Dr. Abraham Jacoby, beloved dean of the profession, in accepting the

presidency of the Academy of Medicine, had backed birth control, and

through Dr. Robinson’s endeavors a small committee had later been formed

to look into it. From the reports that had come to me I could not

discover whether any harmonious agreement that the subject lay within

the province of medicine had been made. To my inquiry Dr. Robinson

replied that the committee had met only once and he considered I could

expect no support from them. He enclosed a check for ten dollars towards

the expenses of my trial.

Here were two disappointments to face. Both these organizations had

seemed so well suited to continue progress: one to change the laws, the

other to take proper medical charge. Neither had fulfilled my hopes and

therefore I felt I had to enter the fray again. My burning concern for

the thousands of women who went unregarded could apparently find no

official endorsement; birth control was back again where it had started.

I was convinced I had to depend solely upon the compassionate insight of

intelligent women, which I was certain was latent and could be aroused.

But these problems were suddenly swept aside by a crisis of a more

intimate nature, a tragedy about which I find myself still unable to

write, though so many years have passed.

A few days after my arrival Peggy was taken ill with pneumonia. When Mr.

Content telephoned to say I had better come down and talk it over, I

could not go. He was extremely kind, assuring me there was no hurry and

he would postpone the trial until I was free. This allowed me to devote

my whole attention and time to her.

Peggy died the morning of November 6, 1915.

The joy in the fullness of life went out of it then and has never quite

returned. Deep in the hidden realm of my consciousness my little girl

has continued to live, and in that strange, mysterious place where

reality and imagination meet, she has grown up to womanhood. There she

leads an ideal existence untouched by harsh actuality and disillusion.

Men and women from all classes, from nearly every city in America,

poured upon me their sympathy. Money for my trial came beyond my

understanding—not large amounts, but large for the senders—from miners

of West Virginia and lumbermen of the North Woods. Some had walked five

miles to read _Family Limitation_; others had had it copied for them.

Women wrote of children dead a quarter of a century for whom they were

still secretly mourning, and sent me pictures and locks of hair of their

own dead babies. I had never fully realized until then that the loss of

a child remains unforgotten to every mother during her lifetime.

Public opinion had been focused on Comstock’s activities by Bill’s

sentence, and the liberals had been aroused. Committees of two and three

came to request me to take up the purely legislative task of changing

the Federal law. Aid would be forthcoming—special trains to Congress,

investigations, commissions, and victory in sight before the year was

over! It was tempting. It seemed so feasible on the surface, so much

easier than agonizing delays through the courts. Many others advised me

just as before that in pleading guilty I was choosing the best field in

which to make my fight.

One of those to urge me towards a middle course was Max Eastman, who

possessed an unusual evenness of temper and tolerance towards all who

opposed him as well as a keen mind and keen imagination which followed

hypotheses to logical conclusions. This soft-voiced, lethargic poet,

mentally and emotionally controlled, had too great a sense of humor and

ability in visualizing events in their proper perspective to advocate

direct action.

Max made an appointment for me to see Samuel Untermyer, authority on

constitutional law and a person to whom liberals turned because of the

fight he had put up against the trusts; he might straighten out the

legal aspects. I found him enthroned in his luxurious office amid the

most magnificent American Beauty roses—dozens and dozens and dozens.

With his piercing eyes and head too large for his frame, he appeared a

disembodied brain. Though the appointment had been made with

difficulty—writing and telephoning back and forth through secretaries to

be verified—time now was nothing to him. He was so smooth, so courteous,

so sympathetic, so unhurried; he seemed to understand and to be ready to

lift the load of legal worry from my mind.

Picking up the telephone, he said, “Get me Mr. Content.” Then, “Harold,

come on over to my office and bring your record on Mrs. Sanger.”

When the District Attorney had arrived, Mr. Untermyer’s whole voice

changed. He spoke sternly to the young man. “Why, Harold, what are you

trying to do—persecuting this little woman, so frail and so delicate,

the mother of a family? You don’t want to put her behind bars, do you?

