,,on ,,criminal ,,abortion ,,in ,,america4 ,,by ,,horatio ,r4 ,,storer1 ,m4,d41 ,,of ,,boston4 ,,member ,,of ,,the ,,american ,,medical ,,association4 8,and let the legislator and moralist look to it2 for as sure as there is in any nation a hidden tampering with infant life1 whether frequent or occasional1 systematic or accidental1 so sure will the chastisement of the ,almighty fall on such a nation40--,,granville1 on ,sudden ,death4 ,from the ,north ,american ,medico-,chirurgical ,review1 ,january to ,november1 #ahei4 ,,philadelphia3 ,j4 ,b4 ,,lippincott ,,co4 #ahfj4 ,,to ,,those ,,whom ,,it ,,may ,,concern1 ,,physician1 ,,attorney1 ,,juror1 ,,judge1--,,and ,,parent1-- ,these ,pages ,,are ,,respectfully ,,inscribed4 ,,contributions ,,to ,,obstetric ,,jurisprudence4 ,,no4 ,i4 ,,criminal ,,abortion4 ,by the ,common ,law and by many of our ,state ,codes1 ftal life1 per se1 is almost wholly ignored and its destruction unpunished2 abortion in every case being considered an offence mainly against the mother1 and as such1 unless fatal to her1 a mere misdemeanor1 or wholly disregarded4 ,by the ,moral ,law1 ,,the ,,wilful ,,killing ,,of ,a ,,human ,,being ,,at ,,any ,,stage ,,of ,,its ,,existence ,,is ,,murder4 ,in undertaking the discussion at length of this subject1 three preliminary facts must be assumed3-- ,first4--,that if abortion be ever a crime1 it is1 of necessity1 even in isolated cases1 one of no small interest to moralist1 jurist1 and physician2 and that when general and common1 this interest is extended to the whole community and fearfully enhanced4 ,secondly4--,that if the latter assumption be true1 both in premise and conclusion1 neglected as the crime has been by most ethical writers and political economists1 hastily passed over by medical jurists1#a and confessedly everywhere the great opprobrium of the law1 often indeed by taunt that of medicine1 either it cannot in the nature of things be suppressed1 as by these facts implied1 or its suppression has not been properly attempted4 ,discarding the former of these alternatives as alike unworthy of belief and proved false by facts hereafter to be shown1 it will appear1 ,thirdly4--,that the discussion now broached is neither supererogatory nor out of place2 further1 that it is absolutely and necessarily demanded4 ,moreover1 in order that the importance and various bearings of the subject may be better appreciated1 and that the writer's position and aims may be more fairly understood1 it must be borne in mind that there exist to this discussion certain positive and apparent objections1 which have1 in a measure1 given rise to much of the silence and omission alluded to above1 and are1 in the main1 as follows3-- #a4 ,the natural dislike of any physician to enter upon a subject on some points of which it is probable that a portion of the profession is at variance with him1 either from disbelief in the alleged increase of criminal abortion1 unnoticed for reasons shown hereafter1 or from a blind reliance on ,providence of itself to abate the evil4 #b4 ,his fear1 lest by any possible chance1 by showing the frequency of the crime and its means1 he may unhappily cause its still further increase4 #c4 ,the reluctance on the part of many of the profession to attack a powerful and acknowledged moneyed interest2 #d4 ,and to tell their patients1 more commonly than is yet general1 most unwelcome truth2 thus not merely condemning1 but1 to their own consciences at least1 criminating them2 #e4 ,and individually to risk losing practice1 if thought more scrupulous than others2 #f4 ,and to be brought into more frequent contact with the law1 even though for ends of justice2 #g4 ,and to exercise greater care and discretion in diagnosis and treatment1 lest themselves be brought to answer for malpractice1 or worse2 #h4 ,and publicly to discuss matters supposed to be generally unknown1 and thus seem to throw open professional secrets to the world4 ,and1 finally1 grave doubts lest the statements made1 though simple and true1 should yet appear so astounding as to shock belief1 or so degrading as to tend to lessen all faith in natural affection and general morality4 ,but these objections1 so far at least as regards the profession1 are undoubtedly but of limited existence2 and1 on the other hand1 as more than counterbalancing them all1 are the following arguments3-- ,that medical men are the physical guardians of women and their offspring2 from their position and peculiar knowledge necessitated in all obstetric matters to regulate public sentiment and to govern the tribunals of justice4 ,that the discussion by them of this crime may very probably be the means1 in great measure1 of ultimately restraining or suppressing its perpetration4 ,that such will undoubtedly tend to save much health to the community and many human lives4 ,and1 that1 were there no other reason1 it is clearly a duty4 ,i shall accordingly proceed to prove1 so far as possible1 the truth of every premise as yet stated1 and to show the real nature and frequency of the crime3 its causes2 its victims2 its perpetrators and its innocent abettors2 its means and its proofs2 its excuses1 the deficiencies and errors of existing laws1 and the various other obstacles to conviction2 and1 above all1 so far as the present series of papers is concerned1 the duty of the profession toward its general suppression4 ,i4 ,,is ,,abortion ,,ever ,a ,,crime8 ,that this could have been doubted1 least of all by mothers1 however ignorant or degraded1 would at first sight appear improbable4 ,the sense of the public1 however1 its practice1 its laws1 being each proved to the contrary by the stubborn evidence of facts1 the necessity of our preliminary inquiry will be made manifest4 ,to postpone1 for the present1 all other considerations1 we will regard abortion in the abstract4 ,it may be defined1 best perhaps1 as the violent and premature expulsion of the product of conception1 independently of its age1 viability1 and normal formation4 ,these characteristics are eliminated as having judicially and actually nothing to do with the essential nature of abortion1 whereas in infanticide they are each elements of great importance2 a difference that will hereafter be seen4 ,we further1 in the present investigation1 set aside all cases where abortion is the result of accident1 or from natural causes1 or justified by the rules of medicine1 whether to save the mother or her child4 ,we shall have occasion1 in the subsequent course of our inquiries1 to discuss this latter question somewhat fully1 and to set forth unpleasant truths4 ,we now confine ourselves exclusively to those instances where the attempt at premature expulsion of the product of conception is artificially induced and intentional1 and where1 so far as can be judged1 it is not necessitated and would not otherwise have occurred4 ,in the first place1 the laws do not recognize that unnecessary abortion1 per se1 is a crime4 ,this act1 when unnecessarily done1 must be for one of two reasons3 either to prevent the product of conception from receiving life1 which subsequent evidence will show cannot be the case1 or1 if living1 to destroy it4 ,we have said that the ,common ,law and many of our ,american statutes lose sight of this fundamental idea4 ,though based upon the first of the above alternatives1--the erroneous one1 as regards the fact of their existence1--they are so worded as almost wholly to ignore ftal life1 to refuse it protection1 to insure their own evasion1 and by their inherent contradictions to extend the very crime they were framed to prevent4 ,they recognize1 for the most part1 no offence against the ftus2 we have just shown that such1 and such alone1 is always intended4 ,they punish an attempt1 which does not exist1 upon the well-being or life of the mother2 the intent being seldom or never to destroy the mother4 ,she is herself1 in almost every case1 a party to the action performed2 an accessory or the principal4 ,to constitute a crime1 a malicious or wicked intent is supposed to exist2 we have thrown aside1 as does the law1 every case occurring from accident or from justifiable cause4 ,the intent1 if existing1 as of course must be always the case1 is against1 and only against1 the product of conception4 ,again1 the punishment meted by the law proves the truth of these propositions4 ,unless the woman die in consequence of the offence1 it is declared1 in every stage of pregnancy1 a mere misdemeanor1 as in ,massachusetts2 or else1 while called such1 or by omission justified or openly allowed in the early months when the ftus is without other safeguard1 the law pronounces abortion a felony and increases its penalties in more advanced pregnancy1 after quickening has rendered it infinitely more certain that the ftus will remain undisturbed1 and has thus in the great majority of cases prevented the crime4 ,on the other hand1 granting for the moment that the erroneous assumptions of the law were correct1 and that the attempt were upon the life of the mother1 how inconsistent to punish murder1 attempted or committed1 if by injury to the throat or heart1 capitally1 and if by injury to the womb1 by temporary imprisonment2 especially where this latter case always necessitates the slaughter of a second human victim4 ,or1 granting that the attempt were only upon the mother's health or temporary welfare1 how absurd to punish the offence in early pregnancy1 where her risks are greatest1 by a trifling penalty or not at all1 and in more advanced pregnancy1 where these risks are daily lessened1 with increased severity4 ,and1 finally1 if the ftus were1 as has been sometimes supposed1 merely pars viscerum matris1 its removal would be like that of a limb1 or of any other portion of the body1 whose loss is not absolutely attended with that of life2 if made with the mother's consent1 it would be unpunishable by law2 if against her will1 it would be already amenable1 like other maim or mutilation1 to existing statutes4 ,in the one case1 laws against abortion were needless2 in the other1 unjustifiable4 ,in a word1 then1 in the sight of the common law1 and1 in most cases of the statutory law1 also1 the crime of abortion1 properly considered1 does not exist2 the law discussing and punishing a wholly supposititious offence1 which not only does not exist1 but the very idea of whose existence is simply absurd4 ,we turn now to public opinion4 ,it1 too1 both in theory and in practice1 fails to recognize the crime4 ,its practical denial of the true character of the offence will be shown in the course of our remarks on its frequency4 ,its theoretical denial we here consider1 as proved in three ways--by implication1 by collateral testimony1 and by direct4 ,first1 the maxims of the law are based on past or present public opinion4 ,if merely on past1 and this has totally changed1 the law in matters of such importance is compelled to change also4 ,the fact that the laws on this subject remain unaltered1 if it be granted1 as will be proved1 that they are erroneous1 furnishes us at the outset1 and so far1 with evidence that public opinion was formerly wrong1 and that it so continues4 ,the frequency of the offence1 and the character and standing of the mothers upon whose persons it is practised1 accessories as we have seen1 or principals1 to it1 furnish similar and more cogent testimony regarding the theory upon which it is founded4 ,we shall soon perceive how extensive and high reaching is the frequency2 we must therefore conclude that the public do not know1 or knowing deny1 the criminal character of the action performed4 ,again1 the direct testimony of the parties themselves is often available4 ,it is undoubtedly a common experience1 as has certainly been that of the writer1 for a physician to be assured by his patients1 often no doubt falsely1 but frequently with sincerity1 that their abortions have been induced in utter ignorance of the commission of wrong2 in belief that the contents of the womb1 so long as manifesting no perceptible sign of life1 were but lifeless and inert matter2 in other words1 that being1 previously to quickening1 a mere ovarian excretion1 they might be thrown off and expelled from the system as coolly and as guiltlessly as those from the bladder and rectum4 ,it having now been shown1 directly and by temporary assumption1 that the law and public sentiment1 both by its theory and its practice1 alike deny to unjustifiable abortion the imputation of crime1 it remains for us to discuss this question abstractly1 and to prove not merely that they are wrong1 but that the offence is one of the deepest guilt1 a crime ,,second ,,to ,,none4 ,ignorance of the law is held no excuse4 ,the plea of ignorance of guilt could hardly better avail where its existence is implied by common sense1 by analogy1 and by all natural instinct1 binding even on brutes4 ,were this guilt1 however1 clearly shown1 and its knowledge1 supposed wanting1 to be spread broadcast by the press1 the all-powerful arbiter of public opinion1 the last and strongest prop of the crime were gone4 ,it has been shown1 by setting aside all accidental cases1 those naturally occurring and those necessarily1 and in the absence of reasonable evidence to the contrary1 that all other abortions must be intentional1 that they must be occasioned by the 8malice aforethought0 of the law4 ,it has also been shown that in these cases1 except it exist as an additional element1 the malicious intention is not against the life or person of the mother1 but that in every instance it is against the product of her womb4 ,hence1 the whole question of the criminality of the offence turns on this one fact1 the real nature of the ftus in utero4 ,if the ftus be a lifeless excretion1 however soon it might have received life1 the offence is comparatively as nothing2 if the ftus be already1 and from the very outset1 a human being1 alive1 however early its stage of development1 and existing independently of its mother1 though drawing its sustenance from her1 the offence becomes1 in every stage of pregnancy1 ,,murder4 8,every act of procuring abortion10 rules ,judge ,king1 of ,philadelphia1#b contrary to the usual interpretation of the law1 8is murder1 whether the person perpetrating such act intended to kill the woman1 or merely feloniously to destroy the fruit of her womb40 ,common sense1 we have said1 would lead us to the conclusion that the ftus is from the very outset a living and distinct being4 ,it is alike absurd to suppose identity of bodies and independence of life1 or independence of bodies and identity of life2 the mother and the child within her1 in abstract existence1 must be entirely identical from conception to birth1 or entirely distinct4 ,allowing1 then1 as must be done1 that the ovum does not originate in the uterus2 that for a time1 however slight1 during its passage through the ,fallopian tube1 its connection with the mother is wholly broken2 that its subsequent history is one merely of development1 its attachment merely for nutrition and shelter1 it is not rational to suppose that its total independence1 thus once established1 becomes again merged into total identity1 however temporary2 or that life1 depending not on nine months' growth1 nor on birth1 because confessedly existing long before the latter period1--since quickening at least1 a time varying within wide