman,
or uses any instrument for the purpose of the destruction
of the child, without the consent of the mother, becomes
the chief criminal; but if the person giving the drug, or
using the instrument, is employed or influenced in any way,
by the mother or others, to the commission of the crime,
he or she, becomes a chief criminal.
* N. W. Christian Advocate, March 13, 1867.




20               HALE ON ABORTION.
SECTION III.
ACCESSORIES BEFORE THE FACT.
Besides the prinpcials guilty in a case of criminal abortion, there are other persons, in a majority of cases, who
may be considered as accessories before the fact.
Some of these persons the law takes no cognizance of;
and they generally go unpunished.
The laws of all States and Countries, need a thorough
reformation in this respect, and although my views in this
respect, may be deemed somewhat utopian, the time will
come when the importance and practicability of such laws
will be admitted.
Of those who should be considered as aiders and abettors of this crime, stands,
1. The unnatural father of the child, be he husband,
seducer, or unlawful companion. In most cases, he is cognizant of the crime, he procures the services of the abortionist, obtains the drug, or sanctions the crime by his
actual or implied permission. In either case, he should
be considered guilty, and should be tried for his participation in the crime, and be punished severely.
2. Next in venality, rank those who manufacture and
sell the nostrums which are so extensively used throughout this country, for criminal purposes.
I doubt if there is a drug store in the United States, or a
place where medicines are sold, where we shall not find
these vile nostrums exposed publicly for sale; their powers
vaunted in gilt letters on illuminated placards, set in expensive frames, where all, the pure, as well as the vicious,
may read in them the damning evidence of the shamelessness of the men and women of the Nineteenth Century!
To what depths of moral infamy is a nation descending
when so large a class of tradesmen as the dealers in drugs
constitute, can, without scruple, sell thus openly, these
abominable death-dealing child-poisons!
They might as well expose for sale, and advertise such
terrible poisons as the aqua toffama, which was the scourge
of the Sixteenth Century; or indeed any poison which, in
imitation of the language of the abortionist, " should not
be administered to persons whose life is obnoxious to any one,




CZRIMIMNAL AB ORTION.           21
as it will surely and certainly cause deat]h, leaving no ccance
of detection of the cause thereof."
No good man or woman should cross the threshold of
shops where such nostrums are sold. They should forever
withdraw  their patronage from  them, thereby placing
the seal of condemnation on the men who sell, and the
places where are sold, the drugs known to cause criminal
abortion.
The same condemnation should be visited upon druggists, and others who sell publicly or privately, to others
than reputable physicians, certain instruments in common
use, for the destruction of the frutus i~n utero.
Thbe manufacture and sale of drugs, or combination of
drugs, for the purpose of expelling prematurely the fruits
of conception, has reached an enormous and almost ihrcredible extent in this country. For the last ten or twenty
years, the columns of newspapers have been prostituted
and defiled by the advertisements of nostrums, recommended for this abominable purpose. No expense is spared
by the manufacturers to place their horrid wares before
the public, and we understand that princely fortunes have
been made from the proceeds of this most unnatural and
death-dealing trade.
3. Those who manufacture and sell certain instruments
and contrivances used by abortionists, and others, for the
purpose of separating the ceciducc  from the walls of the
uterus, rupturing the membranes, or destroying the life of
the child, should be considered criminals.
These instruments are so rarely used by reputable physicians, that they are seldom to be found in their possession. They are so rarely used for honorable and legitimate
purposes, that the law might well step in and prohibit
their manufacture and sale, except by one or two persons,
who shall obtain a special license from the government
for such purpose. Dealers in surgical instruments should
be expressly prohibited from selling any instrument known
to be used for criminal purposes, except to physicians of
well known character for honesty and respectability.
Legal enactments should be made in every State, and
even by the General Government, for the purpose of preventing the manufacture and sale of any of the nostrums
which are known by the profession, to be capable of causing miscarriage. The law should expressly prohibit any




22               HALE ON AB ORTION.
person or persons, from engaging in the manufacture or
sale of such nostrums, and should visit the severest penalties on the parties violating such laws.
There is no more impropriety in such a law, than in one
prohibiting the carrying of concealed weapons.
In but a few States has the experiment been tried of
enforcing such a law. The law now in force in the State
of Massachusetts, is the most complete one yet devised,
but the machinery by which offenders against it are to be
detected and brought to justice, is so imperfect, that it fails
to carry out the purposes for which it was enacted.
Not only should the manufacture and sale of such nostrums be prohibited under severe penalties, but it should
be made the duty of the health officers in every county or
town, to examine the stock of all dealers, and if the prohibited nostrums are found in such stock, to destroy them
forthwith. Ayge more, the establishment where they are
sold should be pronounced a nuisance, and abated; and
in case of a second offence, the whole stock of the dealer
should be summarily confiscated.
Another class of persons who should be considered accessories before the fcct, are the venal publishers of newspapers and periodicals, who, in defiance of the best moral
sentiment in the land, persist in publishing the advertisements of abortion-causing nostrums.
There is no excuse for this way of aiding and abetting, the
crime. No publisher can plead ignorance of the intent and
meaning of the notices of the nostrums which appear conspicuously every day in the columns of his paper. IHe
knows that the "Periodical Pills," the " Golden Drops,"
and " Female Regulator," "Mother's Relief," are all fbr
the purpose of causing abortion, and cannot be used legitimately for any other purpose.
It is bad enough to find such poisons advertised in the
ordinary news-paper, but it is shocking to the moral sense
of every good man or woman, to see such advertisements
found in the columns of so-called religious papers. That
this is the case, however, I have had ample means of verification.
Even newspapers that begin by refusing to admit such
immoral advertisements, end somehow by prostituting
their columns to this vile purpose.




