Crime and Punishment in American History - Lawrence M. Friedman [325]
69 Hobson, Uneasy Virtue, p. 32.
70 Quoted in Ruth Rosen, The Lost Sisterhood: Prostitution in America, 1900—1918 (1982), p. 5.
71 These nice women, of course, were white, middle-class women. Black women in the deep South, both before and after slavery, were “an outlet for male sexual drives that would otherwise pollute white womanhood” (Rosen, Lost Sisterhood, p. 6).
72 John C. Schneider, Detroit and the Problem of Order, 1830—1880 (1980), pp. 103—4.
73 Matthew Hale Smith, Sunshine and Shadow in New York (1880), pp. 371—72; see also George T. Kneeland, Commercialized Prostitution in New York City (1913; reprint ed., 1969), especially chap. 7.
74 L’Hote v. New Orleans, 177 U.S. 587 (1900).
75 Wunsch, “Prostitution and Public Policy,” pp. 91—93.
76 See, in general, James C. Mohr, Abortion in America: The Origins and Evolution of National Policy (1978), on which much of this account is based; see also Reva Siegel, “Reasoning from the Body: A Historical Perspective on Abortion Regulation and Questions of Equal Protection,” Stanford Law Review 44:261 (1992).
77 Mohr, Abortion in America, p. 21; Conn. Rev. Stats. 1821, Title 22, sec. 14, p. 152.
78 Rev. Stats. N.Y. 1829, Vol. 2, p. 694; see also the similar provision (p. 661) that specifically speaks of a “woman pregnant with a quick child.”
79 Ellington, Women of New York, pp. 408—9.
80 Mohr, Abortion in America, chap. 6.
81 Quoted in Ellington, Women of New York, p. 411; the minister went on to cry out: “O women of America! ... are you to see foreigners rear up large families . . . while you . . . refuse to meet the high responsibilities and the holy joys which God lays at your feet?” Ellington himself grumbled that “It is not considered fashionable to have children. It intereferes with the round of dissipation of the stylish woman” (p. 410).
82 Charles Sutton, The New York Tombs: Its Secrets and Its Mysteries (1874), pp. 359—60.
83 Quoted in Siegel, “Reasoning from the Body,” p. 298.
84 Sutton, The Tombs, pp. 364—65.
85 Brooklyn Daily Eagle, Dec. 6, 1918, p. 5.
86 Katherine K. Christoffel and Kiang Liu, “Homicide Death Rates in Childhood in Twenty-Three Developed Countries: U.S. Rates Atypically High,” Journal of Child Abuse and Neglect 7:339 (1983).
87 See, in general, Lionel Rose, The Massacre of the Innocents: Infanticide in Britain, 1800—1939 (1986).
88 Digest Laws N.J., 2d ed., 1855, p. 163.
89 Mary Gardner’s Case, 5 City-Hall Recorder 70 (1819). The judge thought that “wilful violence from the mother” was the real cause of death; but the jury went its own way.
90 Edward Crapsey, The Nether Side of New York: or the Vice, Crime and Poverty of the Great Metropolis (1872), p. 123. After 1870, according to Crapsey, the situation changed, because of the new “Foundling Asylum,” where “a larger proportion . . . survive to become public burdens.”
91 Warren, Thirty Years’ Battle, pp. 167—68.
92 Gordon, Heroes of Their Own Lives, p. 44.
93 George Ellington devotes a chapter of his book to “infanticide in the great metropolis,” but what he is talking about is abortion. He does, however, mention the baby farms, “temples of the innocents,” where babies are either given out for adoption, or (if not adopted) starved to death or otherwise gotten rid of. Ellington, Women of New York, chaps. 33, 39.
94 Roger Lane, Roots of Violence in Black Philadelphia, 1860—1900 (1986), pp. 129—30. Lane reports that the “official cases were only a small fraction of the number which really occurred”; as in London, hundreds of infants “were found dead every year in the streets, lots, and cesspools.”
95 Lawrence M. Friedman and Robert V. Percival, The Roots of Justice: Crime and Punishment in Alameda County, California, 1870—1910 (1981).
96 Edward L. Ayers, Vengeance