Anthony Comstock, Abortion, and the Arrest of Madame Restell

Anthony Comstock arrested many people, but perhaps none was so famous as Madame Restell, whom he arrested on February 11, 1878, for selling contraceptives and abortifacients. Because Restell remains best known as an abortion provider, and because Comstock succeeded in passing a federal statute that bears his name, one might assume that abortion occupied a central place in his campaign, or that Restell was arrested for performing an abortion. Neither is completely accurate. By taking the arrest of Restell as a case study, this post considers the various legal modes by which Comstock did his work, and the way he understood abortion as related to his greater campaign against obscenity and sexual license.

Robert W. McAfee: The Comstock of Chicago

By the end of the nineteenth century, nearly every state had enacted or revised some sort of anti-obscenity statute, and eight of the country’s ten largest cities had an anti-vice society. This blog post spotlights one understudied arm of the apparatus: Robert W. McAfee. Although McAfee never rivaled Comstock’s prominence in the press and in public imagination, he was instrumental to the expansion and daily operation of the Comstock regime across stretches of the Midwest, Upper South, and Great Plains.

Abortion, Contraception, and the Comstock Law’s Original Medical Exemption, 1873-1936

The Comstock Act of 1873 was not meant to be, nor did it ever function as, a total abortion ban. This fact is important to emphasize in our current political moment because those who want to revive the statute have argued that the Comstock Act is an existing (if dormant) law that already bans abortion on a federal level. They have also argued that the law completely outlawed abortion in the past. The statute’s legislative and enforcement history, however, tells a different story. It was first and foremost a law about obscenity and sexual purity.

“The most doctored woman in New York”: Medical Professionalism and Surveillance in the Career of Detective Frances Benzecry

Professionally known as Belle Holmes, between 1905 and 1916 Benzecry led the Society’s efforts to rid New York City of unlicensed medical practitioners. In the words of one newspaper feature, Benzecry investigated “fortune tellers with wonderful charms, unguents, herb teas, and lucky pieces; prophets with direct messages to go a-healing from the blue empyrean itself; practitioners of strange cults, with names especially coined for the occasion; practitioners who are shielding their own irregular practices by the dishonored cloak of graduate physicians.”

T. Wah Hing, Chinese American Herbalist and Abortionist  

In 1909, T. Wah Hing was indicted for feticide. At that time, forty-year-old Hing had been practicing traditional Chinese medicine for more than two decades in a home and office on J Street, between Seventh and Eighth in Sacramento, that he shared with his father, an immigrant from China who went by the same name. Chinese doctors practicing in the United States like T. Wah Hing terminated unwanted pregnancies for their patients when abortion was illegal and the American Medical Association (AMA) officially opposed its practice.