CRIMINAL ABORTION.               23
Still another class of criminals should be reached by the
law-namely, those who advise women to resort to crimiinal abortion, and those who instruct them in the use of
drugs or instruments for that purpose. This class is larger
than has been generally supposed. It includes three species of criminals; (a) unprincipled women who are in the
habit of taking some drug, or using some instrument on
themselves, and advise their female friends in their use; (b)
venal'nurses, quasi lecturers on physiology, health, etc.,
whose vile trail can be tracked all over this country, by the
abortions which occur in their path; (c) physicians who
hlave not the strength of principle requisite for all occasions, and who are influenced by entreaties and bribes to
disclose to the erring woman, some means by which she
destroys the child in utero.
Physicians are more annoyed and troubled by the importunities of their female patients, than persons out of
the profession, can have any idea. I have already referred
to this when speaking of the inducements to the commission of the crime.
These three species of criminals should be brought to
justice, if possible, and a requisite punishment meted out
to them. The two first species mentioned have become a
real pest in the land, and are rapidly increasing. Every
physician of any practice will bear me out in this assertion. Were some severe penalty affixed to this form of
participation in the crime, it would make a notable decrease in the number of abortions caused, especially in the
ratio of enbryocides.
There are other real accessories before the fact, whom no
law can at present be framed to reach. Criminals, who,
without resorting to drugs, instruments, or other forcible
measures, are nevertheless guilty of causing, indirectly, the
destruction of the unborn child.
We are told in the Word, there are sins of omniss8io0  as
well as sins of commission.
We will briefly explain what is meant by the sin of omission, in this connection.
It is a fact well known to medical men, and of which the
puVblic are not entirely ignorant, that certain general or
local diseases tend directly to cause abortion. From these
causes the uterus is unable to retain and support the im



24                HALE ON ABORTION.
pregnated ovum, and as a consequence, expels the embryo
or fcetus, prematurely.
A few of these diseases are, in their nature, incurable;
but the great myjority are amenable to proper therapeutic
measures, when used by competent physiicians and surgeons.
We will instance a few of these conditions, especially
those of a local character, to better illustrate our position.
Inflammation and ulceration of the neck of the uterus,
is the chief cause of abortion, the latter, probably, a more
prolific cause than the former. That variety of abortion
termed "habitual," is usually caused by a kind of ulcer
known as the " fissured,'" although all the other varieties
of ulceration may produce it in women  of irritable constitutions.
Ulceration of the uterus in non-pregnant women is now
considered to be as amenable to scientific treatment as
many other curable diseases. Even ulceration during pregnancy, may be considered curable if proper care and attention be used. Until the time of Bennet,* it was considered
unjustifiable to treat ulceration in the pregnant woman,
and that the cure of such lesions was hardly possible without causing miscarriage. Dr. Bennet, however, dissipated
this erroneous opinion, and proved, by numerous cases,
that it was not only justifiable, but highly proper to treat
ulceration under such conditions.
The experience of some of my colleagues, as well as my
own, abundantly proves that habitual abortion may be prevented by timely and judicious treatment applied during
pregnancy.t
Retroversion of the uterus occurring previous to, or during pregnancy, was once considered as a cause of inevitable abortion. But in the present condition of surgical science, we know that appliances have recently been discovered which do away with the necessity of abortion, or the need
of allowing it to occur from that displacement. In view
of these facts, we cannot reason otherwise than that in
many cases of abortion from curable disease, either the
mother, the father, or the physician, are accessories before
the fact.
Ignorance of the existence of such causes, and their
means of cure may suffice to relieve the parents fiom
* Vide, Bennet on Inflammation and Ulceration of the Uterus.
t Ibid: Transactions of N. Y. State Hom. Society, 1866.




CRIMINAL ABORTION.               25
the onus of blame in the matter. But it is often the
case that one or both parents are aware that the habitual
or occasional abortion is caused by some diseased condition,
yet their aversion to having children prompts them to allow
the abortions to occur, and to omit to apply to a physician
for treatment of the causes of the accident.
What is the difference between this species of crime,
and a case where a parent, knowing his or her child to be
in imminent danger of life, refuses or neglects to remove
it from certain death?
The family physician, or any medical man having the
woman's health in charge, who neglects to notify the parents of the probability of miscarriage, and the necessity
of propertreatment; or, on obtaining permission to treat the
case, omits to treat it in a scientific manner, and allows the
miscarriage to occur, becomes, to a certain extent, a criminal, and should be punished, for malpractice at least.
Besides these local lesions, there may be mentioned certain organic diseases, pelvic deformities, etc., which prevent
the birth of a living child at full time, or at any period
after " viability."
In these cases, (happily rare in this country,) the duty of
the parents and physician is unmistakable. If the parents
are aware of the existence of such deformity, it is their
evident duty to prevent the occurrence of conception, and
a neglect to do this, should be punished by law, for by such
neglect, they become, to a certain extent, guilty of criminal
abortion.
If a physician knowing an unmarried woman to be unfit
for childbearing, by reason of physical deformity, or knowing a married woman to be in the same abnormal condition,
and does not protest against the marriage, or the impregnation of such women, he too, becomes culpable for such
omission of duty. How much more does he become culpable, when, after attending a confinement, when the life
of the child had to be taken to save that of the motler, he
neglects to inform the parents of the danger of future pregnancies, or to inform them how to prevent conception!
A perfectly humane law, framed for the purpose of preventing the destruction of the unborn child, should be so
framed as to prohibit marriage in certain cases, and also to
make it obligatory on the-part of the husband and wife to
4