She’s doing a noble work in the world and here you are behaving like

this! Are you representing the Government or are you merely prejudiced

in your own behalf?”

Mr. Content replied respectfully, “Well, Mr. Untermyer, we don’t want to

prosecute Mrs. Sanger, but we want her to promise to obey the law.”

“Has she broken the law?”

“We have positive proof that she has violated it on a very large scale.”

Mr. Untermyer immediately assured him, “Why, of course, she’ll promise

not to break any more laws. Is that all it is? You just quash that

indictment and forget about it.”

Mr. Content left. Mr. Untermyer turned to me genially and said, “Well,

you see? We’ve fixed that up.”

“What’s going to happen? The law will be the same, won’t it?”

“Why, yes.”

“What was that you said about a promise?”

“Oh, yes, write me a letter saying you won’t break the law again.”

“I couldn’t promise that, Mr. Untermyer.”

“What?”

“No, I couldn’t do that. The law is there. Something must happen to it.”

“The law may not be what it should be, but you’ll never get anywhere by

violating it. It must be changed by legal methods; gather all your

friends and go to Congress.”

Again I stated my position. The law specified obscenity, and I had done

nothing obscene. I even had the best of the Government as regarded the

precise charge. I had not given contraceptive information in the _Woman

Rebel_, and therefore had not violated the law either in spirit or

principle. But I had done so in circulating _Family Limitation_, and

that would inevitably be brought up. I really wanted this, so that birth

control would be defined once and for all as either obscene or not

obscene.

Mr. Untermyer took down one of his ponderous books and read over the

section in question. Again he said, “The evidence is that you have

violated the law. We don’t separate the spirit from the letter. It is

all there. It seems to me that pleading guilty would let you out of your

troubles without loss of dignity. You should consider yourself fortunate

at the suggested outcome. You can gain nothing by trial. You cannot even

get publicity in these days when the papers are crowded with war news

and the big events of history are happening.”

I still could not admit his interpretation. You had to differentiate

between the things mentioned in that law and actual obscenity; the

courts would some day have to decide on this.

“You have no case,” Mr. Untermyer persisted. “If you have broken the

law, there is nothing anyone can do or say to argue that fact away. We

must prevent your going to jail, however. I’ll see what I can do.”

“I’m not concerned with going to jail. Going in or staying out has

nothing to do with it. The question at stake is whether I have or have

not done something obscene. If I have done nothing obscene I cannot

plead guilty.”

Mr. Untermyer was upset. Instead of his former warmth I was aware of a

curt and cold politeness. I went from his office feeling I had had an

opportunity to make a powerful friend and had lost it by refusing to

accept the legal point of view.

Max also was decidedly angry. His attitude was, “We tried to help you,

and you declined help.” He wrote formally:

You could accompany your plea of guilty with a statement, both

before the Court and for the press, which would make it a far more

signal attack upon the law to whose violation you would be pleading

guilty than a plea of not guilty. It would do a thousand times more

good. At the same time it would satisfy your pride, or your feeling

that you ought to be brave enough to stand up for what you think, or

whatever it is that is making you refuse the advice of counsel.

I would not plead guilty on any count. They could not make me. I felt

deep within me that I was right and they were wrong. I still had that

naïve trust that when the facts were known, the Government would not

wilfully condemn millions of women to death, misery, or abortion which

left them physically damaged and spiritually crippled.

Clarence Darrow and other liberal lawyers from various cities generously

offered to come to New York to present the case free of charge, but

after my Untermyer interview I was convinced that the quibbles of

lawyers inevitably beclouded the fundamental issues; I had to move

people and persuade them emotionally. I had no practice in public

speaking; mine was the valor of faith. However, I was certain that

speaking from the fullness of my heart I would be guided by the

greatness and profundity of my conviction. In spite of the old adage

that “he who has himself for a lawyer has a fool for a client,” I was

confident that any jury of honest men would acquit me.

I asked Mr. Content to put my case on the calendar as soon as possible.

