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. While Comstock’s actions had led to the arrest of other celebrated personae in the past – including Victoria Woodhull, her second husband James Blood, and her sister, Tennessee Claflin in 1872 – Restell’s arrest and looming trial led her to commit suicide by slitting her throat on April 1, 1878, which leant even further notoriety to the arrest. 1 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. Indeed, Restell was not even arrested under the aegis of the federal statute, but instead under New York State law, though certainly at the instigation of Comstock and by him personally. By taking the arrest of Restell as a case study, this essay 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.