26               HALE ON ABORTION.
prevent conception, when insuperable obstacles to the birth
of living children existed.
SECTION IV.
ACCESSORIES TO THE FACT.
In this class of criminals, may be mentioned several
persons, although the line which divides them from the
accessories before the fact, is difficult to define. The hucsband orparavwur may be said to be of this class, when he
procures the drug or instrument used, and witnesses their
use, and also the occurrence of abortion from such use.
That this is not an unusual occurrence, the annals of
criminal law fully prove. Nor is it uncommon for the
husband or paramour to be a witness of the use of instruments in the hands of abortionists.
Nurses and other persons, may be accessories to the
fact, when they witness the use of drugs or instruments,
and are aware of their effects, and know the results which
follow their use.
I am informed also- that it is a custom among abortionists to supply the woman with some instrument, and witness their actual use, attending only to the removal of the
murdered fcetus. They hope, by this course, to throw the
whole responsibility upon the woman. The law should
make such persons, accessories to the fact, if not a _principal
in the crime.
SECTION V.
ACCESSORIES AFTER THE FACT.
This class has not been recognized among those implicated in a case of criminal abortion.  There is no reason
why an accessory ajter the fact should not be considered
guilty of criminal duplicity.  Any person who shall be
iTnformed of the occurrence of an abortion  criminally
induced, and shall not inform  the proper authorities of
such fact, should be considered as belonging to this class
of ojfenders.
The husband, or other relation, of a woman who has resorted to some means of destroying the fruit of concep



CRIMINAL ABORTION.              27
tion, often becomes acquainted with the fact only after the
deed has been done, and when all efforts at preventing the
occurrence are unavailing.
What is the duty of the husband, or relations, in such a
case? If I should say that they should report such guilt
to the authorities, the public would, perhaps, protest against
what they would term " inhuman cruelty."  Such a denunciation, however, does not answer the question. How does
such a case differ from one in which a person has been informed of a homicide, and locks the secret up in his breast
forever? In, both instances the life of a human being has
been destroyed. What will be offered in mitigation of the
offense first mentioned 2 It may be offered, that the woman guilty of the crime was one's wife, sister or daughter;
that the happiness and honor of the family would be sacrificed; or that conjugal, filial or fraternal love interposed
its powerful influence.
Admitting that these influences are potent, and will always be invoked and obeyed, does it make the offense less
criminal, or the concealed knowledge of the offence morally justifiable a?
What shall we say of the physician, esteemed to be
honorable, upright and conscientious, who is the recipient
of the guilty woman's secret?
What of the clergyman, to whom the woman confesses
the crime in a moment of fear or repentance?
What of the nurse, or female friend, who is called upon
for assistance, and who knows of the occurrence of the
abortion from circumstantial evidence, or from the disclosures of the woman?
What is the moral duty of the persons above mentioned,
who become- possessed of the knowledge of the crime?
What should be the legal duty of such persons, placed
under similar circumstances?
All these questions are pertinent to the subject of this
paper.
When shall an elevated and purified popular sentiment,
or a perfectly just and humane law, answer them fearlessly
and truthfully?




28               HALE ON ABORTION.
SECTION VI.
HOW SHALL THEY BE DETECTED?
The detection of the criminals, whether principals or
accessories, in cases of criminal abortion, is surrounded by
difficulties which seem almost insurmountable. All writers on Medical Jurisprudence and criminal law have recognized the difficulty, and some of the highest authorities state that it is almost impossible to bring the offenders
to justice.
In the case of almost any other crime of equal magnitude, the discovery of the criminals is much easier. Homicide is generally attended by so much violence and confusion, that the evidences are rarely hidden forever from
human eye. The criminals may escape; all clue to them
may, for a time, be lost, but they have left evidence which
cannot be utterly destroyed, except by great pains and
trouble, for which they have not opportunity.
FReticide, on the contrary, is a deed committed in the
darkness. It is shrouded by almost impenetrable shadows.
The veil of secrecy which shuts in the acts of domestic
life, often interposes between the law and the evidence of
the crime. These evidences are easily removed, or utterly destroyed, and the secret of the deed forever hidden in
the breasts of the criminals.  The laws are exceedingly
defective, if not'absolutely inefficient, in respect to ~the
means for the detection of the criminals. Until this is provided for, and the provision carried into effect, all existing
laws are practically null and void.
The law-makers of no State or country have realized the
importance of enacting laws of sufficient scope to cover
the whole ground.
They have contented themselves with a declaration of
the nature of the crime, (and even here have fallen far
short of the demands of justice), the mode of trial, and
the extent of the punishment, leaving the detection of the
criminals to the principles of common law.
But common law is entirely inadequate to meet the requirements of the case. There will have to be some special
legislation to meet the exigencies of this great and intricate crime.