It was called for the end of November, then set for January 18th, then

January 24th. I used to go almost weekly to demand that it take place,

always stressing the fact that I wanted a trial by jury. One of the

judges that I came before in these various courts had previously asked

me in a personal letter to send him _Family Limitation_, and I had

mailed it to him with my compliments. The twinkle in his eyes was

reflected in mine; we both knew that he as well as I had been

technically breaking the law.

As the New York _Sun_ commented, “The Sanger case presents the anomaly

of a prosecutor loath to prosecute and a defendant anxious to be tried.”

The newspapers were taking ever-increasing notice. A photograph of

myself and my two young sons circulated widely and seemed to alter the

attitude of a heretofore cynical public. At that time I thought the

papers were against me, but looking over these old clippings today I

realize this was merely the impersonality of the news columns. Their

editorial hesitancy made them appear, like all other conservative and

reactionary forces, my opponents. But the rank and file of American

newspaperdom, though they must always have their little jokes, have

always been sympathetic.

They printed the letter to Woodrow Wilson, initiated by Marie Stopes. It

“begged to call the attention” of the President to the fact that I was

in danger of criminal prosecution for circulating a pamphlet on birth

control, which was allowed in every civilized country except the United

States; that England had passed through the phase of prohibiting this

subject a generation before; and that to suppress serious and

disinterested opinion on anything so important was detrimental to human

progress. It respectfully urged the President to exert his powerful

influence in behalf of free speech and the betterment of the race. This

letter was invaluable by reason of its signatories—Lena Ashwell, William

Archer, Percy Ames, Aylmer Maude, M. C. Stopes, Arnold Bennett, Edward

Carpenter, Gilbert Murray, and H. G. Wells, whose name was news. If a

group of such eminence in England could afford to stand by me, then the

same kind of people here might be less timorous.

As public sentiment grew, telegrams and letters showered upon Judge

Clayton demanding the dismissal of the charges against me. He piled them

in wastebaskets and remarked in a bored tone to Mr. Content, “Take these

Sanger letters away.” That I was preparing to go to court undefended by

counsel was making the matter harder for them.

My radical allies were, according to their habit, collecting money for

my defense, but this had no effect on my private financial status. My

sister, Ethel, who was living with me, thought I ought to be considering

the matter. One day she said, “I’ve a good case for you. Wouldn’t you

like to take it?”

“What kind?”

“Maternity. She expects to be delivered in a day or two—probably a

Caesarian. She asked for me, but I’d rather you had it.”

“I’m not interested, thank you. I’ve given up nursing.”

“Well, Mrs. Sanger,” she remarked ironically, “would you mind telling me

what you’re going to do to earn your living?”

“I’m not interested in earning my living. I’ve cast myself upon the

universe and it will take care of me.”

She looked at me sadly and with worried apprehension.

Three days later Ethel received the anticipated summons. On her way out

she picked up the mail at the door. In it was a letter from a California

acquaintance of hers who did not know where I was but had her address.

“Will you please give the enclosed forty-five dollars to Margaret Sanger

from her sympathizers?”

Ethel handed it to me with the resigned comment, “Well, here’s your

check from God.”

The editor of the _Woman Rebel_ had struck her single match of defiance,

but she could be of slight significance in the forward march towards

“women’s rights.” In Feminist circles I was little known. With my

personal sorrow, my manifold domestic duties, my social shyness, I

avoided meeting new people. My attitude thus created some reluctance

among those who might otherwise have hastened to my aid. Indeed, I

wanted a certain type of support, but I could not take the initiative in

asking for it.

This was suddenly done for me. One afternoon I was invited to a tea

arranged by Henrietta Rodman, Feminist of Feminists, in her Greenwich

Village apartment. Wells was particularly sanctified among her group and

I must be all right if he approved. As a result of that meeting the

suffrage worker, Alice Carpenter, set the wheels in motion for a dinner

at the Brevoort Hotel to be held January 23rd, the evening preceding my

trial. I was to be given a chance to say my say, speak my piece before a

gathering of influential people. Although I did not see her until some

years after, I thanked her in my heart many times for what she had done.

