2.—Infanticide and Abortion.

Fear of poverty and doubts as to whether it will be possible to bring up the children suitable to their station in life, cause many women of all classes to commit deeds that are averse to the laws of nature and to the laws of organized society as well. Such deeds include the various methods to prevent conception, and when this has occurred nevertheless, artificial abortion. It would be a mistake to assume that such methods are resorted to only by frivolous, unscrupulous women. They are, on the contrary, frequently resorted to by conscientious wives, who feel that they must limit the number of offspring and rather submit to the dangers of abortion, than to deny themselves to their husbands and thereby drive them to the devious paths. Other women again take this step to conceal a “sin,” or because they abhor the discomforts of pregnancy, child-birth and motherhood, or because they fear that their physical beauty will be impaired and that they will accordingly seem less attractive to their husbands and to men in general. These women readily obtain medical and surgical aid at high prices.

Artificial abortion seems to be practiced more and more. It was frequently practiced among the ancients and is practiced to-day among both civilized nations and savages. The old Greeks practiced it openly, without any legal restraint. Plato regarded it as within the province of the midwife, and Aristotle permitted it to married people when a pregnancy that was not desired took place.[60] According to Jules Ronyer, the women of Rome practiced abortion for several reasons. In the first place they wished to conceal the results of their illegitimate relations; secondly they wished to indulge in uninterrupted excesses, and thirdly they sought to avoid the detrimental effects of pregnancy and child-birth upon their beauty.[61] Among the romans a woman was considered old when she attained the thirtieth year, and the women therefore shunned everything that was likely to make them age more quickly. During the mediaeval ages abortions were punishable by severe penalties, in some instances even by capital punishment, and a free woman who had practiced it became a serf.

At the present time abortions are practiced chiefly in Turkey and in the United States. “The Turks do not regard a foetus as being really alive until after the fifth month, and have no scruple in causing its abortion. Even at later stages, when the operation becomes criminal, it is frequently practiced. In 1872 at Constantinople, more than three thousand cases of abortion were brought before the courts in a period of ten months.”[62]

More frequently yet it is practiced in the United States. In all the large cities of the union institutions exist where women and girls can go to bring about premature birth. Many American newspapers contain advertisements of such places.[63] In some strata of American society an artificial abortion is discussed as openly as a regular confinement. In Germany and other European countries it is regarded in a different manner, and according to German law both the perpetrator and the accomplice may be punished by imprisonment. Abortion is often followed by the worst results; not infrequently it results in death, and in many cases it means the permanent destruction of health. “Dangers from the most unfavorable pregnancy and child-birth are less great than from artificial abortions.”[64] Sterility is the most frequent result. Nevertheless the practice is becoming more frequent in Germany also. The following number of persons were convicted of criminal abortion: From 1882 to 1886, 839; from 1897 to 1901, 1565; from 1902 to 1906, 2236.[65] During recent years several cases of criminal abortions created a sensation, because distinguished physicians and prominent society women figured in these cases. Judging by the advertisements in German newspapers, there also is an increase of those places and institutions where married and unmarried women are given an opportunity to await the results of their wrong-doing in absolute secrecy.

The fear of a too numerous progeny in consideration of the economic status and the cost of education has caused the introduction of preventive measures among entire classes and nations and has gradually developed into a regular system that threatens to become a public calamity. It is a wellknown fact that almost all strata of French society abide by the custom of limiting their offspring to two children. Few civilized countries have as high a marriage rate as France; but notwithstanding this fact, in no other country the birth rate is as low and the increase of population as gradual. The French bourgeoisie, the peasantry and the working class, all abide by this custom. In some parts of Germany the conditions among the peasantry seem to have lead to a similar state of affairs. In a picturesque region in the south-western part of Germany, a certain species of tree, which furnishes an ingredient for an abortive remedy, is grown on every farm. In another region the peasants have long since followed the custom of limiting their offspring to two children; they do not wish to divide up their farms. Another noteworthy fact is the marked increase in the publication and sale of literature discussing and recommending means for optional sterility. Of course, these books are always clothed in “scientific” garb and invariably point to the threatening danger of excess of population.