CRIMINAL ABORTION.                29
Neither legal authorities, legislators, or the people, have
ever had an adequate idea, either of the enormity of the
crime, its extent, or its wide-spread prevalence.  It is a
crime of equal enormity with homicide, of more importance
in its consequences, and demands for its prevention a more
stringent law, than any relating to that crime.
The ratio of homicides to foeticides is vastly in favor of
the latter. and yet the laws relating to homicide are far
more perfect than those relating to the other crime.
While we claim but slight acquaintance with the law and
its practice, we shall, nevertheless, freely proclaim our views
on this subject.  A  law  which  shall be perfect in
intent, grounded on right, effectual if enacted, may nevertheless conflict with the present established practice. But
this is no reason why such a law should be thrust aside,
and  regarded  as visionary and impracticable.  Many
of the best and most beneficent laws now in existence were
once considered utopian, and their originators derided.
This should teach us that all just laws emanate from intuitions of a divine sense of justice, and although we refuse to
enact them in the present, the future will certainly call
them into being.
We shall briefly give our views of the general plan of
such a law as we deem necessary, and the means of making it efectual.
We have now no proper oflcers whose duty it is to set
on foot measures for the discovery of the crime, or detection of the offenders in cases of criminal abortion.
In cases of homicide, the enormity of the crime is such
that a general anxiety among the people stimulates the
officers of the law into active efforts; moreover, in most
cases of homicide, the friends of the deceased are active
and untiring in their efforts to bring the murderer to justice.
But in cases of abortion, the people do not appreciate
the enormity of the offence; the popular mind is obtuse
on this subject, and will remain so until it is educated to
realize the truth.  Moreover, in this offence, the deceased
has no friends. All its natural relations are, if not implicated in the matter, strongly indifferent to the detection
and punishment of the murderers.
I believe that the only provision of law that will meet
the demands of justice is, the ap2pointment of a BOARD OF




30               HALE ON ABORTION.
REGISTRATION AND EXAMINATION, in every county and large
city of the United States. This board may be appointed
by the county supervisors, or the mayor and city council.
It should consist of three or five members, and should
be made up of citizens and physicians, and the
physicians should not all be of the same school of medicine.
They should be in session a portion of every month,
in a public office provided for them, which should be accessible at all times, and in charge of a competent and
trustworthy secretary.
They should be paid salaries of such amount as to amply
repay them for their services. (What are a few thousand
dollars to a county or city, if the expenditure aids in suppressing a great social evil ) The duties of this Board
should be:
I. To register the names of all the physicians, nurses,
druggists and chemists in the county or city over which
their jurisdiction extends.
2. To issue licenses to such persons, upon sufficient
proof of their moral standing, professional attainments,
etc.
3. To grant licenses to persons engaged in the manufacture and sale of medicines, chemicals, and surgical instruments, upon sufficient proof that such articles are not
to be used for the induction of criminal abortion.
4. To receive from physicians, nurses and other persons,
weekly or monthly reports of all cases of still-born children, and all cases of abortion occurring between the period
of conception, and full term, stating the age of the fcetus,
the sex, if possible, and the cause of the abortion.  (The
statistics obtained from this source would be immensely
valuable, especially to the medical profession. There is
no occasion for any false modesty or pseudo-delicacy in
this matter.  What is there disgraceful or improper in the
placing on record, or even the publication of cases of abortion, when not criminal?  The record of a miscarriage is
no worse than the record of a natural birth, and the latter
is practiced in all'civilized countries, except in some States
in the Union.)
5. To examine the goods of any druggist or vendor
of medicines, and ascertain if among such stock of goods
there are nostrums, medicines or instruments which are




CRIMINAL ABORTION.                31
used for the purpose of criminal abortion, and if such articles are found, to act in accordance with the special provision of a law made to meet such cases.
6. To examine the stock of books and periodicals of all
kinds for sale by any dealer; also, the newspapers of the
county or city, and if the law prohibiting the publication
of advertisements relating to the means of causing abortion is violated, to report such violation to the proper officers, that they may be dealt with according to the special
requirements of the law.
7. To cause the arrest and prosecution of any physician,
nurse, or other person whom they believe, from observation or upon information, to have been guilty of causing
criminal abortion.
8. To report all cases of violation of the law relating to
criminal abortion, to the grand jury or prosecuting attorney of the county, when there exists doubt as to any point
of law, or upon any question of jurisdiction.
9. To make returns to the prosecuting attorney of the
county, or other proper officer, of all the reports made to
them, every thirty days, or every three months; also, each
and every member should be required to report to the
above named officer any and all cases of fceticide which
may have come to their knowledge, as soon as possible after such information has been received.
In order to make the existence of this board of any
practical value, the following requirements should be incorporated into the law:
1. Every physician, and every person, man or woman,
who pretends to heal the sick, by medicines or otherwise,
should be obliged, under heavy penalty for neglect, to procure a license from the board for the practice of their art.
2. All nurses whose business it is to attend upon the
sick, either of themselves or under the direction of a physician, should be obliged to procure a license as above.
3. All physicians, nurses,and others above named,should
be obliged to make oath that they will truly report all cases of still-birth, or abortion,, of which they have any knowledge; the time of its occurrence, and the alleged or supposed causes thereof within ten days after the occurrence,
or immediately, if the ends of justice are to be benefited
thereby.
4. All dealers in drugs and medicines, or manufacturers




