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.

Comstock, Reconstruction Politics, and Moral Surveillance

It is best to think of Anthony Comstock’s campaign against vice as a response to Reconstruction that afflicted the nation long after that period was over. Comstock’s rise in the 1870s was not organic; it was backed by wealthy patrons engaged in intense political fighting over issues such as racial equality, taxation, and democracy. And although Comstock began by arresting vendors of so-called obscene goods, he soon expanded his portfolio, pursuing folks of every race and gender engaged in erotic, profane, or blasphemous correspondence.

Anthony Comstock and the Comstock Laws: A JGAPE Forum Preview

This blog series aims to provide vital historical context for those seeking to understand the modern revival of Anthony Comstock and his namesake law. The Comstock Act has never been repealed and remains part of Sections 1461 and 1462 in the United States Code, although many Americans have little to no idea about the details of this law, if they have even heard of it. Anthony Comstock himself seems like an odd joke today: a repressed, puritanical, anti-sex reformer and a relic of a bygone past. And yet, because the act has been revived as a strategy for limiting access to reproductive healthcare, Comstock is no joke.

New Light on the Progressive Movement

The progressive period, much like our own times, was an era of tension, change, and new ideas and policies replacing old ones. Historians’ attention has focused mostly on progressivism at the national level. Federal-level reform naturally gets highlighted due to its nationwide impact, but the states often set the pace and were the proving ground and prototypes for regulation later enacted at Washington.

Excavating the Colonial War on D.C. Alleys in the Making of Imperial Washington

Simultaneously a symbol for the nation and a longtime major Black city without political representation, Washington, D.C., has appeared to many—in the words of blues poet Gil Scott-Heron—as “a ball of contradictions” between affluent white political elites “who come and go” and the predominantly Black poor and working-class “who’ve got to stay.” Perhaps nowhere is this entanglement better illustrated than the McMillan Plan’s Progressive Era redesign of “Imperial Washington” made possible by the racialized slum clearance of the Metropolitan Police Department’s “war on alleys” at the turn of the twentieth century.

New York Police Commissioner Arthur Woods, “Progressive Policing,” and the Wiretapping Scandal of 1916

New York City’s mayoral election of 1913 swept a young reformer, John Purroy Mitchel, into office as the candidate of the Fusion Party. His police commissioner, Arthur H. Woods, pledged to solve the crime problem and quell public disturbances by instituting a series of police reforms based on the progressive principles of “scientific management.” However, one of these initiatives—use of a police wiretapping unit for the clandestine gathering of information—led to a public scandal and contributed to the downfall of the reform movement in New York City.

Regulating Freedom in Georgia’s County Court

During the two centuries before 1865, the U.S. South was governed by and for slaveholding planters. Southern law gave these enslavers almost total authority over the lives of enslaved people. The Civil War, however, destroyed the legal institution of slavery and, with it, the legal power of the slaveholder. Southern states faced the question of how to maintain the cotton economy without slavery. Their solution was to transfer the legal power over Black Southerners that had been held by slaveholders to the state.

Women’s “Chilly Path” to the New York Judiciary

In 1919, two years after women secured suffrage in New York, a pair of the country’s most distinguished and prominent women lawyers sought positions in New York City’s judiciary. Only one succeeded. Jean Norris was appointed to a low-level criminal court position focused on prostitution and family disputes, making her the state’s first woman judge. Heralded as an early step in women’s political empowerment, the selection seemed to be an unambiguous stride forward in women’s rights.

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.

Labor Reformer George Gunton and a Progressive Era Divorce Scandal

historians. So when I came across a story of divorce and abandonment involving economist George Gunton, one of my research subjects, my work received some personal background that I didn’t expect. In piecing together newspaper reports and letters that George’s wife Amelia sent to Columbia University professor Edwin Seligman, I found out that Gunton had been illegally married to two women at the same time, deserting Amelia and leaving her nearly destitute.