To: epicure who wrote (1468 ) 10/7/2000 11:14:35 AM From: Hawkmoon Read Replies (1) | Respond to of 10042 When our country began there was no prohibition of abortion. What??!!! Are you actually Al Gore coming out here and posting incognito!!?? The reason I ask is that you're seemingly just as adept at revisionist history as he is .. The US law was not truly codified in the beginning of our nation. Rather, we relied upon English common law for our precedents. Abortion, after the point of "quickening" (15-18 weeks) was considered a capital crime in Colonial America. Pre-quickening abortion was a felony. It was NOT a case of conservatives "repressing" all of those liberated Colonial women. "In the United States, before general codification of law became commonplace in the 19th century, criminal law was based on the Common Law inherited from England. Therefore, states followed the law as it existed in England. (Exactly what this was could vary depending on when the state is said to have "received" the common law.) As states and territories slowly began to opt for statutory criminal law over common law, abortion laws were inevitably included. Most of these took after the English scheme of 1803. Connecticut was the first, in 1821, passing a law making post-quickening abortion a felony. New York followed in 1828 with a statute making a felony of post-quickening abortion and a misdemeanor of pre-quickening abortion. Through the 1830's, 40's and 50's this process continued." And now the English Common Precedents:"Henry Bracton, (1216-1272) "the Father of Common Law," apparently regarded abortion (at least after 5 or six weeks) as homicide and it seems that at early Common Law abortion was a felony, and, therefore, a hanging offense. Later commentators, Coke and Blackstone, held expressly that abortion after quickening was not the crime of murder, but a separate crime (a "grave misprision"). It is unclear whether pre-quickening abortion was still criminalized. The Miscarriage of Woman Act of 1803 ("Lord Ellenborough's Act," 43 Geo. 3, c. 58.), introduced a statutory abortion scheme in England. Pre-quickening abortion was made a felony and post-quickening abortion was a capital crime. In 1837, with abolition of the death penalty, 7 Will. 4 & 1 Vict., c. 85. § 6, the quickening distinction was removed and all abortion was punished as a single felony. In 1861, the Offenses Against the Person Act, 24 & 25 Vict., c. 100, § 59, introduced a replacement statutory scheme, where, as before, all abortions were felonies."hometown.aol.com There is little doubt in my mind that founders of this nation would be appalled at how Abortion has been institutionalized to the point where some are advocating the use of Federal money to perform them. Didn't you do even a lick of research before you made such a ludicrous statement as claiming that there was no prohibition of abortion in colonial times??.....