32               HALE ON ABORTION.
thereof, should be obliged to take out license, and make
oath that they will not sell or manufacture any drug, nostrum or instrument which may be used for the purpose of
causing abortion or premature labor, or sell such articles,
unless upon the written prescription of some physician
known to them, which prescription they shall place on file,
for future examination if necessary.
5. Any person cognizant of the occurrence of an abortion,
from any cause, or of the sale of any drug or instrument
for causing criminal abortion, should be obliged to report the
same to the board, or on neglect thereof be heavily fined.
The prosecuting attorney should be made the president
ex-oqcio of the board of registration.
The prosecuting attorney should be obliged, by special
provision of the law, to prosecute all the criminals, in all
cases of fceticide, and for each prosecution a liberal fee
should be granted. This latter clause is important to insure the prosecution of cases of criminal abortion with any
vigor.  At present the  fees  of this  officer are
so small, that, in the absence of high moral impulse, there
is no inducement for him  to take hold of such cases.
There are other reasons why it is almost impossible to
get any assistance of the prosecuting attorney to bring to
trial the criminals in a case of criminal abortion, namely:
the faulty state of public opinion in relation to this subject, and the unpopularity which would be attached to a
prosecution, conducted as it should be.
But if a special law be enacted, obliging him to arrest
and bring to trial all criminals pointed out to him by the
above board of registration, there would be some prospect that the large class of criminals before mentioned
would not go unpunished, and the extent of the crime
perceptibly checked.
SECTION VII.
HOW SHIIALL THEY BE PUNISHED 9
The punishment inflicted by law upon the person found
guilty of causing criminal abortion, at any period of pregnacy, should be fixed and uniform in all the States of the
Union.  The conviction and punishment should not be
dependent upon any evidence relating to the absurd and




CRIMINAL ABORTION.              33
and obsolete distinction of " quick" and not "quick," nor
should the law require it to be proved that the death of
the child was intended; nor that the woman upon whom
the crime was attempted to be committed was actually
pregnant.
The proof of intent and attempt to destroy the fcetus,
at any date of utero-gestation, or even if the attempt be
made upon a woman not pregnant, should be sufficient to
insure conviction and punishment.
In dealing with a crime of such magnitude and frequency, the moral sense of a nation or a State should not allow
the law to distinguish between the actual perpetrator of a
feeticide and one who attempted and desired to commit it.
SECTION IX.
THE PUNISHMENT OF THE CRIMINALS.
In some States the punishment inflicted on a person
found guilty of causing criminal abortion is notoriously
inadequate.
It ranges from imprisonment for ten years or more, down
to incarceration in a jail for three months, and from a fine
of five thousand, to five hundred dollars.
Theoretically, and to meet the highest demands of justice, the punishment of the principals should be the same,
whatever the period of pregnancy is, at which the attempt
is made to commit the crime. Practically, or until the popular sentiment is educated up to the proper point, it may
be impossible to procure a law so stringent and severe. If
any difference in the quality of the punishment is recognized, it should be based on the three physiological stages
of fcetal life, namely:
1. If the crime be committed, or attempted to be committed, in the period from the date of conception to the
end of the third month, it should be designated as embryocide, and the punishment be imprisonment for a term
not less than seven years, and more at the discretion of
the court.
2. If the crime is committed in the period between the
third, and end of the sixth month, it should be designated
as fceticide, and punished by an imprisonment of not less
than fourteen years, or more.
3. If the crime be committed after the end of the sixth
5




34               HALE ON ABORTION.
month, or at the expiration of the period of natural
pregnancy, it should be designated as infanticide, and
punished by imprisonment, not less than twenty-one years,
or for life.
In reality, there is no difference between the destruction
of the child in this last period, and its destruction after natural birth. At the end of the sixth month, and in rare cases
sooner, the fctus is said to be "viable," i. e., is capable of
living separate from its uterine attachments. It is therefore,
physiologically and legally, equivalent to a child after it is
born. It may even be considered equivalent to an adult
human being.:'It is an absurdity to use the phrases " embryotomy,"
and cc craniotomy," or any of the names invented by obstetricians to disguise the real nature of the act. It would
be just as proper to designate the killing of a man " homotomy," as to apply the name " embrytomy," to the justifiable destruction of the fcetus. Perhaps if the right names
were adopted, obstetricians would not so frequently and
needlessly resort to the destruction of the child.
Legal and medical terms should be consistent. If embryocide, fceticide, or infanticide, is ever really necessary, it
should be recorded as justiZfable, and all other names for the
act, abolished by law.
In no instance- should the law of any State or country,
provide for the payment of a fine, as punishment of a principal in the crime.
The acceptance by the government. of a sum of money
as payment, to absolve the criminal, is repugnant to the
moral sense of every good man. It is in fact, nothing
more, or less, than a license to commit the crime. It allows
a distinction in favor of wealth, which should not be permitted by any nation on earth.
SECTION X.
THE ACCESSORIES TO THE FACT.
The laws of nearly every State and country, recognize
the offence of this class of criminals, to be nearly equal in
enormity with the princgpals.
In fact a distinction is rarely ever made, between the