limits1--dates from any other epoch than conception2 while it is as irrational to think that the influence of the father1 mental and moral as well as physical1 so often and so plainly manifested1 can be exercised by any possibility upon the child at any other moment than that original and only one of impregnation itself4 ,another argument is furnished us1 similar1 but differing4 ,the ftus1 previous to quickening1 as after it1 must exist in one of two states1 either death or life4 ,the former cannot take place1 nor can it ever exist1 except as a finality4 ,if its signs do not at once manifest themselves1 as is generally the case1 and the ftus be retained in utero1 it must either become mummified or disintegrated2 it can never again become vivified4 ,if1 therefore1 death has not taken place1 and we can conceive no other state of the ftus save one1 that1 namely life1 must exist from the beginning4 ,these reasonings are strengthened by the evidence of analogy4 ,the utter loss of direct influence by the female bird upon its offspring from the time the egg has left her1 and the marked effect1 originally1 of the male2 the independence in body1 in movement1 and in life1 of young marsupial mammals1 almost from the very moment of their conception1 identical analogically with the intra-uterine state of other embryos1--nourishment by teat merely replacing that by placenta at an earlier period2 the same in birds1 shown by movements in their egg on cold immersion before the end of incubation2 the permanence of low vitality1 or of impaired or distorted nervous force1 arising from early arrest or error of development1 and necessarily contemporaneous with it1 are all instances in point4 ,brute instincts are often thought wholly supplanted by human reason4 ,that this is not so is proved by what obtains in the absence of reason1 whether from the outset or subsequently occurring4 ,idiots and lunatics alike show the actual identity in this respect of man and the brute1 however instinct1 in the former1 may normally be tempered by conscience and reason4 ,whatever ideas on the subject of abortion the human mind may have forced itself to entertain1 let the slightest proof concerning the existence of ftal life be alleged1 and maternal instinct at once makes itself known3 the parent1 as after its birth1 would often even perish to preserve her child4 ,this is not conscience1 which is stirred only by an afterthought1 but instinct4 ,thus far1 incidental proof concerning the commencement of ftal life1 and so the guilt of unjustifiable abortion4 ,more decisive evidence is at hand4 ,that the movements of the ftus1 subsequent to quickening1 whatever the actual nature of that first sensation may be1 declare the existence of intra-uterine life1 is allowed by the world2 by none more than by mothers themselves1 whose statistics prove that after the perception of these movements criminal abortions are comparatively rare4 ,but quickening1--a period usually occurring from the one hundred and fifteenth to the one hundred and thirtieth day after conception1 but varying within still more appreciable limits in different women1 and in the same women in different pregnancies1 from variations in the amount of liquor amnii1 the early strength of the ftus1 and other causes1 and also1 if at all1 owing in its first sensation to rising of the womb from the pelvis1 probably occurring a little earlier with boys than with girls1 from their relative difference in size1#c--;is often absent1 even throughout pregnancy2 and ftal movements are sometimes appreciable to the attendant when not to the mother1 or indeed to the mother alone4 ,further1 in premature births1 where quickening has not occurred1 or before its usual period1 by the movements of the ftus1 its earlier independent and vital existence is sometimes reduced to a matter of ocular demonstration2 while to the ear1 in very many instances1 as early and as conclusive evidence is afforded by the sounds these movements give rise to4#d ,quickening is therefore as unlikely a period for the commencement of ftal life as those others set by ,hippocrates and his successors1 varying from the third day after conception1 to that of the ,stoics1 namely birth1 and as false as them all4 ,we need not1 with ,dubois#e and some earlier writers1#f from the manifest relation of means to the end1 consider that the movements of the ftus in utero1 and its consequent attitude and position1 are signs of an already developed and decided sentience and will1 nor is it requisite to suppose them the effect of an almost rational instinct4 ,but that they are wholly independent of the will and the consciousness of the mother1 and yet by no means characteristic of organic life1 whether hers or its own1--which latter is also by abundant evidence proved independently to exist1--but decidedly animal in their character2 that they are not explainable by gravity1 despite all the arguments alleged1 latest by ,matthews ,duncan1#g nor on any other supposition save that of a special and independent excito-motory system1 distinct from that of the mother1#h brings us directly down to this--the existence of as distinct and independent a nervous centre1 self-existing1 self-acting1 living4 ,we set aside all the speculations of metaphysicians regarding moral accountability of the ftus1 the 8potential man10 and its 8inanimate vitalities10 as useless as they are bewildering4 ,if there be life1 then also the existence1 however undeveloped1 of an intellectual1 moral1 and spiritual nature1 the inalienable attribute of humanity1 is implied4 ,if we have proved the existence of ftal life before quickening has taken place or can take place1 and by all analogy and a close and conclusive process of induction1 its commencement at the very beginning1 at conception itself1 we are compelled to believe unjustifiable abortion always a crime4 ,and now words fail4 ,of the mother1 by consent or by her own hand1 imbrued with her infant's blood2 of the equally guilty father1 who counsels or allows the crime2 of the wretches who by their wholesale murders far out-,herod ,burke and ,hare2 of the public sentiment which palliates1 pardons1 and would even praise this so common violation of all law1 human and divine1 of all instinct1 of all reason1 all pity1 all mercy1 all love1 we leave those to speak who can4 ,we have next to prove-- ,,ii4 ,,its ,,frequency1 ,,and ,,the ,,causes ,,thereof4 ,though we cannot at once1 and in exact figures1 show the yearly amount of criminal abortion in this country1 statistics on the subject being necessarily imperfect or wanting1 we may yet arrive at an approximate result4 ,this is done by an easy and reliable process of induction1 the several factors of which1 each of itself rendering probable the conclusion1 tend1 when combined1 to make it almost absolutely certain4 ,we are to consider1 in this connection1 the evidence afforded by-- ,i4--,the comparative increase of population4 ,,ii4--,the published records of still-births4 ,,iii4--,the number of arrests1 or trials for abortion4 ,,iv4--,the published number of immediate maternal deaths4 ,v4--,the pecuniary success of abortionists1 and abortion-producing nostrums4 ,,vi4--,the comparative size of families in present and past times4 ,,vii4--,the experience of physicians--direct from applications for abortion and actual cases1 and indirect from their results4 ,several of these points are as yet almost wholly uninvestigated4 ,they are stated1 therefore1 with care1 as bearing decidedly on the question at issue1 and as tending to provoke still further research4 ,to go into an elaborate comparison of our national and state censuses with themselves1 past and present1 with each other1 and with those of similar communities abroad1 involving1 as it would do1 intricate calculations regarding the effect of emigration from state to state1 and from nation to nation1 the increase of urban population1 and the frequent decrease of rural1 is not our present intention1 nor is it necessary4 ,by considering this point in connection with that immediately succeeding it1 with which it is intimately related1 its bearing and importance will at once be seen4 ,statistics in this country are as yet so imperfect1 that we are necessitated to a process of deduction4 ,if it can be shown that a state of things prevails elsewhere to a certain extent1 explainable only on one supposition1 and that the same state of things prevails in this country to a greater extent1 all other causes1 save the one referred to1 being in great measure absent1 little doubt can be entertained of the part this plays2 but if it can1 in addition1 be proved that this cause must necessarily be stronger with us than elsewhere1 then its existence becomes morally certain4 ,accordingly1 if we find that in another country living births are steadily lessening in proportion alike to the population and to its increase1 that natural or preventive causes are insufficient to account for this1 while the proportion of still-births and of known abortions is constantly increasing1 and these last bear an evident yet increasing ratio to the still-births2 that in this country the decrease of living births1 and the increase of still-births1 are in much greater ratio to the population1 and the proportion of premature births is also increasing2 that these relations are constant and yearly more marked1 we are justified in supposing that abortions are at least as frequent with us1 and probably more so4 ,in many countries of ,europe1 it has been ascertained that the 8fecundity0 of the population1 or the rate of its annual increase1 is rapidly diminishing4#i ,in ,sweden1 it has lessened by one-ninth in #fa years4 ,in ,prussia1 by a third in #acb years4 ,in ,denmark1 by a quarter in #hb years4 ,in ,england1 by two-sevenths in a century4 ,in ,russia1 by an eighth in #bh years4 ,in ,spain1 by a sixth in #cj years4 ,in ,germany1 by a thirteenth in #ag years4 ,in ,france1 by a third in #ga years4#aj ,or1 in other words3 ,in ,sweden it has lessened by a fifth2 in ,prussia1 by a fourth2 in ,denmark and ,england1 by a third2 and in ,russia1 ,spain1 ,germany1 and ,france by a half1 in a single century4 ,for the sake of convenience1 larger bodies of statistics existing concerning it1 and from the fact that it represents the extreme of the alleged decrease1 we take ,france for our comparisons4 ,in ,france at large1 according to the official returns as analyzed by ,legoyt1 the increase of the population which1 from #ahja to #ahjf1 was at the rate of #a4bh per cent4 annually1 from #ahjf to #ahdf had fallen to about 4#e per cent4#aa ,the exact ratio of decrease after this point is better shown by the figures themselves4 ,the increase from #ahda to #ahdf was #a1bjj1jjj2 from #ahdf to #ahea1 #chj1jjj2 from #ahea to #ahef1 #bef1jjj4 ,in ,england1 during this latter period1 with a population of but one-half the size1 the returns of the ,registrar-,general show a relative increase nine times greater4#ab ,in thirty-seven years1 from #ahag to #ahed1 the mean annual increase in ,france was not more than #aee1ibi1 yet in five years1 from #ahdf to #ahea1 it had fallen to #gf1jjj yearly1 and from #ahea to #ahef1 to #ea1bjj1 and this with a population ranging from twenty-nine to thirty-four millions4 ,a comparison of these facts1 with those obtaining in other ,european ,states1 will make the above still more evident4 ,we now quote from ,rau4#ac ,rate of ,increase4 ,per ,cent4 ,hungary1 according to ,rohrer #b4dj ,england1 from #ahaa to #ahba #a4gh 0 from #ahba to #ahca #a4fj ,prussia1 from #ahaf to #ahbg #a4ed 0 from #ahbj to #ahcj #a4cg 0 from #ahba to #ahca #a4bg ,austria1 7,rohrer7 #a4cj ,scotland1 from #ahba to #ahca #a4cj ,netherlands1 from #ahba to #ahbh #a4bh ,saxony1 from #ahae to #ahcj #a4ae ,baden 7,heunisch17 from #ahbj to #ahcj #a4ac ,bavaria1 from #ahad to #ahbh #a4jh ,naples1 from #ahad to #ahbd #j4hc ,france 7,mathieu17 from #ahag to #ahbg #j4fc ,france1 more recently1 7,de ,jonns7 #j4ee ,a similar and corroborative table1 containing additional matter1 is given by ,quetelet2#ad its differences from the preceding are owing to its representing a series of different years4 ,rate of ,increase4 ,per ,cent4 ,ireland #b4de ,hungary #b4dj ,spain #a4ff ,england #a4fe ,rhenish ,prussia #a4cc ,austria #a4cj ,bavaria #a4jh ,netherlands #j4id ,naples #j4hc ,france #j4fc ,and more recently1 ,legoyt brings up these results to the close of #ahdf4ae ,as shown by the census1 the rate of increase was1 in ,per ,cent4 ,great ,britain1 exclusive of ,ireland #a4ie ,prussia #a4hd ,saxony #a4de ,norway #a4cf ,sardinia #a4jh ,holland #j4ij ,austria #j4he ,sweden #j4hc ,france #j4fh ,or1 as shown by the annual excess of births over deaths1 and therefore more reliable-- ,per ,cent4 ,norway #a4cj ,prussia #a4ah ,sweden #a4ad ,holland #a4jc ,wurtemberg #a4jj ,great ,britain1 exclusive of ,ireland #a4jj ,denmark #j4ie ,austria #j4ij ,saxony #j4ij ,hanover #j4he ,belgium #j4gf ,bavaria #j4ga ,russia #j4fa ,france #j4ej ,in four departments of ,france1 among which are two of the most thriving of ,normandy1 the deaths actually exceed the births4#af ,from the above facts1 it would naturally be supposed that the percentage of births to the whole population must be smaller than in other ,european countries1 and from the lessened annual rate of increase of the population1 that the proportionate number of births must be decreasing in similar ratio4 ,this is found1 indeed1 to be the case4 ,from large statistics furnished by ,de ,jonns1 we have compiled the following table of the comparative ratios of births to the population in the principal countries of ,europe3-- ,ratio4 ,venice and ,dependencies1 #ahbg #a to #bc ,tuscany1 #ahcd 0 ,lombardy1 #ahbh #a to #bd ,russia1 #ahce #a to #be ,wurtemberg1 #ahba to #ahbg 0 ,prussia1 #ahcf 0 ,mecklenburg1 #ahbf #a to #bf ,sardinia1 #ahbj 0 ,naples and ,dependencies1 #ahcj 0 ,greece1 #ahbh 0 ,poland1 #ahcj #a to #bg ,ireland1 #ahba to #ahca 0 ,germany1 #ahbh 0 ,switzerland1 #ahbh 0 ,spain1 #ahbf 0 ,portugal1 #ahae to #ahai #a to #bg4e ,sweden1 #ahbe #a to #bh ,holland1 #ahcb 0 ,austria1 #ahbi 0 ,belgium1 #ahcf 0 ,bavaria1 #ahbe 0 ,two ,sicilies1 #ahca 0 ,sweden and ,norway1 #ahbh #a to #cj ,denmark1 #ahcc 0 ,roman ,states1 #ahcf 0 ,turkey1 #ahce 0 ,hanover1 #ahce #a to #ca ,sicily1 #ahcb 0 ,austria1 #ahbh to #ahcj #a to #cb ,great ,britain1 #ahba to #ahca 0 ,scotland1 #ahba to #ahca #a to #cd ,england1 #ahba to #ahca #a to #ce ,norway1 #ahcb 0 ,france1 #agga to #ahea #a to #be to #a to #cg ,in a total population1 at different periods1 of #bcb1fgc1jjj1 there were #h1gcc1jjj births2 whence an average on the grand scale of one birth to every #bf4f individuals4 ,in ,france1 however1 the ratio has been steadily lessening1 as seen by the following table3-- ,ratio of births4 #agga to #agge #a to #be #ahja to #ahaj #a to #cj #ahaa to #ahbe #a to #cb #ahbf to #ahcf #a to #cc #ahcf to #ahdj #a to #cd #ahda to #ahde #a to #ce #ahdf to #ahej #a to #cg ,the position of ,france1 as compared with the rest of ,europe1 in respect to the ratio of births to the population at different periods1 is made still more manifest by another table3-- ,annual ratio of births4 #a to #bc ,venetian ,provinces1 #ahbg2 ,tuscany1 #ahcd4 #a to #bc4e ,kingdom of ,naples1 #ahbb to #ahbd4 #a to #bd ,tuscany1 #ahah2 ,sicily1 #ahbd2 ,lombardy1 #ahbg to #ahbh2 ,russia1 #ahca4 #a to #bd4e ,prussia1 #ahbe to #ahbf4 #a to #be ,france1 #agha2 ,austria1 #ahbg2 ,russia1 #ahce2 ,prussia1 #ahcf4 #a to #bf ,sardinia1 #ahbj2 ,hanover1 ,wurtemberg and ,mecklenburg1 #ahbf2 ,greece1 #ahbh2 ,naples1 #ahcj4 #a to #bg ,spain1 #ahbf2 ,germany and ,switzerland1 #ahbh2 ,poland1 #ahcj2 ,ireland1 #ahca4 #a to #bg4e ,portugal1 #ahae to #ahai4 #a to #bh ,holland1 #ahac to #ahbd2 ,bavaria and ,sweden1 #ahbe2 ,austria1 #ahbi2 ,belgium1 #ahcf4 #a to #bi ,canton ,lucerne1 #ahaj2 ,holland1 #ahcb4 #a to #bi4h ,france1 #ahja4 #a to #cj ,sweden and ,norway1 #ahbh2 ,belgium1 #ahcb2 ,denmark1 #ahcc2 ,turkey1 #ahce2 ,states of the ,church1 #ahcf4 #a to #ca ,sicily1 #ahcb2 ,hanover1 #ahce4 #a to #ca4d ,france1 #ahaa4 #a to #ca4f ,france1 #ahba4 #a to #cb ,austria1 #ahcj2 ,great ,britain and ,switzerland1 #ahca4 #a to #cc ,france1 #ahbh to #ahca4 #a to #cd ,norway and ,holstein1 #ahbf2 ,scotland1 #ahca2 ,france1 #ahcd to #ahda4 #a to #ce ,denmark1 #ahaj2 ,england1 #ahca2 ,norway1 #ahcb4 #a to #cg ,france1 #ahea4 ,in ,paris1 strange to say1 the decrease in the ratio of births to the population1 though decided and steady1 has not1 in actual proportion1 been as great as in the empire at large1 showing that the cause1 whatever we find it to be1 is not one depending on the influence of a metropolis alone for its existence4 ,from #ahag to #ahca there averaged1 in ,paris1 one birth to #bf4hg inhabitants2 but from #ahdf to #ahea1 one to #ca4ih4ag ,again1 as might have been expected1 we find that the proportion of still-births1 in which we must include abortions1 as has hitherto been done1 however improperly1 in all extensive statistics1 is enormous1 and is steadily increasing4 ,to show this the more plainly1 we first present a table of the ratio of still-births to the living births in the various countries of ,europe4#ah ,geneva1#ai #ahbd to #ahcc #a to #ag ,berlin ,hospitals1 #ageh to #aggd #a to #ah ,paris ,maternit1#bj #ahaf to #ahce #a to #bj ,sweden1 #ahba to #ahbe #a to #bc4e ,denmark1 #ahbe to #ahcd #a to #bd ,belgium1#ba #ahda to #ahdc #a to #bd4b ,prussia1#bb #ahbj to #ahcd #a to #bi ,iceland1 #ahag to #ahbh #a to #cj ,prague1 #ahbj #a to #cj ,london ,hospitals1 #agdi to #agha #a to #ca ,vienna1 #ahbc #a to #cb ,austria1 #ahbh #a to #di ,france at large1 #ahec #a to #bd ,department of ,seine #a to #ae ,paris1#bc #ahcf to #ahdd #a to #ad4c 0 #ahde to #ahecbd #a to #ac4h ,the proportion of still-births in the rural districts of ,france is governed by the same laws as in the metropolis4 ,in #cfc provincial towns the ratio was1 from #ahcf to #ahde #a to #ai4ee #ahdf to #ahej #a to #ah4h ,while districts more thinly populated gave1 from #ahda to #ahde #a to #bi #ahdf to #ahej #a to #bgbe ,in ,belgium1 during a similar period1 the ratio was much the same4#bf #ahda to #ahdc1 in towns #a to #af4a #ahda to #ahdc1 in country #a to #bi4d ,the apparent discrepancy between city and country1 noticed as equally obtaining in ,belgium and ,france1 is chiefly owing to greater negligence of the country officials in registering the still-births1 and to the fact1 as we have seen in ,paris1 that the ratio of births to the population is greater in the city than in the country at large4 ,finally1 while the proportion of still-births to the whole number is greatly increasing in ,paris1 so is the number of known abortions4 ,we omit1 for the present1 the evidence afforded by arrests and trials1 which we might here have turned to account4 ,at the ,morgue1 which represents but a very small fraction of the ftal mortality of ,paris1 and in this matter almost only crime1 there were deposited during the eighteen years preceding #ahee1 a total of #aaae ftuses1#bg of which #dbc were at the full term1 and #fib were less than nine months2 and of these last1 #eai1 or five-sixths1 were not over six months1 a large proportion of them showing decided marks of criminal abortion4 ,again1 of the #fib ftuses of less than nine months1 deposited at the ,morgue during these eighteen years1 #bie were between #ahcf to #ahde1 an average1 at that time1 of #cb4g yearly2 and from #ahdf to #ahee there were #cig1 an average of #dd4a4 ,during the means of these periods the births in ,france were as follows#bh3--;,in #ahda1 #a1jje1bjc1 and in #ahea1 #a1jcg1jdj1 from which it is evident that there was deposited at the ,morgue1 in #ahda1 one infant1 dead from abortion1 to every #cj1gjj births2 and in #ahea1 one to every #bc1ejj4 ,the increased ratio is seen to be striking2 it will hereafter become apparent that the increase is far greater in reality4 ,we turn now to our own country1 to which the ,city of ,new ,york holds much the same relation1 as respects public opinion no less than in other matters1 that ,paris holds to ,france4 ,since #ahje1 when returns were first made to the ,registry of ,new ,york1 the number1 proportionate as well as actual1 of ftal deaths1 has steadily and rapidly increased4 ,with a population at that time 7#ahje7 of #gf1ggj1 the number of still and premature births was #dg2 in #ahdi1 with a population estimated at #dej1jjj1 the number had swelled to #acbj4bi ,thus1 while the population had increased only six times since #ahje1 the annual number of still and premature births had multiplied over twenty-seven times4 ,the following table shows the rapidity of this increase3--,the ratio of ftal deaths to the population1 was in #ahje #a to #afcc4dj #ahaj #a to #ajbe4bd #ahae #a to #ihf4df #ahbj #a to #fed4eb #ahbe #a to #fhj4fh #ahcj #a to #eig4fj #ahce #a to #efi4hh #ahdj #a to #eaf4jb #ahde #a to #chd4fh #ahdi #a to #cdj4ij ,in the three years preceding #ahdi1 there were registered in ,new ,york #djj premature births1 and #caci children still-born2 a total of #ceci1 representing at that time a yearly average of some #abjj ftal deaths4 ,while it will be shown hereafter that a large proportion of the reported premature births must always be from criminal causes1 and that though almost all the still-births at the full time1 even from infanticide1 are necessarily registered1 but a small proportion of the abortions and miscarriages occurring are ever reported to the proper authorities1 it will immediately be made apparent that at the present moment the abortion statistics of ,new ,york are far above those of #ahdi4 ,in the three years preceding #aheg1 there were registered in ,new ,york #aaif premature1 and #dgce still-births1#cj a total of #eica1 representing a yearly average of some #bjjj ftal deaths2 showing that in the short space of seven years1 the number of ftal deaths in ,new ,york1 already enormous1 had very nearly doubled4 ,again1 in #ahef1 the total number of births at the full time in ,new ,york1 was #ag1gee2 of these1 #af1aii were living2#ca proving that of children at the full time alone1 setting aside the great number of viable children born prematurely1 and the innumerable earlier abortions not recorded1 one in every #aa4d is born dead4 ,from foreign statistics on a large scale1 it is found that the proportion of still-births1 even allowing a wide margin for criminal causes1 does not1 in those countries1 drop below #a in #ae1 and this in ,france1 ranging from that number up to #a in #cj or #dj of the whole number of births reported4 ,we have already given a table upon this point4 ,in ,geneva1 out of #aj1ibe births occurring from #ahbd to #ahcc1 #abba of them being illegitimate1 and therefore to be supposed liable to a large percentage of deaths from criminal causes1 there were only #fdf ftal deaths2 a proportion of #a in #ag4 ,in ,belgium there were #bi1egd illegitimate births from #ahda to #ahdc1 and of these1 #agff were born still2#cb #a in #af4h4 ,in ,new ,york1 from #ahed to #aheg1 there were #dh1cbc births1 and #eica still-births1 at the full time and prematurely2 or in other words1 #a to every #h4a was born dead4 ,the ratio of still-births in ,new ,york1 including1 as we have seen1 abortions1 is steadily increasing1 as seen by the following table1#cc in which we have compared the still-births1 supposable perhaps of accidental value1 with the general mortality1 whose value is at least as accidental1 if not more so4 ,the evidence1 like that already furnished1 is astounding4 ,total mortality4 ,still-births4 ,ratio4 #ahjd to #ahji #ac1abh #cdi #a to #cg4f #ahji to #ahae #ad1jaa #ecc #a to #bf4c #ahae to #ahbe #cd1gih #a1hah #a to #ai4a #ahbe to #ahce #ei1cdg #c1gdd #a to #ae4h #ahce to #ahee #bhi1ghf #ba1gjb #a to #ac4c #ahefcd #ba1feh #a1idc #a to #aa4a ,the frequency of abortions and premature births reported from the practice of physicians1 and thus to a certain extent1 but not entirely1 likely to be of natural or accidental origin1 is as follows3-- ,in #da1fii cases registered by ,collins1 ,beatty1 ,la ,chapelle1 ,churchill1 and others1#ce there were #ecj abortions and miscarriages4 ,here all the abortions were known2 their proportion was #a in #gh4e4 ,in ,new ,york1 from #ahed to #aheg1 there were #dh1cbc births at the full time reported1 and #aaif premature4 ,here all the abortions were not known1 probably but a very small fraction of them2 the proportion was #a in #dj4d4 ,finally1 we compare the recorded premature still-births of ,new ,york1 with those still at the full time4 ,in the seventeen years from #ahch to #ahee1cf there were reported #ag1bcg still-births at the full time1 and #bgaj still prematurely2 the last bearing the proportion of #a to #f4c4 ,in the nine years1 from #ahch to #ahdg1 omitting #ahdb for reasons stated below1 there were #fcb premature still-births1 and #fdde still at the full time2 a yearly average of #a in #aj4b4 ,in the eight years1 from #ahdh to #ahee1 there were #bjgh premature still-births1 and #aj1gib still at the full time2 an average of #a in #e4 ,while in #ahef there were #chg still prematurely1 and #aeef at the full time2 or #a in #d4jb4 ,from these figures there can be drawn but one conclusion1 that criminal abortion prevails to an enormous extent in ,new ,york1 and that it is steadily and rapidly increasing4 8,we cannot refer10 was well said by a former inspector of that city1#cg 8such a hecatomb of human offspring to natural causes40 ,we shall now endeavor to prove this point by other reasoning4 ,that our deductions concerning the population and births of ,france are perfectly legitimate1 is admitted beforehand by the leading political economists of the day2 ignorant as they were in its various relations of much of the evidence now brought forward1 and of the conclusion to which the whole matter1 directly and with almost mathematical exactness1 is proved to tend4 8,in ,france10 remarks ,de ,jonns1#ch 8the fecundity of the people is restrained within the strictest limits40 8,the rate of increase of the ,french population10 says ,mill1 8is the slowest in ,europe2#ci the number of births not increasing at all1 while the proportion of births to the population is considerably diminishing40#dj ,we have seen1 moreover1 that in ,france the actual ratio of living births is constantly and rapidly diminishing1 while the still-births1 actual and proportional1 are as fast increasing2 that the premature births progress in similar ratio1 and by deduction and actual statistics1 the criminal abortions2 and that these facts obtain not merely in the metropolis1 but throughout the country4 ,what are the causes of these remarkable facts1 need it now be asked8 ,let all allowances be made for certain conjugal habits extensively existing among the ,french1 and by no means rarely imitated in this country1 but the proportionate decrease of living births is too enormous1 the actual and proportionate increase of premature and still-births is too frightful to be wholly explained thus1 or as ,west1#da ,husson1#db and ,de ,jonns#dc have thought1 to be attributed to a mere progressive lack of fecundity4 ,reason and the evidence alleged compel us to believe that in great measure they are owing to criminal abortion4 ,political economists allow the facts in ,france to be as we have stated4 ,their interpretation of the causes1 unwilling as they would be to confess its ultimate bearing1 we now compel to serve as evidence4 8,they depend10 according to one writer1#dd 8either on physical agents1 especially climate1 or on the degree of civilization of a people1 their domestic and social habits40 8,in ,france the climate is favorable to an increase of population1 and this obstacle1 this restraint1 is found in its advanced civilization40#de 8,this diminution of births10 says ,legoyt1#df 8in the presence of a constant increase of the general population and of marriages1 can be attributed to nothing else than wise and increased foresight on the part of the parent40 8,the ,french peasant is no simple countryman1 no downright #8,paysan du ,danube2' both in fact and in fiction he is now #8le rus paysan4' ,that is the stage which he has reached in the progressive development which the constitution of things has imposed on human intelligence and human emancipation40#dg 8,these facts are only to be accounted for in two ways4 ,either the whole number of births which nature admits of1 and which happen in some circumstances1 do not take place1 or if they do1 a large proportion of those who are born1 die4 ,the retardation of increase results either from mortality or prudence2 from ,mr4 ,malthus's positive1 or from his preventive check2 and one or the other of these must and does exist1 and very powerfully too1 in all old societies4 ,wherever population is not kept down by the prudence of individuals or of the ,state1 it is kept down by starvation or disease40#dh ,but on the other hand1 it has been forgotten that the alternative supposed does not exist in the case we have instanced4 ,marriages in ,france1 unlike some other continental ,states1 are continually increasing1 and starvation and disease are yearly being shorn of their power4 ,the authors quoted are therefore forced to a single position2 that the lessening of births can only be owing to 8prudence0 on the part of the community4 ,moreover1 it is allowed by ,mill and by ,malthus himself1#di that so much of the decrease as cannot thus be explained1 must be attributed to influences generally prevalent in ,europe in earlier ages1 and in ,asia to the present time4 8,throughout ,europe these causes have much diminished1 but they have nowhere ceased to exist40#ej ,several of them have been named by the authority now quoted4 ,another1 and greater than them all1 he leaves unspoken2 we are compelled to supply for him the omission4 ,the practice of destroying the ftus in utero1 to say nothing of infanticide1 history declares to have obtained among all the earlier nations of the world1 the ,jews alone excepted1 and to a very great extent4 ,aristotle defends it1#ea and ,plato4#eb ,it is mentioned by ,juvenal1#ec ,ovid1#ed ,seneca1 and ,cicero1 and is denounced by the earlier ,christians4#ee ,it was common in ,europe through the middle ages1 and still prevails among the ,mohammedans1#ef ,chinese1#eg ,japanese1#eh ,hindoos1#ei and most of the nations of ,africa and ,polynesia1#fj to such an extent1 that we may well doubt whether more have ever perished in those countries by plague1 by famine1 and the sword4 ,it is evident1 therefore1 that the actual and proportionate increase of still-births1 and1 by induction1 setting aside all probable cases of infanticide1 of abortion1 and