The Shift in Abortion Policy in the 1800s

The Shift in Abortion Policy in the 1800s

"In 1800 no jurisdiction in the United Sates had enacted any statutes whatsoever on the subject of abortion... Yet by 1900 virtually every jurisdiction in the United States had laws upon its books that proscribed the practice sharply and declared most abortions to be criminal offenses" (Mohr p. VII).

Societal Changes from the Early 1800s to the Mid 1800s

During the early 1800s, abortion at the beginning of a pregnancy was neither immoral nor criminal. Common law held that before 'quickening,' the first perception of fetal movement by the mother, usually during the second trimester, the fetus was not alive or independent. After quickening abortion was a criminal offense, because the fetus had demonstrated the beginnings of independent life (Mohr p. 1). Since the point of quickening varied from woman to woman and depended upon her word, it was near impossible to prosecute criminal abortions (Mohr p. 2). Most of the laws of the early 1800s were aimed not at prosecuting women for obtaining an abortion, but rather to protect them from medical malpractice such as poisoning, physical harm, and unwanted abortions (Mohr p. 21, 28) (see mollie smith case link).

Information on abortion was available to women primarily through home medical manuals and journals. Abortion information was usually available in two sections of home medical books: how to ?release obstructed menses? and ?dangers? to avoid during pregnancy. The latter section was a sort of how-to in reverse that could be effectively put to use by the reader. The most widely consulted work, Buchan's Domestic Medicine, advised emetics and a mixture of prepared steel, powdered myrrh, and aloe to ?restore menstrual flow.? Under caus...

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...tives, sixth ed. Worth Publishers. 2001

Mohr, James C. Abortion in America: The Origins and Evolution of National Policy, 1800-1900. Oxford University Press: New York, New York. 1978.

New York Times, Aug 23 1871, Aug 27 1871, Aug 30 1871, Aug 31 1871, Oct 29 1871.

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Starr, P. Medicine, "Economy and Society in Nineteenth century America," Journal of Social History. 1977. pp10, 588-607.

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