HEIALE ON ABORTION.             35
two classes, but the same penalties and punishments usually
are meted out to both.
For the sake of systematic precision, however, the particeps criminis, and the principals, should be kept separate
in the legal and moral discussion of this subject.
In regard to the punishment of the accessories to the
fact, there can exist no valid reason why it should not be
severe; a little less severe only, than that which should be
visited upon the principals.
SECTION XI.
THE ACCESSORIES BEFORE THE FACT.
A law which did not recognize the great criminality of
this class, and provide for their adequate punishment,
would not come up to the requirements of the age, nor be
in accordance with the demands of morality and justice.
In many States, this class of criminals are not mentioned at all, in the laws relating to criminal abortion. For
this reason such persons escape prosecution, and avoid the
great retribution they deserve.
The English law includes those who " aid, counsel, or
abet," the crime. In France, Austria, Germany, and Italy,
the "advisors and abettors," of the crime, are severely
punished. The only State which has shown any real advancement in this direction, is Massachusetts. The law of
that State distinctly mentions as criminals, all persons who
advise the commission of the crime; or who advertise
medicines, instruments, etc., to be used for the purpose of
inducing abortion. This law was copied after the one reported by Dr. Storer, in 1857, and is the best law now enacted by any State. Some special legislation is needed,
however, before a proper punishment can be visited upon
this class. Manufacturers of nostrums and instruments;
persons who sell them; druggists who unlawfully retail
medicines, such as oil of tansy, gossipium, savin, etc., when
not demanded by a physician's prescription; physicians who
prescribe drugs used for the purpose of causing abortion, or
advise the use of any instruments; publishers who print
advertisements of nostrums, etc., and finally, any person,
who shall advise or instruct a woman in the use of any
means for the purpose of inducing abortion, should be
severely punished in every State and country.




36               CRIMINAL ABORTION.
In the case of manufacturers and dealers, in addition to
a heavy line or imprisonment, the objectional goods should
be seized by the proper authorities, and destroyed or confiscated. Physicians, druggists, nurses, etc., should be
heavily fined or imprisoned, and their licenses revoked,
thus prohibiting them from pursuing a profession or trade
which their criminality had disgraced.
Publishers of newspapers, periodicals, pamphlets, etc.,
should be heavily fined for the first offence, and if it be repeated, the periodical, or any publication, should be suppressed or abated as a public nuisance.
In any case, when, by confession, or otherwise, it is ascertained that any person shall have advised to the deed,
such persons should be punished to such an extent, as to
deter others from alike conduct.
SECTION XII.
ACCESSORIES AFTER THE FACT'.
No law is now in operation, nor has one been suggested,
which provides for the punishment of this class. Yet the
moralist must admit that they are really criminals, to a certain extent. Their conduct may aid directly in the repetition of the crime. They also aid in defeating the ends of
justice.
Shall not the father, husband, relative or friend, be
punished in some manner, for secreting the knowledge of
a feticide from the authorities?
Shall not a physician, or nurse, be punished for similar
conduct a
Although some punishment is evidently right and proper, I shall offer no suggestions, with the exception of the
manner in which physicians and nurses should be punished.
I do not hesitate to assert, that physicians or nurses,
should be obliged to forfeit their license for a period of
time. This would be a sufficient punishment, and prevent
a repetition of the offence. By making the woman apriqncipat in the crime, all information, prompted by malice,
would be provided against. No honorable physician, or
conscientious nurse, need fear the effects of such a law. It
would greatly tend to prevent criminal abortion, and elevate, in a high degree, the standard of the medical profession.




A, P 1  oN D 1 tX -
At my solicitation, C; C. Bonney, Esq., of this city, favored me with a perusal of the manuscript of the foregoing pamphlet, and also with the draft of a law, embodying, as largely as possible, the sentiments therein set forth.
I herewith present a copy of the proposed law, together with
a letter explaining its provisions.  This law does not come
up to my ideas of justice, but is, however, better than any
yet enacted:
CHICAGO, March 25, 1867.
PROF. E. M. HALE; My Dear Sir:
In compliance with your request, I herewith send you a draft of a
proposed act, to define and punish the crime of abortion.  I heartily
approve the views set forth in your admirable treatise on what you,
not inappropriately, term  the "Crime of the Nineteenth Century;"
but, in framing a law, I have, of course, endeavored to conform it to
the existing order of things in criminal jurisprudence.  The principles of the law of homicide; the powers and duties of grand juries
and prosecuting attorneys; the rules of evidence, and the mode of
trial, in criminal cases, are well understood, and, in skillful hands, are
much better adapted to the detection and punishment of crime than
the public generally suppose. The framer of a statute should always
aim, not to specify details, but to declare general rules, under which
the details may be conveniently arranged by the judiciary in the administration'of the law. And it seems to me that the means suggested in the accompanying draft would be found sufficiently stringent
for practical purposes, and at the same time free from any provision
calculated to excite the opposition of either the medical profession or
the public.
Very respectfully and truly yours,
CHARLES C. BONNEY,
AN ACT CONCERNATING THE CRIME OF ABORTION.
SECTION 1. The human embryo is a human being, from the date of
its conception; and its destruction, without just cause, is a criminal
offense.  Criminal abortion is the willful and felonious destruction of
the life of an unborn child, at any time between the date of conception and the date of delivery. Justifiable abortion is the destruction
of the life of an unborn child, for the purpose of saving the life of
the mother, or or to prevent serious bodily injury to her. (A.) All
persons who shall willfully take any active part in the procurement or
perpetration of the offense of criminal abortion, shall be deemed principals, and punished accordingly, including the woman on Whose perNOTE.-A. See sections 32, 33. 34, of Illinois Statute of Criminal Jurisprudence,
concerning justifiable homicide.