the comparative increase of a population reciprocally influence and govern each other so completely1 that from the one it may in any given case be almost foreseen what the other must prove4 ,it is impossible that the results quoted from the ,registry of ,new ,york1 any more than those of ,france1 even if so far1 can in any great measure be owing to natural causes alone4 ,they are wholly inexplicable on any principles1 8which do not recognize an amount of guilt at which humanity shudders40 ,in comparing that city with ,paris1 certain allowances must indeed be made2 abroad1 for the effects of wars and conscription1 of despotism1 and of migration outward2 at home1 for the effects of governmental laxity1 and of migration inward4 ,in both cities the amount of prostitution1 an element not to be lost sight of1 must be nearly the same2 and in both1 under the steady progress of science1 medical and hygienic1 the ratio of ftal mortality1 unless induced by criminal causes1 may year by year be supposed to have been steadily diminished4 ,we have seen that in ,new ,york1 in the absence of all influences that tend to keep down population in foreign countries1 old and crowded1 and under the yoke of despotism1 the effects1 attributable elsewhere to these causes1 exist1 and to a greater degree than in any other country2 ,that the ratio of ftal deaths to the population had swelled from #a in #afcc1 in #ahje1 to #a in #cdj1 in #ahdi2 while in ,france1 at a later period1 #ahea1 they were only about #a in #ajjj2 ,that the actual number of ftal deaths in seven years1 from #ahej to #aheg1 had very nearly doubled2 ,that the ftal deaths1 as compared with the total of births1 elsewhere in cases of illegitimacy1 where the results are the very worst1 and where crime is confessed to have produced them1 being #a in #af4h1fa had here1 legitimate and natural1 reached the frightful ratio of #a in #h4a2 ,that the ftal deaths1 as compared with the total mortality1 had increased from #a in #cg1 in #ahje1 to #a in #ac1 in #ahee2 ,that the reported early abortions1 of which the greater number of course escape registry1 bear the ratio to the living births of #a in #dj4d1 while elsewhere they are only #a in #gh4e2 ,and finally1 that early abortions1 bearing the proportion to the still-births at the full time of #a in #aj4b1 in #ahdf1 had increased to #a in #d4jb1 in #ahef4 ,it must be borne in mind that these statistics are positive1 proving the existence of a certain number of pregnancies abruptly terminated4 ,they cannot therefore be controverted by any argument regarding means for the prevention of pregnancy1 no matter to what extent these may be used4 ,nor should it be forgotten that for every registered premature birth or abortion1 innumerable ones occur that are never recorded4 ,almost doubling therefore1 as does ,new ,york1 the worst of those fearful ratios of ftal mortality existing in ,europe1 it is not strange that our metropolis has been held up1 even by a ,parisian1 to the execration of the world4 8,on le voit 7l'avortement70 says ,tardieu1 8en ,amrique1 dans une grande ct comme ,new ,york1 constituer une industrie vritable et non poursuivie40 ,in this description of ,new ,york1 we have that of the country4#fb ,the relative annual increase of the population existing throughout ,america1 depending as this does chiefly on immigration1 must not mislead us4 ,the ratio of ftal death in the metropolis surpasses what has ever been dreamed to obtain even in old countries1 where innumerable more legitimate causes for it might be thought to exist4 ,at ,boston1 which for morals is allowed to compare favorably with any city of its size in the ,union1 8undoubtedly more than a hundred still-births yearly escape being recorded1 a large proportion of which1 no doubt1 result from criminal abortion40#fc ,and our public prints1 far and wide1 even in the smaller towns and villages1 constantly chronicle deaths from the commission of the crime4 ,in the ,state of ,massachusetts at large1 it has been found of late years that 8the increase of the population1 or the excess of the births over the deaths1 has been wholly of those of recent foreign origin20#fd this in #ahej4 ,in #ahec 8it is evident that the births within the ,commonwealth1 with the usual increase1 have resulted in favor of foreign parents in an increased ratio40#fe ,in other words1 it is found that in so far as depends upon the ,american and native element1 and in the absence of the existing immigration from abroad1 the population of ,massachusetts is stationary or decreasing4#ff 8,this result will doubtless surprise many1 who will hardly think it possible4 ,is it general1 or is it accidental8 ,if it be general1 how has it happened8 ,what causes have been in operation to produce it8 ,how is it to be accounted for80#fg ,these questions have hitherto been unanswered4 ,we shall find1 however1 their solution only too easy4 ,amid such general thrift and wealth1 there has been every reason for the native1 like the foreign population1 to increase4 ,the preventive check of the economists1 though undoubtedly present1 can have played but an inferior part1 as we shall prove4 ,emigration westward1 the only apparent positive check1 though extensive1 cannot wholly account for the result4 ,but statistics exist by whose light1 if acknowledged1 we may read this important problem4#fh ,in #ahej1 the ratio of births to the population in ,massachusetts1 foreign and ,american combined1 was #a in #cf1fi and in #ahee1 #a in #cd2gj a ratio much smaller than that obtaining in most countries of ,europe1 and about equaling that of ,france1 which1 in #ahej1 was #a in #cg4 ,in #ahee1 the ratio of still-births1 at the full time and premature1 as compared with the living births1 was #a to #ae4e4ga ,in ,france it is #a to #bd2 in ,austria1 #a to #di4 ,in #ahea1 the ratio of ftal deaths to the general mortality1 was #a to #ac4c2gb in #ahee1a to #aj4d4gc ,in ,new ,york ,city1 in #ahef1 it was #a to #aa4 ,in any city we should expect to find the proportion much greater than in a ,state at large2 we here find it less4 ,the ratio of premature births to those at the full time1 during the period from #ahej to #ahef1 was #a to #bf4a4gd ,in ,new ,york1 in #aheg1 it was #a to #dj1 and in good medical practice it is found1 as we have seen1 to be #a in #gh4 ,in comparing the recorded abortions and premature births in the ,city of ,new ,york1 with the still-births there occurring at the full time1 we found that the former had varied from #a in #aj1 in #ahch1 to #a in #d1 in #ahef4 ,in the ,state of ,massachusetts it appears1 that during the fourteen years and eight months preceding #ahee1 there were recorded #degj still-births1 and #aa1gaf premature births and abortions1#ge the ratio being #a abortion to 4#c still-birth2 or1 in other words1 it would appear from the statistics quoted1 that the comparative frequency of abortions in ,massachusetts is thirteen times as great as in the worst statistics of the ,city of ,new ,york4 ,we are willing1 however1 we rejoice1 to modify this statement1 as in the earliest of the years quoted1 returns from the ,city of ,boston seem to have been imperfect or wanting1--and to confine our calculations to a more recent period4 ,from #ahej to #ahee1 the registration being much more accurate than before1 and its results compiled with the greatest care1 three years of the five by a noted statistician1 ,dr4 ,shurtleff1 there were recorded in ,massachusetts1 #bigf still-births1 and #ehii premature births and abortions1#gf the ratio being #a abortion to 4#e still-birth2 in other words1 the frequency of abortions as compared with still-births at the full time1 seems at least eight times as great in ,massachusetts as in the worst statistics of the ,city of ,new ,york4#gg ,it must not be forgotten that while nearly every still-birth at the full time is necessarily recorded1 there must be but very few registrations of the premature births and abortions actually occurring2 that though the contrary seems here the case1 such occurrences are generally1 as they would be supposed1 far more frequent in crowded cities than in country districts1 or in a ,state at large2 and that however great may be the influence of the prevention of pregnancy in repressing a population1 these constitute proofs of pregnancies actually occurring1 and frequently criminally terminated4 ,few persons could have believed possible the existence of such frightful statistics1 the result toward which they must be confessed inevitably to tend1 or the dread cause from which they spring4 ,either these statistics must be thrown aside as utterly erroneous and worthless1 or they must be accepted with their conclusions4 ,we would gladly do the former1 but they present too many constant quantities1 in other respects1#gh for this to be allowed4 ,our own calculations have been made with care1 and we have presented the elements on which they rest4 ,in asserting the results1 at once so awful and astounding1 we desire to fix upon them the attention and scrutiny of the world4 ,we have seen that the increase of the population of ,massachusetts by living births1 is almost exclusively among its resident foreigners1 ,catholics1 the rules of whose church will hereafter be shown to exercise an important influence in preventing the destruction of ftal life4 ,the conclusion cannot therefore well be avoided1 that in these facts there exists the evident relation here intimated1 of effects to cause4 ,with some certainty1 then1 even though statistics are as yet so imperfect1 can we assert this conclusion1 that frightful as is the extent to which the crime of abortion is perpetrated abroad1 there is reason to believe that it prevails to an equal1 if not even greater extent at home4 ,the frequency of arrests or trials for abortion afford1 save indirectly1 no criterion of the actual frequency of the crime4 ,our laws on this subject are at present so easily evaded1 that officers of justice find it useless to trouble themselves with its prosecution2 it is indeed 8non poursuivie40 ,during the eight years from #ahdi to #aheh1 no report for #ahec being rendered by the ,attorney-,general1 there were #cb trials for abortion in ,massachusetts2 and in these there was not a single conviction4#gi ,an estimate that for every arrest for this crime1 a thousand instances of its commission escape the vigilance or at least the hand of the law1 would probably be within the truth4 ,that such is the fact1 is shown by the statistics of ,france1 where1 from #ahdf to #ahej1 out of #ahh cases that came to the knowledge of the police1 for lack of decisive evidence1 only #bb went to trial1#hj or about one-ninth of those legally investigated4 ,from #ahbf to #ahec1 there were in ,france #ahc trials for abortion4 ,at the above ratio this will give about #agjj cases judicially examined1 a yearly average throughout the empire of between #ej and #fj4 ,comparing this fact with the statistics of the ,morgue already given1 and with those of the actual decrease of the rate of increase of the population in ,paris and in ,new ,york1 and the increase of premature births1 our statement of its frequency will not seem exaggerated4 ,the number and success of professed abortionists is notorious4 ,if arrested1 they are always ready with bribes or abundant bail4 ,hardly a newspaper throughout the land that does not contain their open and pointed advertisements1 or a drug-store whose shelves are not crowded with their nostrums1 publicly and unblushingly displayed3 the supply of an article presupposes its demand4 ,from these facts we may fairly estimate the extent of their nefarious traffic4 ,that families are seldom now found of the size formerly common1 is also a matter of general remark4 ,it were foolish to attempt to explain this by supposing that the present is an age of more moderate desire1 or less unbridled lust2 there is too much collateral proof against any such plea4 ,nor is it reasonable to think that women are generally becoming less productive of offspring than formerly1 from any natural cause2 or that the mass of our population1 whatever the exceptions1 are already so far advanced in knowledge1 physiological or mechanical1 or in practice1 as in most cases to be able to regulate impregnation at will4 ,the number of pregnancies must be nearly as abundant as ever2 who can doubt what becomes of the offspring8 ,we deny1 simply and decidedly1 the statement of some writers1 that of every seven pregnancies1 at least one always naturally terminates in abortion2 this is uncorroborated by any reliable evidence1 and is without doubt untrue4 ,of the experience of physicians1 there can be but one opinion4 ,if each man of the profession were honestly to investigate this matter1 and as honestly to avow the result1 the mass of evidence would be overwhelming4 ,this statement is in nowise invalidated by the experience alleged by many1 especially among older practitioners2 their evidence1 based chiefly on lack of inquisition1 or on the acknowledged less prevalence of the crime in former years1 is merely negative1 and as such only to be valued4 8,we blush10 says ,prof4 ,hodge1 8while we acknowledge the fact1 that in this city1 7,philadelphia17 where literature1 science1 morality1 and ,christianity are supposed to have so much influence2 where all the domestic and social virtues are reported as being in full and delightful exercise1 even here0 it prevails4#ha ,dr4 ,blatchford1 of ,troy1 ,n4 ,y41 writes me thus3 8,a crime which forty years ago1 when ,i was a young practitioner1 was of rare and secret occurrence1 has become frequent and bold40 ,but why multiply instances of what must be the almost universal experience8 ,applications for abortion are in many neighborhoods of constant occurrence1 by no means among the poorer classes alone2 and few women1 unless also convinced by their physician of the enormity and guilt of that they intend1 are deterred by his refusal from going elsewhere for aid1 or from inducing abortion upon themselves4 ,but far greater proof than this we all possess1 or can1 if we desire4 ,in but few of the abortions criminally induced is an application ever made to the physician in regular standing4 ,he is oftener called upon after the crime has already been committed1 to treat its acute and immediate effects4 ,if he choose to take for granted in every case1 that it has occurred from a perfectly natural cause1 even where attending circumstances clearly point to the contrary1 or to ask no questions1 or to shut his eyes and his ears to evident and patent facts1 he can of course do so1 and perhaps persuade himself that the crime is rare2 but if he reflect that upon himself more than on clergyman or legislator1 often rests the standard of public morals1 and act accordingly1 he may arrive at a different result4 ,but this is not only the fact in acute cases of abortion4 ,the same statement holds true1 perhaps even to a greater extent1 with regard to chronic obstetric disease4 ,it is now acknowledged that much of this is really the consequence of past difficult or abnormal labors2 that the more complicated or improperly interfered with the labor has been1 the more certain are unfortunate sequel2 and that the earlier in pregnancy its occurrence1 the greater1 as a general rule1 the danger1 not merely to the mother's life1 but to her