However, I had no intention of giving up this primary purpose. I began sorting and arranging the material I had brought back from France, complete with formulas and drawings, to be issued in a pamphlet where I could treat the subject with more delicacy than in a magazine, writing it for women of extremely circumscribed vocabularies. A few hundred dollars were needed to finance publication of Family Limitation, as I named it, and I approached Theodore Schroeder, a lawyer of standing and an ardent advocate of free speech. He had been left a fund by a certain Dr. Foote who had produced a book on Borning Better Babies, and I thought my pamphlet might qualify as a beneficiary.
Dr. Abraham Brill was just then bringing out a translation of Freud, in whom Schroeder was much interested. He asked whether I had been psychoanalyzed.
“What is psychoanalysis?”
He looked at me critically as from a great height. “You ought to be analyzed as to your motives. If, after six weeks, you still wish to publish this pamphlet, I’ll pay for ten thousand copies.”
“Well, do you think I won’t want to go on?”
“I don’t only think so. I’m quite sure of it.”
“Then I won’t be analyzed.”
I took the manuscript to a printer well known for his liberal tendencies and courage. He read the contents page by page and said, “You’ll never get this set up in any shop in New York. It’s a Sing Sing job.”
Every one of the twenty printers whom I tried to persuade was afraid to touch it. It was impossible ever, it seemed, to get into print the contents of that pamphlet.
Meanwhile, following the March issue the May and July numbers of the Woman Rebel had also been banned. In reply to each of the formal notices I inquired which particular article or articles had incurred disapproval, but could obtain no answer.
At that time I visualized the birth control movement as part of the fight for freedom of speech. How much would the postal authorities suppress? What were they really after? I was determined to prod and goad until some definite knowledge was obtained as to what was “obscene, lewd, and lascivious.”
Theodore Schroeder and I used to meet once in a while at the Liberal Club, and he gave much sound advice—I could not go on with the Woman Rebel forever. Eventually the Post Office would wear me down by stopping the issues as fast as I printed them. He warned, “They won’t do so and so unless you do thus and thus. If you do such and such, then you’ll have to take the consequences.” He was a good lawyer and an authority on the Constitution.
When my family learned that I might be getting in deep water a council was called just as when I had been a child. A verdict of nervous breakdown was openly decreed, but back in the minds of all was the unspoken dread that I must have become mentally unbalanced. They insisted father come to New York, where he had not been for forty years, to persuade me to go to a sanitarium.
For several days father and I talked over the contents of the Woman Rebel. In his fine, flowing language he expressed his hatred of it. He despised talk about revolution, and despaired of anyone who could discuss sex, blaming this on my nursing training, which, he intimated, had put me in possession of all the known secrets of the human body. He was not quite sure what birth control was, and my reasoning, which retraced the pattern of our old arguments, made no impression upon him.
Father would have nothing to do with the “queer people” who came to the house—people of whom no one had ever heard—turning up with articles on every possible subject and defying me to publish them in the name of free speech. I printed everything. For the August issue I accepted a philosophical essay on the theory of assassination, largely derived from Richard Carlile. It was vague, inane, and innocuous, and had no bearing on my policy except to taunt the Government to take action, because assassination also was included under Section 211.
Only a few weeks earlier, the war which Victor Dave had predicted had started its headlong progress. The very moment when most people were busy with geographies and atlases, trying to find out just where Sarajevo might be, the United States chose to sever diplomatic relations with me.
One morning I was startled by the peremptory, imperious, and incessant ringing of my bell. When I opened the door, I was confronted by two gentlemen.
“Will you come in?”
They followed me into my living room, scrutinized with amazement the velocipede and wagon, the woolly animals and toys stacked in the corner. One of them asked, “Are you the editor and publisher of a magazine entitled the Woman Rebel?”
When I confessed to it, he thrust a legal document into my hands. I tried to read it, threading my way slowly through the jungle of legal terminology. Perhaps the words became a bit blurred because of the slight trembling of my hands, but I managed to disentangle the crucial point of the message. I had been indicted—indicted on no less than nine counts—for alleged violation of the Federal Statutes. If found guilty on all, I might be liable to forty-five years in the penitentiary.
I looked at the two agents of the Department of Justice. They seemed nice and sensible. I invited them to sit down and started in to explain birth control. For three hours I presented to their imaginations some of the tragic stories of conscript motherhood. I forget now what I said, but at the end they agreed that such a law should not be on the statute books. Yet it was, and there was nothing to do about it but bring my case to court.
When the officers had gone, father came through the door of the adjoining room where he had been reading the paper. He put both arms around me and said, “Your mother would have been alive today if we had known all this then.” He had applied my recital directly to his own life. “You will win this case. Everything is with you—logic, common sense, and progress. I never saw the truth until this instant.”
Old-fashioned phraseology, but father was at last convinced. He went home quite proud, thinking I was not so crazy after all, and began sending me clippings to help prove the case for birth control—women who had drowned themselves or their children and the brutalities of parents, because even mother love might turn cruel if too hard pressed.
My faith was still childlike. I trusted that, like father, a judge representing our Government would be convinced. All I had to do was explain to those in power what I was doing and everything would come right.
August twenty-fifth I was arraigned in the old Post Office way downtown. Judge Hazel, himself a father of eight or nine children, was kindly, and I suspected the two Federal agents who had summoned me had spoken a good word on my behalf. But Assistant District Attorney Harold A. Content seemed a ferocious young fellow. When the Judge asked, “What sort of things is Mrs. Sanger doing to violate the law?” he answered, “She’s printing articles advocating bomb throwing and assassination.”
“Mrs. Sanger doesn’t look like a bomb thrower or an assassin.”
Mr. Content murmured something about not all being gold that glittered; I was doing a great deal of harm. He intimated he knew of my attempts to get Family Limitation in print when he said, “She is not satisfied merely to violate the law, but is planning to do it on a very large scale.”
Judge Hazel, apparently believing the charges much exaggerated, put the case over until the fall term, which gave me six weeks to prepare my answer, and Mr. Content concurred, saying that if this were not enough time, I could have more.
The press also was inclined to be friendly. Reporters came up to Post Avenue, looked over the various articles. They agreed, “We think the Government absolutely wrong. We don’t see how it has any case.” Unfortunately, while we were talking, Peggy, who had never seen a derby before, took possession of their hats and sticks, and in the hall a little parade of children formed, marching up and down in front of the door. One of the gentlemen was so furious that I hid Peggy in the kitchen away from his wrath. As he went out he remarked, “You should have birth controlled them before they were born. Why don’t you stay home and spend some thought on disciplining your own family?”
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