38                          APPENDIX.
son the abortion be perpetrated, in case she shall foloniously consent
thereto. Every person who shall be guilty of'the crime of abortion,
shall, upon conviction thereof, be punished' by imprisonment in the
penitentiary for such term as, in the opinion of the court, the circumstances shall warrant and the public welfare require. (B.)
SEC. 2. An accessory to the crime of abortion is one who, knowing
that the crime is about to be attempted, promotes the same, by counsel or otherwise, without active participation therein; or who, knowing that the crime has been committed, feloniously concurs therein,
and aids in its concealment. All such accessories shall, on conviction
of such offence, be punished by fine, and imprisonment in jail, or
either of them, in the discretion of the court.
SEC. 3. The public advertisement for the sale of any drug or instrument, designed to be used for' the purpose of producing abortion,
is contrary to the policy of the law, and is hereby declared to be a
high misdemeanor.  Such drugs and instruments may be lawfully sold
by druggists to physicians, or to other persons, upon the prescription
of a physican. If any person, whether manufacturer, merchant, pub-'
lisher, printer, editor, or agent, shall willfully be a party to' the printing or publishing of any advertisement, hand-bill, or announcement,
which shall be calculated to induce persons who may desire to commit
the crime of abortion, to purchase any drug or instrument to be used
in the perpetration of that offence, the person so' printing or publishing shall, on conviction thereof, be fined in such sum, and imprisoned
for such term, and required to enter into such bonds, as the court shall
deem sufficient to suppress the evil, and deter others from committing
the like offence.
SEC. 4. Every physician, every surgeon and every retail druggist
shall, during the month of January in each year, apply to the clerk of
the county court for a license to pursue their respective avocations;
and such license shall be granted, on compliance with the following
conditions, and not otherwise, namely: The applicant shall file with
such clerk an affidavit, setting forth what study and experience has
fitted him to carry on the business he desires to follow; and, also,. setting forth that, during his previous residence in the county, he has
faithfully reported to the State's attorney every case of criminal abortion, if any, that has come to his knowledge. And if any person shall
attempt to carry on the business of a physician, or surgeon, or retail
druggist, without such license, he or she, on conviction thereof, shall
be punished by such fine and imprisonment and both, or any or either
of them, as the court shall deem sufficient to effectually suppress the
evil, and prevent a repetition of the offence. A copy of this act shall
be printed on the back of every such license; and said license shall
be constantly exposed to view, in the place of business of such physician, surgeon, or retail druggist, under penalty of such fine as the
court, on conviction, shall, in its discretion, inflict. False swearing in
such affidavit shall be deemed perjury, and punished accordingly.
SEC. 5. Every judge of a court having jurisdiction of the offences
specified in this act, shall, at least at the first term of his court, which
NOTE. —B. My observations have given me an inveterate prejudice against the usual legislative regulations of maximum and minimum penalties. Under them,the great criminals
frequently escape without just punishment, and the minor offenders suffer too severely.




APPENDIX.                                 39
shall be holden after the first day of January in each and every year,
especially charge the grand jury concerning the investigation and presentment of such offences.
Compare the high moral tone of the above, with the following amended law of the State of Illinois, which,
although infinitely better than the old law, is worthy no
better name than a disgrace to  our Statute books, and to.the Legislature which enacted it. It is due to the people
of this State, that a law similar to, or identical with the
one proposed by Mr. Bonney, be enacted at the next session
of our Legislature.
AN ACT TO AMEND TIIE CRIMINAL CODE OF THE STATE IN RELATION TO
ABORTION.
Be it enacted by tew. People of the State oqf Illinois, represented in the General Assembly:
SEBTION 1.  If any person shall, by means of any instrument or
instruments, or any other measure whatever, cause any pregnant woman to miscarry, or shall attempt to procure or produce such miscarriage, the person so offending, shall be deemed guilty of a high misdemeanor, and upon conviction thereof, shall be confined in the penitentiary for a period not less than two, nor more than ten years.
SEC. 2. If any person shall, in the attempt to produce miscarriage
of a pregnant woman, thereby cause and produce the death of such
woman, thd person. so offending, shall be deemed guilty of murder, and
shall be punished as the law requires for such offence.
SEC. 8. The provisions of this act shall not apply to any person
who procures, or attempts to produce the miscarriage of any pregnant
woman for bonafide medical, or surgical purposes.
SEC. 4. This Act shall be in force, from and after its passage.
APPROVED, February 28th, 1867.
TESTIMONY RIELATING TO JUSTIFIABLE F(ETICIDE.
For the purpose of obtaining the testimony of the most eminent physicians
of our school, as to the frequency of- justifiable fneticide, i. e., the destruction of the
child at any date of pregnancy, I have written to the Professors of Obstetrics and'Diseases of Women, in our Medical Colleges, and also to many other physicians who had
occupied that position, or whose large experience would be valuable.
The following testimony from those gentlemen will show how rarely the life of the
child need be sacrificed, to save the life of the mother, or to rescue her from serious injury.
Professor John Ellis, of New  York, writes:  "I have never been obliged
to cause miscarriage,  abortion, or premature labor, either for the purpose
of saving the life of the mother, or rescuing her from imminent danger. In two instances I have carried the mother safely through, and delivered her of a
healthy living child, when the physician previously in attendance had declared such a
result impossible."
Prof..H. N. Guernsey, of Philadelphia, states that but once, in all his professional life,
has he been obliged to destroy the product of conception to save the life of the mother,
and that was at " term," in consequence of pelvic deformity. In one of his lectures,
the same Professor asserts that " all abortions can be prevented," and also " unnatural
labor rendered normal."




