, arising from over-population
and poverty, are so great that these checks may be resorted to as a
remedy for the evils, and as bettering the condition of humanity,
although there might be things to be avoided, if it were possible to
avoid them, and yet remedy the evils which they are to prevent--that such
is the honest opinion of the defendants, we, who have read the book, and
who have heard what they have said, must do them the justice of
believing. I agree with the Solicitor-General if, with a view to what is
admitted to be a great good, they propose something to the world, and
circulate it especially among the poorer classes, if they propose
something inconsistent with public morals, and tending to destroy the
domestic purity of women, that it is not because they do not see the
evils of the latter, while they see the evils of the former, that they
must escape; if so, they must abide the consequences of their actions,
whatever may have been their motive. They say, 'We are entitled to submit
to the consideration of the thinking portion of mankind the remedies
which we propose for these evils. We have come forward to challenge the
inquiry whether this is a book which we are entitled to publish.' They do
it fairly, I must say, and in a very straightforward manner they come to
demand the judgment of the proper tribunal. You must decide that with a
due regard and reference to the law, and with an honest and determined
desire to maintain the morals of mankind. But, on the other hand, you
must carefully consider what is due to public discussion, and with an
anxious desire not, from any prejudiced view of this subject, to stifle
what may be a subject of legitimate inquiry. But there is another view of
this subject, that Knowlton intended to reconcile with marriage the
prevention of over-population. Upon the perusal of this work, I cannot
bring myself to doubt that he honestly believed that the remedies he
proposed were less evils than even celibacy or over-population on the one
hand, or the prevention of marriage on the other hand--in that honesty of
intention I entirely concur. But whether, in his desire to reconcile
marriage with a check on over-population, he did not overlook one very
important consideration connected with that part of society which should
abuse it, is another and a very serious consideration."

When the jury retired there was but one opinion in court, namely, that
we had won our case. But they were absent