“But it may be asked, If government has the power to relieve society of the vice of drunkenness, why despair of its power regarding prostitution? In reply it may be asked if the drunkard himself is ever cured of his vicious appetite by penalties? The statute despairs of this. It even recognizes its inability to prevent the sale of intoxicating drinks while they exist; it therefore claims the right to seize and destroy them. Can it seize on and destroy the inborn passion which fills and supports houses of prostitution? Then it can not do for the one what it hopes to do for the other.
“Again: the suppression of slavery and the slave-trade have been cited in this connection as illustrating the power of law. In trespass, theft, violence, or fraud, some one is wronged; and those who have been injured seek to bring the offender to justice. Here there is no aggrieved person. All who are in interest are so in interest that they deprecate the interference of all law, except what they claim to believe is the law of Nature.
“But is there no hope in the societies of moral reform? For the suppression, or even checking of the general vice, none whatever. The association in New York deserves much praise for its zealous benevolence. They have brought back some of these erring women to the paths of virtue, but they have done no more to stop the current of prostitution than he could do to dry up the current of the Hudson who dips water with a bucket. In truth it may be said that the paths of virtue have been found to be slippery places for some that would be thought converts. Wisdom’s ways have been found too peaceful for these daughters of excitement. This is said in no spirit of disparagement to the efforts of the society. They may well be proud of what they have done. But it is said to show how little the kindest and the best can do to reclaim those who have once fallen from virtue and honor.
“Let the great fact, then, be well understood, that prohibitory measures have always failed, and, from the nature of the case, must forever fail to suppress prostitution.
“Let this additional fact, illustrated in the foregoing remark, be well considered, that penalties do not reform the offender, but that they enforce secrecy in the offense, and silence regarding its consequences, which is a chief cause of the present wide diffusion of the venereal poison.
“What, then, is the proper province of legislation in this important matter?
“The wise lawgiver does not attempt impossibilities. He knows that laws which experience has demonstrated can not be enforced, teach disrespect and disobedience to all law. He knows that human passions can not be changed by human legislation. He knows that, if he attempt the impossible greater in the control of vice, he is certain to neglect the possible and important less. He knows that the river will not cease to flow at his command. If it overflows and desolates, he raises its banks and dikes in the flood to prevent a general inundation. For hundreds of years the governments of Europe have tried in vain to dry up the sources of prostitution; with the opening of the present century they began to dike in the river and prevent avoidable mischief. For a long time we too have had laws against prostitution, which, with every proper effort on the part of those in authority, have proved as useless as those who live by this illicit traffic could desire—as mischievous in spreading disease as the quack advertiser could wish. Is it not time, then, to inquire whether we have not attempted too much; whether, if we attempt less, we shall not accomplish more? May we not be able to limit and control what we have not the power to prevent? If we can not do all that a large benevolence might wish to accomplish, in the name of humanity is it not our duty to do what is useful and practicable—all that is possible?
“While the Medical Board are persuaded that by a change of policy, such as is suggested by the facts and reasons herewith submitted, much can be done to limit and control prostitution, and much more toward the eradication of venereal diseases, they are not yet prepared to offer the details of a plan by which they hope these important ends can be attained. With the assistance of the Board of Governors, they are now in correspondence with the medical officers of many of the larger cities of Europe, where restrictive measures have replaced prohibitory. When they have obtained the information which they hope this correspondence will furnish, they will ask leave to submit a supplementary report.
“John W. Francis, M.D., President.
“John T. Metcalfe, M.D., Secretary pro tem.