subsequent health4 ,in the treatment of these results1 even more marked perhaps at a late period than earlier1 the dependence of effect on cause1 and their evident connection1 can often be learned by a faithful inquirer1 and in no small proportion of cases does the history go back without turn or the shadow of a doubt1 to an induction of criminal abortion4 ,as a mere matter of individual experience1 and from a practice by no means exceptional1 the writer some time since reported no less than fifteen such cases as occurring to himself within hardly six months2 and of these1 all without exception were married and respectable women1#hb many of them of wealth and high social standing2 and subsequently he was able1 in consultation1 to point out similar cases in the practice of gentlemen who1 at that time1 had denied the legitimacy of his conclusions4 ,this experience must be a common one1 only some lack the courage1 as others lack the will1 to investigate the matter2 should they do so1 they can come but to one result4 ,the frequency of maternal deaths1 confessedly from criminal abortion1 as gathered from published statements and mortuary reports1 is also an item of importance in our summary of evidence4 ,it is probable that in but few of the fatal cases really occurring1 is foul play ever thought of1 especially if the standing of the victim1 and her previous history1 have been such as to prevent or disarm suspicion2 and on the other hand1 while immediate death is undoubtedly a frequent result of induced abortion1 it is1 in proportion to the cases of its later occurrence1 or of confirmed and chronic ill health1 comparatively rare4 ,from which it must be granted1 that for every case thus made known1 very many others must necessarily exist4 ,we are compelled1 from the preceding considerations1 to acknowledge not merely that criminal abortion is of alarming frequency among us1 but that its frequency is rapidly increasing2 this having been made apparent by each link in the chain of evidence that has been presented4 ,every effort that might possibly check this flood of guilt will1 if delayed1 have so much the more to accomplish4 ,the crime is fast becoming1 if it has not already become1 an established custom1 less honored in the breach than in the observance4 99 99 99 99 99 ,what are the causes of this general turpitude8 ,they also may be classified-- ,i4--,the low morale of the community as regards the guilt of the crime4 ,,ii4--,the ease with which its character1 in individual cases1 may be concealed4 ,,iii4--,the unwillingness of its victims to give testimony that would also criminate themselves4 ,,iv4--,the possibility of their inducing abortion upon themselves without aid4 ,v4--,the ease with which the laws1 as at present standing1 may be evaded4 ,,vi4--,the lack or inefficacy of judicial preventives2 such as statutes for registration1 and those against concealment of birth and secret burials4 ,,vii4--,the prevalent ignorance of the true principles of its jurisprudence in both government officials and medical witnesses4 ,,viii4--,social extravagance and dissipation4 ,,ix4--,the doctrines of political economists4 ,x4--,the fear of child-bed4 99 99 99 99 99 ,that public opinion should at present attach so little importance to the value of ftal life1 has already been shown to be owing in great measure to ignorance respecting its actual existence in the earlier months of pregnancy4 ,two other1 and no less general1 physiological errors prevail1 extensively inculcated by popular authors and lecturers for their own sinister purposes4 ,one of these is the doctrine that it is detrimental to a woman's health to bear children beyond a certain number1 or oftener than at certain stated periods1 and that any number of abortions are not merely excusable1 as preventives1 but advisable2 it being entirely forgotten that the frequency of connection may be kept within bounds1 and the times of its occurrence regulated1 by those who are not willing to hazard its consequences2 that if women will1 to escape trouble or for fashion's sake1 forego the duty and privilege of nursing1 a law entailed upon them by nature1 and seldom neglected without disastrous results to their own constitutions1 they must expect more frequent impregnation2 that the habit of aborting is generally attended with the habit of more readily conceiving2 and that abortions1 accidental1 and still more if induced1 are generally attended by the loss of subsequent health1 if not of life4 ,this error is one which would justify abortion as necessary for the mother's own good2 a selfish plea4 ,the other is based on a more generous motive4 ,it is that the fewer one's children1 the more healthy they are likely to be1 and the more worth to society4 ,it is1 however1 equally fallacious with the first1 and is without foundation in fact4 ,the ,spartans and ,romans1 so confidently appealed to1 gave birth probably to as many weakly children as do our own women2 that they destroyed many for this reason in infancy1 is notorious4 ,the brawny ,highlanders are not the only offspring of their parents2 the others cannot endure the national processes of hardening by exposure and diet1 and so die young from natural causes4 ,but were this theory true even so far as it goes1 the world1 our own country1 could ill spare its frailer children1 who oftenest1 perhaps1 represent its intellect and its genius4 ,in asserting that the doctrines of the leading political economists for the last half century are accountable for much of the prevalence and increase of the crime1 ignorant or careless as these writers all seem of the dire means that would be resorted to for the attainment of their ends1 ,i have in no way exaggerated4 ,malthus remarks in his well-known ,essay on ,population1 that 8in the average state of a well-peopled territory1 there cannot well be a worse sign than a large proportion of births1 nor can there well be a better sign than a small proportion20#hc and he endorses the assertion of ,hume1 subsequently proved false by ,sadler1#hd that the permission of child-murder1 by removing the fear of too numerous a family in case of marriage1 tends to encourage this step1 and thereby the increase of population2 8the powerful yearnings of nature preventing parents from resorting to so cruel an expedient1 except in extreme cases40#he ,sismondi#hf and a host of others might also be quoted1 but a few extracts from a later writer1 standard in this country at present1 and taught in our universities1 till very lately in that at ,cambridge1 for instance1 will suffice4 8,we greatly deprecate10 says ,mill1 8an increase of population1 as rapid as the increase of production and accumulation40#hg 8,there is room in the world1 no doubt1 and even in old countries1 for an immense increase of population4 ,but although it may be innocuous1 ,i confess ,i see very little reason for desiring it40 8,i sincerely hope1 for the sake of posterity1 that they will be content to be stationary long before necessity compels them to it40#hh 8,if the opinion were once generally established among the laboring class1 that their welfare required a due regulation of the numbers of their families1 only those would exempt themselves from it who were in the habit of making light of social obligations generally40#hi 8,the principles contended for include not only the laboring classes1 but all persons1 except the few who being able to give their offspring the means of independent support during the whole of life1 do not leave them to swell the competition for employment40#ij 8,when persons are once married1 the idea never seems to enter any one's mind1 that having or not having a family1 or the number of which it shall consist1 is at all amenable to their own control4 ,one would imagine that it was really1 as the common phrases have it1 ,god's will and not their own1 which decided the number of their offspring40#ia 8,in a place where there is no room left for new establishments10 says ,sismondi1 entirely ignoring the escapes offered by emigration and the increased importation of food1 8if a man has eight children1 he should believe that unless six of them die in infancy1 these1 and three of his own contemporaries of each sex1 will be compelled to abstain from marriage in consequence of his own imprudence40#ib ,the direct result of remarks like these last1 so pointed and plainly to be understood1 is seen in the statistics ,i have so largely given4 ,would mankind1 in following such advice1 merely resort to greater abstinence before their means allow the expense of children1 and to greater prudence after that period1 no fault could be found2 but when we discover criminal abortion thus justified and almost legitimated1 we may well oppose to such doctrine the words of the indeed admirable ,percival1 8,to extinguish the first spark of life is a crime of the same nature1 both against our ,maker and society1 as to destroy an infant1 a child1 or a man40#ic ,fear of child-bed1 in patients pregnant for the first time1 or who had suffered or risked much in previous labors1 might formerly have been allowed some weight in excuse1 but none at all in these days of ansthesia4 ,it has been urged1 and not so absurdly as would at first sight appear1 that the present possibilities of painless and so much safer delivery1 by changing thus completely the primal curse1 from anguish to a state frequently of positive pleasure1 remove a drawback of actual advantage1 and by offering too many inducements for pregnancy1 tend to keep women in that state the greater part of their menstrual lives4 99 99 99 99 99 ,the consideration in detail of the various other causes to which ,i have alluded as accounting for the prevalence of abortion1 together with that of the many special reasons offered in individual cases by way of excuse1 ,i postpone for the present2 merely premising that where ignorance is so evidently and so extensively its foundation1 those who1 possessing1 yet withhold the knowledge which by any chance or in any way would tend to prevent it1 themselves become1 directly1 and in a moral sense1 responsibly accountable for the crime4 ,,iii4 ,,its ,,victims4 ,we have hitherto discussed abortion in the abstract1 as a crime1 and in its relations to the community at large4 ,we have seen its heinous nature1 and its awful extent4#id ,the division of the subject now to be examined naturally presents itself under a fourfold aspect1 numerical1 relational1 social1 and medical2 representing respectively the multitude of the victims of abortion1 their character as parent and child1 their standing in the community1 and the degree1 whether unto death or otherwise1 of their suffering4 ,so far as statistics will at present allow1 the numerical relations of the victims of abortion have already been fully discussed1 the yearly thousands of ftal and the frequent maternal deaths2 one sacrifice at least1 that of the child1 being implied in every case4 ,various incidental questions suggest themselves in this connection1 curious1 and by some1 though erroneously1 thought to be of judicial importance4 ,two of them will be here adverted to2 they are the age or the mother and that of the ftus4 ,it was formerly supposed1 as in infanticide1 that criminal abortion was seldom resorted to save for the concealment of shame2 and as seductions1 confessedly frequent in comparison with adultery1 are most common in youth1 it was laid down as probable that wilful abortions are most frequent between the years corresponding1 from sixteen to twenty-five4 ,subsequent experience1 however1 has disproved this conclusion1 and it is evident that the only real limit to its later occurrence is the menstrual climacteric4 ,in many instances of marriage1 abortions are resorted to at once1 in others after the family has reached a certain point1 and are thence regularly continued4 ,the age of the ftus is of much more interest2 not1 as will ultimately appear1 for the same reason as in cases of infanticide1 but as proving to a certain extent one of the facts we have already considered1 the error prevalent regarding the commencement of ftal life4 ,it was ,orfila's opinion that criminal abortion was most frequent in the two first months of pregnancy4 ,this would naturally have been supposed the case1 as then some doubt might always obtain regarding its existence1 and the excuse that the measures resorted to were for the purpose of preventing ill effect from an abnormal menstrual suppression would be more available4 ,devergie1 on the other hand1 was inclined to put the limits of greatest frequency at from three months to four and a half2 while ,briand and ,chaud thought the crime more common in the third month than the fifth1 and in this last month much more frequent than even in the first or second4 ,tardieu also came to a similar conclusion4#ie ,he ascertained1 that of #cd cases investigated by himself1 #be were in from the third to the sixth month1 most in the third2 #e in the first two months2 #d in the seventh and eighth2 or that the cases in the third month1 or shortly after1 were five times as numerous as at either an earlier or a later period1 and nearly three times as numerous as in both combined4 ,upon examining the ,register of the ,morgue1 we find its statistics strikingly corroborative of these deductions4 ,we have already seen that from #ahcg-ed there had been deposited at the ,morgue #fib ftuses of less than nine months4 ,of these1 #bc were from the first to the second month2 #gi 0 0 second to the third2 #ajh 0 0 third to the fourth2 #aeh 0 0 fourth to the fifth2 #aej 0 0 fifth to the sixth2 #ig 0 0 sixth to the seventh2 #dh 0 0 seventh to the eighth2 #bi 0 0 eighth to the ninth4 ,it has been stated that #eai1 or five-sixths of them all1 were not over six months1 and it now appears that on a scale twenty times larger than that given by ,tardieu from his own experience1 nearly two-thirds of the ftal deaths induced by abortion were in from the third to the sixth month of pregnancy2 the three periods included giving a much larger proportion than any others1 and the two last of them being almost identical4 ,the extreme paucity shown by the above table in the first and ninth months1 and the decrease in the seventh and eighth from those preceding1 are worthy of remark4 ,it is probable that the sudden increase may be attributed to mental reaction after the first shock occasioned by the absolute certainty of pregnancy is past2 and the subsequent decrease to the fact that in many attempted criminal abortions during the later months children are born alive1 the mother's courage then proving insufficient for infanticide and its greater and more probable punishment4 ,the truth seems to be that while frequently the crime is committed in the very earliest period of pregnancy1 in the belief that possibly all alarm may be false1 in most cases the woman waits a month or two to be sure that she really is pregnant4 ,after the sixth month the comparative rarity of the crime is undoubtedly owing to the fact that ftal life is then rendered certain by the perceived movements of the child1 the more strongly as pregnancy advances4 ,it was formerly thought that the induction of criminal abortion was confined to the unmarried alone2 there exists1 however1 abundant proof to the contrary4 ,had such been the fact it would be reasonable to suppose