Besides the prevention of conception and artificial abortion, crime also plays a part. In France child exposure and infanticide have increased as a direct result of French civil law, according to which it is interdicted to investigate paternity. The “Code civil” provides that “La recherche de la paternité est interdite,” but “la recherche de la maternité est admise.” This law forbids to search for a child’s father but permits to search for its mother. With brutal frankness it thus proclaims injustice to the unfortunate girl who has been seduced. The men of France may, by the provision of this law, seduce as many girls and women as they please; they are freed from all responsibility and do not have to contribute anything to the support of their illegitimate children. This law was framed under the pretext that women must be deterred from seducing men. We see, everywhere it is the poor, feeble man,—although his is the strong sex,—who never seduces but always is seduced. The result of this paragraph of the “Code civil” was the framing of another paragraph which provides that “L’enfant conçu pendant le marriage a pour père le mari” (the husband is father to every child conceived during marriage). While it is forbidden to search after a child’s father, deceived husbands must regard children as their own, that have sprung from illicit relations their wives may have maintained. We must admit that the French bourgeoisie is at least consistent. Until now all attempts to repeal these obnoxious laws have failed. On the other hand the French bourgeoisie seeks to atone somewhat for the cruelty of preventing women, who have been deceived, from seeking financial aid from the fathers of their children, by establishing foundling institutions. Thus the new-born babe is deprived not only of its father but of its mother as well. According to the French conception foundlings are orphans, and the French bourgeoisie thus permits its illegitimate children to be reared as “children of the nation” at the expense of the state. A wonderful institution!

Lately French methods have been copied in Germany. The new German civil law contains provisions in regard to the legal status of illegitimate children, that are in contradiction to the more humane laws that were in force heretofore. One paragraph states that “an illegitimate child and its father are not regarded as being related,” while Emperor Joseph II had already decreed that legitimate and illegitimate children should be equal before the law. Another paragraph states that “an illegitimate child is fatherless if its mother maintained relations with several men at the time of conception.” The child is made to suffer for its mother’s frivolousness, weakness or poverty. Frivolous fathers are not taken into consideration by the law. The law concerning illegitimate children furthermore provides: “it is the mother’s right and duty to care for the person of the illegitimate child. The father of the illegitimate child is obliged to provide for same until the completion of its sixteenth year, in accordance with the social status of the mother.” According to former Prussian law, the seducer was obliged to provide for the child in accordance with his own social status and wealth. If the woman had been seduced with the promise of marriage, she was entitled to all the rights of a divorced wife, and in those cases the illegitimate children were regarded as legitimate before the law. These more just and humane provisions have now been dispensed with. The tendency of German legislation is a retrogressive one.

During the period from 1831 to 1880, 8568 cases of infanticide were tried before the French court of assizes. This number increased from 471 during the years 1831 to 1835 to 970 during the years 1876 to 1880. During the same period 1032 cases of criminal abortion were tried, 100 of these during the single year 1880. It goes without saying that only a small number of the artificial abortions actually practiced ever come to the notice of the courts. As a rule only such cases are brought to public attention that result in severe illness or death. The rural population furnished 75 percent of the infanticides, and the urban population furnished 67 percent of criminal abortions. The women residing in cities have more means at hand to prevent normal child-birth; therefore the cases of abortion were numerous and the cases of infanticide relatively few. In the rural districts the inverse ratio prevails. In Germany the following number of persons were convicted of infanticide: from 1882 to 1886, 884; from 1897 to 1901, 887; from 1902 to 1906, 745.

This is the picture presented by present day society in regard to its most intimate relations. It differs considerably from that picture which is usually drawn for us by poetic visionaries, but it at least has the advantage of being true. Yet the picture is incomplete; a few characteristic features must still be added.