In the ballroom were collected several hundred people. Mary Heaton

Vorse, Dr. Mary Halton, Jack Reed, Dr. Robinson, Frances Brooks

Ackerman, Walter Lippmann, then of the _New Republic_, and Mrs. Thomas

Hepburn, the Kathy Houghton of my Corning childhood, all were there.

As we were about to go in to dinner, Rose Pastor Stokes, the Chairman,

took me aside and said, “Something very disturbing has happened. We’ve

just been talking to Dr. Jacoby. He has a speech ready in which he

intends to blast you to the skies for interfering in what should be a

strictly medical matter. Remember he’s greatly admired and he’s speaking

here tonight for the doctors. We meant to have you come at the end of

the program but now we’re going to put you first so that you can spike

his guns.”

My trepidation was increased. Nevertheless, I plunged into my carefully

prepared maiden speech in behalf of birth control. Fortunately I had

already planned to upbraid the doctors who daily saw the conditions

which had so moved me and yet made it necessary for a person like

myself, not equipped as they were, to stir up public opinion. It was

like carrying coals to Newcastle; they should have been teaching me.

I said I recognized that many of those before me of diverse outlooks and

temperaments would support birth control propaganda if carried out in

what they regarded as a safe and sane manner, although they did not

countenance the methods I had been following in my attempt to arouse

working women to the fact that having a child was a supreme

responsibility. There was nothing new or radical in birth control, which

Aristotle and Plato as well as many modern thinkers had demonstrated.

But the ideas of wise men and scientists were sterile and did not affect

the tremendous facts of life among the disinherited. All the while their

discussions had been proceeding, the people themselves had been and

still were blindly, desperately, practicing birth control by the most

barbaric methods—infanticide, abortion, and other crude ways. I might

have taken up a policy of safety, sanity, and conservatism—but would I

have secured a hearing? Admittedly physicians and scientists had far

more technical knowledge than I, but I had found myself in the position

of one who had discovered a house was on fire and it was up to me to

shout out the warning. Afterwards others, more experienced in executive

organization, could gather together and direct all the sympathy and

interest which had been aroused. Only in this way could I be vindicated.

Since my charge had forestalled his, the venerable Dr. Jacoby either had

to answer me or shift his ground. He chose the latter course and talked

on the question of quality in population, which might perhaps have been

construed as in my favor.

Many of the women present were comfortable examples of the manner in

which birth control could enable them to lead dignified lives. Elsie

Clews Parsons made the suggestion that twenty-five who had practiced it

should rise in court with me and plead guilty before the law. But only

one volunteered. What surprised me most was the voice of Mary Ware

Dennett announcing that she represented the National Birth Control

League and that that body was going to stand behind Margaret Sanger in

her ordeal—subscriptions were urgently needed for the League.

The next morning when I arrived at nine o’clock at the Federal Court

building more than two hundred partisans were already in the corridors.

A great corps of reporters and photographers was on hand. The stage had

been set for an exciting drama.

Judge Henry D. Clayton and Assistant District Attorneys Knox and Content

arrived at ten-thirty, apparently feeling the effects of the publicity

of the night before.

The moment Knox moved to adjourn for a week I was on my feet asking

immediate trial, but Judge Clayton postponed the case. Everybody went

home disappointed.

February 18th the Government finally entered a nolle prosequi. Content

explained there had been many assertions that the defendant was the

victim of persecution, and that had never been the intent of the Federal

authorities. “The case had been laid before the grand jurors as

impartially as possible and since they had voted an indictment there was

nothing that the District Attorney could do but prosecute. Now, however,

as it was realized that the indictment was two years old, and that Mrs.

Sanger was not a disorderly person and did not make a practice of

publishing such articles, the Government had considered there was reason

for considerable doubt.”

Well, when an army marches up the hill and then marches down again some

good excuse must always be given.

All my friends regarded the quashing of the Federal indictment a great

achievement. There was much rejoicing and congratulation, but they acted

as though they were saying, “Now settle down in your domestic corner,

take your husband back, care for your children, behave yourself, and no

more of this nonsense. Your duty is to do the thing you are able to do

which is mind your home and not attempt something others can do better

than you.”