that with the increase of marriages1 the number of premature and still-births would have lessened4 ,in proportion1 however1 as the number of marriages has increased1 so has the number of ftal deaths1 and in similar ratio the number of living births has declined2 proving1 as ,husson was compelled to acknowledge of ,paris1 8a decrease in the fecundity of legitimate unions10#if explainable in nowise but by a criminal cause4 ,direct statistics on this point are still wanting1 and must come1 almost entirely1 from medical men4 ,the writer's published experience has been already referred to2 subsequent practice has only confirmed it4 ,again1 the victims of abortion are not confined to the inhabitants of cities4 ,of the prosecutions in ,france during #ahea-ec1 it appears that but little more than a tenth of the whole number occurred in the ,department of ,seine4#ig ,but we have already furnished much stronger evidence on this point4 ,finally1 though the excessive extravagance of the day1 entailing as it does to so many an annual expenditure incommensurate with their income1 is accountable in no small degree for the crime1 yet it cannot always be alleged4 ,there is too much reason to believe that with our communities it is as with others4 ,in ,france it appears that the poor and uneducated have on the whole the largest families1 contrary in some respects to established hygienic rules2 while1 on the other hand1 the rich are inclined as far as possible to restrict the number of their children1 often indeed stipulating beforehand1 at marriage or previously1 that such shall be few or none4#ih ,but not only must we believe that this crime prevails in our midst to an almost incredible extent among the wealthy and educated and married2 we are compelled to admit that ,christianity itself1 or at least ,protestantism1 has failed to check the increase of criminal abortion4 ,it is not astonishing to find that the crime was known in ancient times1 as shown by evidence previously given1 nor that it exists at the present day among savage tribes1 excused by ignorance and superstition2 but that ,christian communities should especially be found to tolerate and to practice it1 does almost exceed belief4 ,in the previous remarks1 the ,french have been compared with our own people1 not merely because of their published statistics1 but because from their loose morals and habits of life they might be thought to represent the extreme to which the crime would be likely to obtain among civilized nations4 ,we have shown reason to suppose that we equal them in guilt1 if we do not exceed them4 ,now it must be borne in mind that the ,french are ,catholic2 that the rules of that church do not1 as has been generally supposed1 permit abortion in the earlier months1#ii but that they rigidly exercise over ftal life throughout pregnancy the most absolute guard and supervision2#ajj instances of this in cases where craniotomy is supposed to be indicated1 are familiar to every practitioner4 ,the church1 here omnipotent against the physician1 and desiring that every created human being should receive the benefit of baptism1 demands that ftal death must have taken place previously to the operation proposed4 ,it does not seek for the signs of ftal life1 but takes this for granted1 and requires that its absence must be proved before allowing the removal of the child1 even though this is necessary to save the mother's life4 ,the rule runs thus3 8,sedulam operam dent sacerdotes1 ut quantum poterunt1 impediant nefandum illud scelus quo adhibitis chirurgicis instrumentis infans in utero interficitur4 ,omnis ftus quocumque tempore gestationis editus baptizetur1 vel absolute1 si constet de vit2 vel sub conditione1 nisi evidenter pateat eum vit carere40#aja ,in cases where instrumental delivery is absolutely necessary1 the ceremony of baptism as ordinarily administered is of course impossible4 ,but as this is deemed so important by the ,catholic ,church1#ajb even to the sacrifice of the mother1 any means of overcoming this obstacle1 fatal to countless maternal lives1 should be accounted1 if found practicable1 of the utmost importance4 ,for this purpose1 therefore1 ,i do not hesitate to recommend intra-uterine baptism1 the consecrated element being carried to the child1 if too high to be reached by the hand1 by a sponge and staff1 or if necessary1 by a syringe1 as was long ago sanctioned by the theologists of the ,sorbonne2#ajc in the absence of a clergyman1 if the case is urgent1 the rite accounted so sacred being performed by the physician in attendance rather than to allow the death of the mother4 ,i know that many of the profession1 from fear of ridicule or dislike to sanction what they do not believe in1 would shrink from such a duty4 ,is it not1 however1 due to humanity in every way to prevent this frequent murder8 for such1 by our apathy and neglect1 the mother's death in these cases becomes4 ,can we1 as ,christians1 refuse any aid8 ,i am not ashamed to acknowledge that for myself1 though no ,catholic1 ,i have performed this intra-uterine baptism1 where delivery without mutilation was impossible4 ,i could neither conscientiously assert the child's death1 nor allow the mother to linger till it should occur1 while the friends1 in the absence of a priest1 whose presence it was impossible to procure for many hours1 would not permit the operation4 ,remonstrance was useless2 had ,i refused ,i should have been morally responsible for the almost inevitable death of the woman2 it was1 therefore1 simply my duty4 ,i shall now quote from an admirable letter ,i have lately received from the ,catholic ,bishop of ,boston4 ,the extracts are couched in so forcible language1 and their spirit is so thoroughly ,christian1 that ,i need not apologize for their length1 or that they recapitulate arguments ,i have already advanced4 8,the doctrine of the ,catholic ,church10 remarks ,bishop ,fitzpatrick1 8her canons1 her pontifical constitutions1 her theologians without exception1 teach1 and constantly have taught1 that the destruction of the human ftus in the womb of the mother1 at any period from the first instant of conception1 is a heinous crime1 equal1 at least1 in guilt to that of murder4 ,we find it distinctly condemned as such even as far back as the time of ,tertullian1 7at the end of the second century17 who calls it festinatio homicidii1 a hastening of murder4 ,the ,pope1 ,sixtus the ,fifth1 in a bull published in #aehh1 subjects those guilty of the crime to all the penalties1 civil and ecclesiastical1 inflicted on murderers4 ,it is denounced and reprobated in many other canons of the church4 8,the reason of this doctrine 7apart from the authority of the church7 must1 it seems to me1 appear evident upon a little reflection4 ,the very instant conception has taken place1 there lies the vital germ of a man4 ,true1 it is hidden in the darkness of the womb1 and it is helpless2 but it has sacred rights1 founded in ,god's law1 so much the more to be respected because it is helpless4 ,it may be already a living man1 for neither mothers nor physicians can tell when life is infused2 they can only tell when its presence is manifested1 and there is a wide difference between these two things4 ,at any rate1 it is from the first moment potentially and in radice a man1 with a body and a soul destined most surely by the will of the ,creator and by his law1 to be developed into the fullness of human existence4 ,no one can prevent that development without resisting and annulling one of the most sacred and important laws established by the ,divine ,author of the universe1 and he is a criminal1 a murderer1 who deals an exterminating blow to that incipient man1 and drives back into nothingness a being to whom ,god designed to give a living body and an immortal soul4 8,from this it follows that the young woman whose virtue has proved an insufficient guardian to her honor1 when she seeks by abortion to save in the eyes of man that honor she has forfeited1 incurs the additional and deeper guilt of murder in the eyes of ,god1 the judge of the living and the dead4 ,who can express what follows with regard to those women1 who1 finding themselves lawfully mothers1 prefer to devastate with poison or with steel their wombs1 rather than bear the discomforts attached to the privilege of maternity1 rather than forego the gaieties of a winter's balls1 parties1 and plays1 or the pleasures of a summer's trips and amusements8 8,but abortion10 the ,bishop continues1 8besides being a direct crime against a positive law of ,god1 is also an indirect crime against society4 ,admit its practice1 and you throw open a way for the most unbridled licentiousness1 you make woman a mere instrument for beastly lust4 ,every woman is somebody's mother or daughter or sister or wife2 or she bears all these relations at once4 ,whatever protection1 therefore1 we would claim for a woman because she stands in any of these relations to us1 we should also extend to all women1 because they bear some one of all these relations to others4 ,most assuredly1 then1 we should remove none of the safeguards that protect female virtue4 ,but if we take away the responsibility of maternity1 we destroy one of its strongest bulwarks4 8,it affords me pleasure10 he concludes1 8to learn that the ,american ,medical ,association has turned its attention to the prevention of criminal abortion1 a sin so directly opposed to the first laws of nature1 and to the designs of ,god1 our ,creator1 that it cannot fail to draw down a curse upon the land where it is generally practiced40#ajd ,such being the doctrine of the ,catholic ,church1 and statistics nevertheless proving that its so stringent statutes against the destruction of ftal life1 enforced alike by denouncement and excommunication1 are constantly broken in ,catholic ,france1 it is more than probable1 from the existence of this fact1 in addition to all the various causes of the crime we have seen equally prevailing there and in this country1 that the actual number of abortions is much greater with ourselves2 at least with the ,american and native portion of our population4 ,we have indeed shown that this is really the case in ,massachusetts4#aje ,viewing this subject in a medical light1 we find that death1 however frequent1 is by no means the most common or the worst result of the attempts at criminal abortion4 ,this statement applies not to the mother alone1 but1 in a degree1 to the child4 ,we shall perceive that many of the measures resorted to are by no means certain of success1 often indeed decidedly inefficacious in causing the immediate expulsion of the ftus from the womb2 though almost always producing more or less severe local or general injury to the mother1 and often1 directly or by sympathy1 to the child4 ,the membranes or placenta may be but partially detached1 and the ovum may be retained4 ,this does not necessarily occasion degeneration1 as into a mole or hydatids1 or entire arrest of development4 ,the latter may be partial1 as under many forms1 from some cause or another1 does constantly occur2 if from an unsuccessful attempt at abortion1 would this be confessed1 or indeed always suggest itself to the mother's own mind8 ,fractures of the ftal limbs prior to birth are often reported1 unattributable in any way to the funis1 which may amputate indeed1 but seldom break a limb4 ,a fall1 or a blow1 is recollected2 perhaps it was accidental1 perhaps not1 for resort to these for criminal purposes is very common4 ,in precisely the same manner may injury be occasioned to the nervous system of the ftus1 as in a hydrocephalic case long under the writer's own observation1 where the cause and effect were plainly evident4 ,intra-uterine convulsions have been reported2 as induced by external violence they are probably not uncommon1 and the disease thus begun may eventuate in epilepsy1 paralysis1 or idiocy4 ,to the mother there may happen correspondingly frequent and serious results4 ,not alone death1 immediate or subsequent1 may occur1 from metritis1 hemorrhage1 peritonitic or phlebitic inflammation1 from almost every cause possibly attending not merely labor at the full period1 comparatively safe1 but miscarriage1--increased and multiplied by ignorance1 by wounds and violence2 but if life still remain1 it is too often rendered worse than death4 ,the results of abortion from natural causes1 as obstetric disease1 separate or in common1 of mother1 ftus or membranes1 or from a morbid habit consequent on its repetition1 are much worse than those following the average of labors at the full period4 ,if the abortion be from accident1 from external violence1 mental shock1 great constitutional disturbance from disease or poison1 or even necessarily induced by the skilful physician in early pregnancy1 the risks are worse4 ,but if1 taking into account the patient's constitution1 her previous health and the period of gestation1 the abortion has been criminal1 these risks are infinitely increased4#ajf ,those who escape them are few4 ,in thirty-four cases of criminal abortion reported by ,tardieu1 where the history was known1 twenty-two were followed1 as a consequence1 by death1 and only twelve were not4 ,in fifteen cases necessarily induced by physicians1 not one was fatal4#ajg ,it is a mistake to suppose1 with ,devergie1 that death must be immediate1 and owing only to the causes just mentioned4 ,the rapidity of death1 even where directly the consequence1 greatly varies2 though generally taking place almost at once if there be hemorrhage1 it may be delayed even for hours where there has been great laceration of the uterus1 its surrounding tissues1 and even of the intestines2#ajh if metro-peritonitis ensue1 the patient may survive for from one to four days1 even indeed to seven and ten4 ,but there are other fatal cases1 where on autopsy there is revealed no appreciable lesion2 death1 the penalty of unwarrantably interfering with nature1 being occasioned by syncope1 by excess of pain1 or by moral shock from the thought of the crime4#aji ,that abortions1 even when criminally induced1 may sometimes be safely borne by the system1 is of little avail to disprove the evidence of numberless cases to the contrary4 ,we have instanced death4 ,pelvic cellulitis1 on the other hand2 fistul1 vesical1 uterine1 or between the organs alluded to2 adhesions of the os or vagina1 rendering liable subsequent rupture of the womb1 during labor or from retained menses1 or1 in the latter case1 discharge of the secretion through a ,fallopian tube and consequent peritonitis2 diseases and degenerations1 inflammatory or malignant1 of both uterus and ovary2 of this long and fearful list1 each1 too frequently incurable1 may be the direct and evident consequence1 to one patient or another1 of an intentional and unjustifiable abortion4 ,we have seen that in some instances the thought of the crime1 coming upon the mind at a time when the physical system is weak and prostrated1 is sufficient to occasion death4 ,the same tremendous idea1 so laden with the consciousness of guilt against ,god1 humanity1 and even mere natural instinct1 is undoubtedly able1 where not affecting life1 to produce insanity4 ,this it may do either by its first and sudden occurrence to the mind2 or1 subsequently1 by those long and unavailing regrets1 that remorse1 if conscience exist1 