40                                APPENDIX.
Prof. John C. Saunders, of Cleveland, writes: " I have never yet had but one case
demanding, for the safety of the mother, the destruction of the embryo, and never one
requiring premature labor."
Prof. -A. E. Small, of Chicago, informs me that he has never been obliged to destroy
the feetus but twice, and that after due consultation, and to save the life of the mother.
The operation in each instance was that of craniotomy at "full term;" cause: extreme
deformity of the pelvis.
Prof. R. Ludlam writes: " In reply to your inquiry as to how often I'have been
obliged to destroy the life of the feetus, in utero, at any date of pregnancy, in order to
save the life of the mother, or to rescue her from imminent danger,' I am happy to state
that, in my experience, it has never been necessary. In the light of recent improvements in the Art of Midwifery, and in such communities as those in which we practice,
it must be true that such an expedient is very seldom demanded."
Dr. J. S. Douglas, of Milwaukee, states: " I have practiced medicine over 40 years,
much of the time having a large obstetric practice.  During all this time, it has been
my good fortune not to meet with a single instance in which I deemed it necessary to
resort to the destruction of the fcetus, in order to save the life of the mother, or to rescue her from danger. I have had applications from many, who have desired me to destroy the feetus, on the ground that various physicians had assured them that they could
not survive another labor at " full term." The result has never justified the prediction. I have several times stood alone against the opinion of two or three others,who believed this step necessary, but my opinion has been always justified by the result."
Dr. Samuel Gregg, of Boston, informs me that he cannot recollect of but one case in
which he deemed it necessary, or indispensable, to save the life of the mother. The
woman had suffered the most agonizing gastritis, she was emaciated to a skeleton,
"' and when I found no remedy effectual, abortion was recommended and produced,
but the patient died in a few days after. Whether life might have been preserved by an
earlier resort," he says he does not pretend to say.
Dr. J. H. Pulte, of Cincinnati, writes, that " In a professional activity of more than
thirty years, during which time I was more or less engaged in obstetrical practice, I
never met with a case which required, at my hands, the destruction of the feetus, at any
date of gestation, except in a few cases, when towards the end of parturition, perforation and excerebration were indicated, but this only after the death of the fcetus was
believed to be inevitable."
Dr. Geo. E. Shipman, of Chicago, states that, in an extensive practice of twenty years,
he has never found it necessary to induce justifiable " abortion."
Dr. T. G. Comstock, of St. Louis, writes as follows: " Since 1849, when I commenced
the practice of medicine, I have attended over three hundred cases of labor, besides
nearly as many more cases of miscarriages, or abortions. In all of the above three hundred cases of labor, I have only been obliged in one single instance to sacrifice the life
of the child to save that of the mother." This case was one of convulsions occurring
during labor. The head of the child was so disproportionately great, that craniotomy
had to be resorted to.
Dr. Wm. H. Holcombe, of Louisiana, states that, in an extensive practice of many
years, he has never been obliged to induce an " abortion," but he probably restricts the
term to the period before viability.
My own experience may be briefly stated. In a quite large obstetric practice, extending through nearly sixteen years, I have been obliged to cause the destruction of the
ftetus but four times, and in each instance it was done to save the life of the mother.
~First case. In the second month of pregnancy, a retroversion of the uterus occurred,
from jumping from a carriage. I was not called until five days after the accident. The
uterus was greatly inflamed; the evacuations from the bladder and bowels obstructed;
all the means known then for replacing the uterus by external force was resorted to, aided by internal medicines to reduce the inflamation. All were of no avail, and the woman
was fast sinking. As a last resort, the sound was introduced, and the organ replaced.
Abortion was, of course, caused, but the patient rallied, and made a good recovery.
Second case. A retroversion in the third month, accompanied by the most agonizing
pains, and continued convulsions. All external means failed, and the sound was used.
The patient was convalescent in a few days.
In both of these cases abortion was inevitable, but the woman might have died while
I was waiting for the occurrence.
Third case. In this instance severe vomiting had existed for months. The woman
was dying of exhaustion; the vomited matter consisted of dark, grumous, bloody
fluids. After consultation with another physician, abortion (at the fifth month) was recommended and performed. The feetus was expelled with very little loss of blood; the
vomiting ceased; the woman slowly rallied, and finally recovered.
Fourth case was one in which terrible convulsions occurred, at the sixth month, in
connection with a gastritis and obstinate bloody vomiting, which had lasted for months.
The convulsions so threatened the life of the mother, that, after a consultation, it was
deemed impossible to wait until " viability." Premature. labor was induced, the convulsions and vomiting ceased, and the patient recovered.