A person in Tucson on Tuesday protests after the Arizona Supreme Court revived a near-total ban on abortion. Arizona sprang into existence in February 1863, just under halfway through the Civil War. President Abraham Lincoln, having signed the act that created the new territory, appointed judges to administer it. Among them was a native New Yorker,
The most obvious difference between now and then that is reflected in the Howell Code is that the United States was, at the time, at war with Southern secessionists desperate to maintain the institution of slavery. Slavery was not allowed in Arizona, but the Howell Code does recognize it as a legal issue. Section 55 of Chapter 10 makes it illegal to entice Black people to leave Arizona so that they can be sold into slavery.comes a bit before that, just after the section banning duels.
In Section 47, the Howell Code addresses rape, which is defined as “the carnal knowledge of a female, forcibly and against her will.” It also specifies penalties for having “carnal knowledge of any female child under the age of ten years, either with or without her consent.” To put a fine point on it, the “consent” at issue there is purportedly coming from a 9-year-old.
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