But I was not content to have a Liberty Dinner and jubilate. I could not

consider anything more than a moral victory had been attained. The law

had not been tested. I agreed with the loyal _Globe_, which staunchly

maintained, “If the matter Mrs. Sanger sent through the mails was

obscene two years ago, it is still obscene.” I knew and felt

instinctively the danger of having a privilege under a law rather than a

right. I could not yet afford to breathe a sigh of relief.

The Federal law concerned only printed literature. My own pamphlet had

given the impression that the printed word was the best way to inform

women, but the practical course of contraceptive technique I had taken

in the Netherlands had shown me that one woman was so different from

another in structure that each needed particular information applied to

herself as an individual. Books and leaflets, therefore, should be of

secondary importance. The public health way was through personal

instruction in clinics.

A light had been kindled; so many invitations to address meetings in

various cities and towns were sent me that I was not able to accept them

all but agreed to as many as I could. It was no longer to be only a free

speech movement, and I wanted also if possible to present this new idea

of clinics to the country. If I could start them, other organizations

and even hospitals might do the same. I had a vision of a

“chain”—thousands of them in every center of America, staffed with

specialists putting the subject on a modern scientific basis through

research.

Many states in the West had already granted woman suffrage. Having

achieved this type of freedom, I was sure they would receive clinics

more readily, especially California which had no law against birth

control. The same thing would follow in the East. As I told the

_Tribune_, “I have the word of four prominent physicians that they will

support me in the work.... There will be nurses in attendance at the

clinic, and doctors who will instruct women in the things they need to

know. All married women or women about to be married will be assisted

free and without question.”

A splendid promise—but difficult to fulfill, as events were to prove.

_Chapter Sixteen_

HEAR ME FOR MY CAUSE

“_Speak clearly if you speak at all.

Carve every word before you let it fall._”

OLIVER WENDELL HOLMES

Once Amos Pinchot asked me how long it had taken me to prepare that

first lecture I delivered on my three months’ trip across the country in

1916.

“About fourteen years,” I answered.

I was thinking of all the time that had passed during which experiences,

tragic and stirring, had come to me and were embodied therein.

So much depended on this speech; the women of leisure must be made to

listen, the women of wealth to give, the women of influence to protest.

Before starting April 1st, I tried to put myself in their places and to

see how their interests and imaginations could most effectively be

excited, how the pictures which had so unceasingly beset me could best

be brought to their minds. I felt certain that if I could do this, they

would do the rest.

But the anxiety that went into the composition of the speech was as

nothing to the agonies with which I contemplated its utterance. My

mother used to say a decent woman only had her name in the papers three

times during her life—when she was born, when she married, and when she

died. Although by nature I shrank from publicity, the kind of work I had

undertaken did not allow me to shirk it—but I was frightened to death.

Hoping that practice would give me greater confidence, I used to climb

to the roof of the Lexington Avenue hotel where I was staying and

recite, my voice going out over the house tops and echoing timidly among

the chimney pots.

I repeated the lecture over and over to myself before I tried it on a

small audience in New Rochelle. I did not dare cut myself adrift from my

notes; I had to read it, and when I had finished, did not feel it had

been very successful. By the time I reached Pittsburgh, my first large

city, I had memorized every period and comma, but I was still scared

that if I lost one word I would not know what the next was. I closed my

eyes and spoke in fear and trembling. The laborers and social workers

who crowded the big theater responded so enthusiastically that I was at

least sure their attention had been held by its content.

It was interesting to watch the pencils come out at the announcement

that there were specifically seven circumstances under which birth

control should be practiced.

First, when either husband or wife had a transmissible disease, such as

epilepsy, insanity, or syphilis.

Second, when the wife suffered from a temporary affection of the lungs,

heart, or kidneys, the cure of which might be retarded through

pregnancy.

Third, when parents, though normal, had subnormal children.

Fourth, when husband or wife were adolescent. Early marriage, yes, but

parenthood should be postponed until after the twenty-third year of the

boy and the twenty-second of the girl.

Margaret Sanger: an autobiography. · 第 15 / 43 段