is sure to bring4 ,were we wrong in considering death the preferable alternative8 ,,iv4 ,,its ,,proofs4 ,it is by no means an easy thing in all cases to obtain evidence that an abortion has occurred2 still more difficult1 that it has been intentionally induced4 ,as most laws read1 it is necessary at the outset to prove the existence of pregnancy2 as many still stand1 it must be shown that the woman has quickened4 ,these requisitions are unwise and unjust1 and under them1 if insisted on by adroit counsel1 it is almost useless to pursue prosecution4 ,in the earlier months1 before quickening has occurred or the ftal pulsations have become evident to the ear1 it is impossible1 as ,i have elsewhere insisted1#aaj ever to be sure of the existence of pregnancy1 and yet attempts at its termination are then in no degree less criminal4 ,the only infallible sign of pregnancy is the sound of the ftal heart1 not always to be detected1 even by the double stethoscope4 ,putting aside1 therefore1 the question of the existence of pregnancy and of ftal life1 as taken for granted on the one hand by the attempt at their termination1 and as proved on the other by this result1 it is found that the evidence of abortion classifies itself into proofs of its occurrence1 of its commission1 of the criminal intent1 and of the identity of the party accused4 #a4 ,the ,occurrence4 ,the abortion may perhaps be known to have taken place by confession or witness2 in either case requiring no further demonstration4 ,instances are not rare1 however1 where suspicion merely may exist1 and the fact must be proved by collateral testimony2 and this in two cases1 where the woman is still alive1 and where she is dead4 ,the general history of the case1 even if pregnancy and delivery be equally denied1 may throw some light on its true nature4 ,this as given1 no matter how affected by the evidence of interested or implicated witnesses1 may be probable or improbable2 as in an instance related by ,burns1#aaa where her sudden lessening in bulk was ascribed by a patient to a night's profuse sweating1 of course an impossible result4 ,but1 on the other hand1 care is necessary lest from its rarity of occurrence or its improbability1 the reality should be disbelieved4 ,cases are on record where innocent women1 suffering from retention of menses or from ovarian disease1 and suddenly relieved by a critical and spontaneous discharge1 have on suspicion of abortion lost character and even their lives4 ,if the statements contradict each other1 this fact of itself may reveal the truth4 ,there are at times difficulties in proving delivery at the full period of pregnancy1 as is well known4 ,the earlier in gestation1 if the patient survive1 the more these difficulties are enhanced4 ,the occurrence of normal labor cannot be discovered with any certainty by a personal examination after eight days have elapsed1#aab those of an early abortion not even after only one or two4#aac ,the signs of delivery that are well marked at the full period1 the general symptoms then obtaining1 the size of the uterus1 ascertained by the hand and sound1 lacerations of the perineum and cervix1 the lochia1 the state of the breasts1 abdomen1 vagina1 and vulva1 all of little value except in conjunction with each other1 are proportionately less defined as we go back1 until near the commencement of pregnancy it becomes impossible to distinguish the abortion from severe hemorrhage or from menorrhagia1 unless by detecting the impregnated ovum4 ,if the patient is dead1 and too long time have not elapsed since the supposed occurrence1 decision is often more easy2 many facts in the case being generally known1 and concealment being less possible4 ,if the ovum1 but partially detached1 be still retained1 the fact is self-evident2 if it has been discharged1 and concealed or lost1 there will still be present the recent corpus luteum and other well-known signs1 in proportion to the period of the pregnancy4 ,allowance1 in this latter respect1 must be made for the possibility of partial uterine contraction after death1 as is sometimes known to occur at the full period2#aad the writer has seen it to a marked degree some time previous to the expiration of pregnancy1 at a ,csarean section after death from laryngitis1 occurring in the ,edinburgh ,maternity ,hospital4 #b4 ,the ,commission4 ,allowing the fact of the occurrence of an abortion to be proved or granted1 it becomes necessary to discover its cause1 whether accidental1 natural1 or intentional4 ,of this it will be found that the proofs are both positive and negative2 drawn from the history of the case and from personal examination of the patient and the ftus4 ,the value of each of these elements is increased in proportion as it is compared with the other2 but 8this ,i wish most especially to have noted1 that ,,wherever ,,there ,,is ,a ,,miscarriage1 ,,there ,,is ,,always ,,present ,,some ,,actual1 ,,perceptible1 ,,and ,,often ,,tangible ,,cause40#aae ,the story of the patient may be to one effect1 and that of other parties involved1 to a very different one2 if the first is corroborated by the second1 it may again1 as has already been remarked1 present or not the likelihood of truth4 ,if the habit of aborting at a certain period has existed1 which of course cannot be alleged in a first pregnancy1 if the patient has had sudden fright or grief1 or is known to have been accidentally injured1 the chances are to be considered in her favor1 in the absence of proof to the contrary4 ,the converse of this statement1 however1 must not be considered as always and necessarily true4 ,women have time and again suffered shipwreck1 undergone torture1 been thrown from a height1 and otherwise severely injured1 and yet have escaped miscarriage2 while1 on the other hand1 they may repeatedly have aborted before1 and yet passing safely their usually critical point1 may without trouble go on to the full period4 ,in still other cases there may exist local disease1 pelvic or uterine1 which1 if left alone1 would of itself occasion miscarriage4 ,the character of the abortion is not without its value1 whether occurring suddenly and without apparent cause1 or preceded by maternal disease or the signs of ftal death4 ,examination of the mother1 though proof that she has herself been injured is not necessary to establish the crime1 may reveal local wounds and mutilations2 or their absence1 which1 however1 by no means goes to prove that violence may not have been inflicted2 and1 on the other hand1 as in a case lately reported by the writer to the ,boston ,society for ,medical ,observation1 traces of former violence in instrumental or other labors may remain1 and to such an extent as to give to the touch every character of a recent and criminal interference4#aaf ,the ftus may show pre-existing and natural disease sufficient to account for the effect apparent1 or may present the signs of direct and intentional interference4 ,recent scars of venesection on the arms and feet1 and of leech-bites1 especially on the upper and inner parts of the thighs1 are suspicious in a patient who has aborted1 unless they were evidently required by the state of her previous health4 ,if signs of irritant injections into the vagina are present1 they are ground for more than suspicion4 ,the instrument1 where used1 with which the operation has been performed1 may sometimes be identified2 though this is almost impossible unless by confession or direct testimony4 ,the weapons resorted to by the unprofessional are various2 knitting kneedles1 pen handles1 skewers1 goose quills1 pieces of whale-bone1 and even curtain rods1 are among the number4 ,the finger alone1 except where the uterus is prolapsed or can be depressed1 and the os is very soft and patulous1 is seldom if ever sufficient for the deed4 ,if a physician be accused1 it is important to notice with what instrument the crime is said to have been performed1 if before witnesses1 and whether it was introduced openly or under pretence of a digital examination4 ,the sensations of the patient at the time1 are also in different cases unlike each other4 ,in some instances nothing unusual is observed1 in others a prick or probing1 but in most an acute and tearing uterine pain1 often followed by syncope or an hysterical attack4 ,slight but immediate hemorrhage generally occurs1 save in professional cases1 increased by compelled exercise1 prolonged baths or ergot4 ,the time ensuing before the expulsion of the ftus is an element not to be lost sight of4 ,in #cd cases reported by ,orfila1 the minimum observed was #ac hours1 the maximum #f days2 in #cf cases by ,tardieu1 the minimum was #e hours1 the maximum #aa days4 ,of these last cases1 however1 #bi were within #d days4 ,it cannot be alleged in excuse that the sex of the child1 so fatal in advanced pregnancy1 has any influence in producing early abortion4 ,in #bic premature still-births reported by ,collins1#aag #adf were male and #adg female1 bearing the proportion of #ajj to #ajj4 ,nor can the plea of ,drs4 ,gordon ,smith1 ,good1 ,paris1 and ,copeland1 that as a ftus born before the seventh month has a slender chance of surviving1 its murder should be viewed with leniency1#aah be allowed4 ,such arguments1 that the perils and dangers to which the ftus is naturally subjected should lessen the criminality of attempts at its destruction1 are without foundation1 and when advanced by physicians are utterly unworthy the profession4 #c4 ,the ,intent4 ,we shall hereafter discuss the perpetrators of the crime1 and the emergencies which can alone justify the induction of premature labor or obstetric abortion4 ,we shall see that by none save medical men can such necessity ever be known2 it is1 therefore1 apparent that the intent may frequently be judged from the relation of the parties implicated1 and the excuses offered by them4 ,it will also often appear from the other circumstances of the case4 ,that the child was likely to be born a bastard1 and to be chargeable to the reputed father1 would be evidence to that effect2 and proof of the clandestine manner in which the drugs were procured or administered would tend the same way4#aai ,on the part of the mother1 bastardy also1 the having denied the existence of pregnancy1 concealed its expelled product1 expressed an intention or desire to abort1 made a known application for this purpose1 visited a notorious abortionist1 taken alleged specifics1 or given similar advice to a friend1 are all presumptive evidence2 as are also the having neglected to send for aid when needed1 or refused to take precautions or remedies when prescribed4 ,in like manner1 evidence of criminal intent would seem apparent1 if drugs generally supposed abortive had been advised or given to a pregnant woman1 or violence of any kind usually productive of the effect in question1 even to tooth-drawing1 had been hastily or unnecessarily used4 ,here1 as in many other cases where no malice is expressed or openly indicated1 the law will imply it2 if1 for instance1 a man wilfully poisons another1 in such a deliberate act the law presumes malice1 though no particular enmity can be proved4#abj ,malice is not confined in its legal definition to ill-will toward one or more individual persons1 but is intended to denote an action flowing from any wicked or corrupt motive1 a thing done malo animo1 where the fact has been attended with such circumstances as carry in them the plain indications of a heart regardless of social duty and fatally bent on mischief2 and1 therefore1 it is implied from any deliberate or cruel act against another4#aba ,the rule is1 that the implication of malice arises in every such case1 and all the circumstances of accident1 necessity1 or infirmity are to be satisfactorily established by the party charged1 unless they arise out of the evidence and attending circumstances2 if they do not1 there is nothing to rebut the natural presumption of malice4 ,this rule is founded on the plain and obvious principle that a person must be presumed to intend to do that which he voluntarily and wilfully does in fact do1 and that he must intend all the natural1 probable1 and usual consequences of his own act4#abb ,the standing in society of the accused1 unless notoriously bad1 should of course be allowed to weigh but little2 the less the likelihood of the crime1 the greater1 from example and previous education1 its guilt4 ,if violent purging or vomiting have been resorted to without any apparent reason1 or to a greater extent than ordinarily prescribed or required2 or if leeches have been applied to the thighs1 to the number of an hundred or more1 as instanced by ,tardieu1 or the like1 there is certainly ground for strong suspicion4 ,and here it is that the criminal liability of careless or ignorant physicians becomes evident4 ,in cases such as we have referred to1 it would be very difficult for a successful defence to be offered1 providing the pregnancy had been suspected by those not implicated1 were the statutes on abortion properly drawn and enforced4 ,it has been ruled1 and very justly1 that attempts at the crime1 though unsuccessful2 or effective1 yet the ovum retained as mole1 hydatids1 skeleton1 mummy1 or putrilage2 and whether the woman be pregnant or not1 and if pregnant1 whether the child be alive1 dead1 or1 abnormally developed or degenerated1 should be amenable as though fully consummated4#abc ,we have seen the frequent difficulty in proving ftal life2 the attempt at its destruction shows the belief in its existence1 and the intent4 ,the proofs will here of course be of a different nature4 ,the signs of delivery will be absent1 and all evidence from the product of conception1 unless the mother's death ensue2 in which event1 as in the other fatal cases we have considered1 and on the principle just laid down1 procedure might be had on the charge either of abortion or homicide2 but it must not be forgotten1 as we early pointed out1 that immediate death from the shock may occur1 and no lesion of any kind be found4 ,the patient or parties interested are proved by the attempt to have supposed pregnancy existing1 and to have behaved as though this were the fact4 ,the age of the patient is not of consequence2 nor is that of the ftus1 save as corresponding with the alleged period of pregnancy1 in case any doubt exist as to its own identity or that of the mother1 and as bearing on the statement we have already attempted to prove1 that criminal abortion is comparatively rare after the period of quickening1 and1 therefore1 on the probability of intent4 ,the number of the pregnancy is also wholly immaterial1 different as are the causes alleged for its criminal induction1 and equally liable in youth and age1 as women seem to be1 to accident or placental disease4 ,whitehead and ,west are of opinion that abortion naturally resulting is most common after the sixth pregnancy1#abd but the point needs further investigation4 ,among the proofs of intent must be included1 as we have seen1 the excuses offered by the accused or suspected party1 and the means resorted to for consummation4 ,these we now proceed to examine4 ,it will be evident that the plea of necessity can be made by none but a medical man4 ,we shall show that the cases where abortion is legitimated by the rules of science are extremely few1 and that for safety's sake their applicability should in no instance be allowed to rest upon a single opinion4#abe ,for all others beside the physician there can be no allowable excuse except1 in the mother's case1 insanity2 which1 however common in the true puerperal state1 and often no doubt then showing itself by infanticide1 has in early pregnancy1 and to any extent1 still to be observed4 ,other pleas as offered by the mother1 ignorance of pregnancy or of ftal life1 duress1 personal health or that of her family1 accident1 carelessness1 fear of child-bed1 malpractice on part of the attendant1 we have already considered at sufficient length4 ,it is sometimes effected in hatred of the husband or in jealousy1 sometimes for concealment of shame2 excuses of little more value than those of extravagance or fashion4 ,constitutional predisposition can hardly be asserted1 unless the miscarriage have been preceded by others2 very many ineffectual attempts are on record1 although the existence of such predisposition was evident4 ,it will often be alleged that the measures instituted were to prevent instead of to effect the miscarriage1 and that this has resulted in consequence merely of an excess of good-will2 the sophistry is generally apparent4 ,the means resorted to are for two purposes3 on the one hand1 to prepare the patient for the abortion and preliminarily to lessen her danger1 or to conceal the character of those1 on the other hand1 which really occasion it1 and for this end used prior or subsequently to them4 ,we may yet take occasion to consider these several agents in some detail2 it remains only to remark that their use in any given case must be compared with what was then actually needed1 or would have been required had the abortion been justifiable and necessary4 ,certain drugs1 ergot and savin for instance1 the class of so-called abortives1 popularly considered specific1 are always suggestive of evil intent4 ,they would not be used1 were abortion necessary1 by a well-informed practitioner1 caring for the life of the parent or ftus4 ,the same is true1 though of course to a more limited extent1 of all over-drugging1 over-manipulation1 or over-exertion by a pregnant woman1 by whomsoever advised or performed4 ,in every instance it is necessary to compare the cause alleged with the effects observed1 and to judge of it from these4 ,where direct operative manuvres are suspected or charged1 the processes or instruments1 the results1 immediate and consecutive as well as remote1 the period elapsing before their occurrence1 must all be taken into careful consideration4 ,but1 on the other hand1 it is immaterial what was the agent1 and whether or not it would produce abortion1 if it was believed capable of this effect1 and employed or administered with that intent4 ,if the person charged knew that the woman was with child1 and the probable effect of the agent administered1 this is good presumptive evidence that the intent was to produce the miscarriage1 and where the effect of abortion is actually thus produced1 it will materially aid the presumption of such intent4#abf ,it was stated early in this inquiry that a difference existed between the methods of investigation1 as regards the examination of the ftus1 proper in abortion and infanticide4 ,the reason of this has been pointed out by ,tardieu4#abg ,in the latter case1 the whole matter turning upon the questions whether the child was born living or dead1 and in which of these states it was injured1 it becomes necessary to prove one or the other of the alternatives1 but in abortion they are intrinsically of no importance whatever4 ,the only points then to be decided are1 was the birth premature1 and if so1 was it intentional1 and if so1 was it absolutely essential and to save either maternal or ftal life4 ,except as bearing on these questions1 therefore1 it is of no consequence whether wounds were inflicted1 whether the lungs had been inflated1 whether the ftus was viable1 or even whether it was ever discovered4 ,in their place1 however1 these points are each important1 but only as bearing on the main facts to be determined4 ,in a case1 for instance1 as that related by ,ollivier d',angers1 where the ftus1 though very immature1 lives several hours after its expulsion1 this fact alone will preclude the idea of a slow and progressively acting cause like most forms of abortive disease1 and will point to some direct interference1 by means suddenly terminating the pregnancy without injuring the ftus4 ,and so in other cases1 especially of sudden maternal death1 it is of importance to ascertain as nearly as possible the period at which death of the ftus took place4 ,if the two were coincident1 the deduction might be other than if the latter were proved to have preceded the former by several days4 ,the differences observed between putrefaction and decomposition in utero and in the open air must not be lost sight of4 ,in the one case1 according to ,orfila1 ,devergie and ,martin1 ,moreau1 ,p4 ,dubois1 ,danyau1 ,cazeaux1 ,tardieu1 and my own experience1 a uniform and characteristic reddish-brown hue obtains in proportion to the time of retention after death1 varied perhaps by the action of the amniotic fluid2#abh the ftus wrinkles1 dries1 and becomes mummified1 unless in earliest pregnancy1 when it generally resolves itself into a gelatinous mass4 ,if the cervix1 the portion of the uterus most frequently wounded1 is found punctured or lacerated1 while the ovum is still retained1 there is reason for suspicion2 if the membranes are torn and extensively detached1 while the cervix is but little dilated1 such is increased2 and it is made almost a certainty1 if with the latter condition1 nothing remain of the ovum in the uterine cavity but lacerated fragments4 ,here the abortion would probably not merely have been intentionally induced1 but by the direct introduction and agency of instruments4 ,wounds of the ftus are much rarer than those of the mother1 and are usually simple pricks of the skin marked by blackish coagula or extravasations2 which1 if upon the skull and unless care be used1 are liable to be simulated by clots casually adhering to the hair or scalp4 ,if the wound be deeper1 its course may be traced by dissection4 ,its situation varies2 ,devergie thinking it always on the back and buttocks1 while ,tardieu1 with some warmth1 would restrict its location to the top of the cranium4 ,this difference is easily explained by variations in the time of pregnancy1 and in consequence partly1 as may also depend on its life or death1 in the presentation of the child4 ,the rarity of their occurrence1 though denied by ,taylor#abi and other medical jurists1 might1 however1 be expected1 and is readily accounted for2 the instruments used by ignorant persons seldom entering the os1 however severely wounding the cervix1 and where they do enter1 usually only piercing the membranes2 against which1 except toward the end of pregnancy1 in a deficiency of liquor amnii1 or in labor1 the ftus can hardly be said to forcibly press4 #d4 ,the ,identity of the ,party ,accused4 ,most of the points here involved having already been incidentally considered1 we will not repeat them4 ,the circumstances and history of the case1 the relative correspondence of different testimony1 the allegations of the accused1 will all bear directly upon the question at issue4 ,in trials for abortion1 of all others1 the medical witness and the advocate should bear in mind their liability to error2 the juror and the judge the fact that innocent persons are at times wrongly accused1 often by the true criminals themselves4 99 99 99 99 99 ,in defence1 it must either be pleaded that the alleged abortion did not occur1 that it was accidental or natural1 that it was necessitated1 or that it was induced by another than the individual charged4 ,the first of these pleas is seldom offered except in the earliest months of pregnancy1 and would be invalid if an attempt at the abortion could be proved4 ,in default of this1 however1 where the ovum has been lost1 or has passed unnoticed1 the fact that the sanguineous effusion was hemorrhagic and attended with clots1 would1 in the absence of any uterine disease sufficient to account for this1 be so far presumptive evidence2 to be corroborated or not by the history of the case4 ,moles and hydatids are now generally allowed to be mere transformations of the product of conception2 their premature discharge1 therefore1 equally an abortion4 ,in answer to the second plea1 the importance of several points must be borne in mind4 ,it has been well put by ,tardieu that it is wrong to commence1 as advised by most authorities on the subject1 by enumerating all the natural and accidental causes liable to have produced the abortion4 ,on the contrary1 the signs and proofs of criminal violence should first be sought1 and these compared with the allegations of witnesses and the possibility of a natural or accidental origin4 ,the traces of falls1 contusions1 and wounds must be found1 not believed on mere allegation2 coincidences must be guarded against1 equally with untruth4 ,we have already laid down rules here available2 that the state of the ftus often affords proof of the cause of its expulsion1 this being slow and natural1 and depending on disease and predisposition1 or not2 that in flagrant malpractice1 the use of alleged specifics1 or of measures likely to produce direct miscarriage1 or otherwise absolutely counter-indicated by the general health and constitution of the patient1 a contradiction exists to the plea offered1 in itself strong presumptive evidence of criminal intent2 and that in certain cases this evidence becomes positive1 as where1 for instance1 a sponge found or proved to have been inserted into the os uteri as a dilating tent1 is alleged to have been intended as a mere pessary and placed in the vagina4 ,if the accused be a physician1 presumed as he should be1 acquainted with the great principles of practice1 his only plea can be1 where the means used were unjustifiable and proved such1 and where the pregnancy was known to others1 that he was ignorant of its existence4 ,liable as the profession are at any time to this charge1 and easy as it is in almost every case1 especially of instrumental procedure1 for us to take such preliminary measures as would be likely to settle the question of the existence of pregnancy1 or to request the presence of a witness to our act1 it is unjust to ourselves and to each other to omit these precautions4 ,but if1 on the other hand1 the charge be utterly unfounded1 it is probable1 as ,i have already remarked1 that contradictions in the testimony or the alleged facts could always be shown to exist1 and the perjury thus exposed4 ,it would be self-evident1 were the accused proved to have been first consulted after the abortion had terminated1 though not if it had only commenced4 ,v4 ,,its ,,perpetrators4 ,it is interesting1 and at the same time of judicial importance to ascertain1 so far as possible1 the standing and character of the perpetrators of this crime4 ,in the first place1 ,french statistics on the large scale show that the number of criminals1 principals and accomplices1 in that country at least1 is in large excess to the instances of the crime1 there having been in #ahc trials1 from #ahbf to #ahec1 not merely #dag parties accused1 but #bac convicted2 and that in #ge per cent4 of the prosecutions and convictions occurring1 where the abortion is not induced by the mother herself1 the offenders are women4#acj ,with us the same statement is1 without doubt1 equally true4 ,the part played by the mother1 herself so often a victim1 is almost always that of a principal1 yet as laws now stand1 she can scarcely ever be reached4 ,the cases where she is under duress1 by threat of other personal violence from her husband or seducer1 and thus compelled to submit to abortion1 or where the act is performed by his direction but without her knowledge1 are so rare1 that in a general statement they may be assumed not to exist4 ,if the mother does not herself induce the abortion1 she seeks it1 or aids it1 or consents to it1 and is1 therefore1 whether ever seeming justified or not1 fully accountable as a principal4 ,we have already seen the position these mothers hold in the community1 high as well as low1 rich as well as poor1 intelligent and educated as well as ignorant1 professedly religious as well as of easy belief1 not single alone1 but married4 ,we turn now to their partners in guilt1 more criminal than themselves2 for whatever excuse the latter may suppose themselves to possess1 the former can have none4 ,the accomplices in criminal abortion are of several classes1 distinguishable in some respects from each other1 especially by the relative frequency with which their part is played4 ,they are3 ,of women1 ,i4--,friends and acquaintance4 ,,ii4--,nurses4 ,,iii4--,midwives and female physicians4 ,of men1 ,,iv4--,husbands4 ,v4--,quacks and professed abortionists4 ,,vi4--,druggists4 ,,vii4--,and worst of all1 though fortunately extremely rare1 physicians in regular standing4 ,in many cases1 such at least is judged by the writer from his own observation1 the abortion is not merely advised1 but induced by some female friend1 especially by one who has herself undergone1 in her own person1 the crime2 perhaps without appreciable evil result1--but this is not necessarily the case1 for even where such result is present and plainly in consequence1 its connection with the true cause is frequently unsuspected or disbelieved4 ,it has been said that misery loves companionship2 this is nowhere more manifest than in the histories of criminal abortion4 ,in more than one instance1 from my own experience1 has a lady of acknowledged respectability1 who had herself suffered abortion1 induced it upon several of her friends1 thus perhaps endeavoring to persuade an uneasy conscience that by making an act common1 it becomes right4 ,such ladies boast to each other of the impunity with which they have aborted1 as they do of their expenditures1 of their dress1 of their success in society4 ,there is a fashion in this1 as in all other female customs1 good and bad4 ,the wretch whose account with the ,almighty is heaviest with guilt1 too often becomes a heroine4 ,so true is the case1 that the woman who dares at the present day publicly or privately to acknowledge it the holiest duty of her sex to bring forth living children1 8that first1 highest1 and in earlier times almost universal lot10#aca is worthy1 and should receive1 the highest admiration and praise4 ,the ease with which an accomplice is procured1 provided the idea originates with the victim herself1 and is not suggested by another1 is found among nurses to be greatly increased4 ,we separate them as a class from midwives and female physicians1 with whom1 though in this country not generally acknowledged or thought identical1 they not unfrequently aim to be confounded4 ,they are usually1 and rightly1 thought more familiar with the laws of health and disease1 than the generality of their sex2 they are1 if doing their duty in his sight1 seen to be treated with respect by the physician2 they are commonly of mature age1 supposed discreet1 wise1 and to keep their own counsel2 they have had opportunities of gaining the confidence of the mother2 many of them have themselves borne families4 ,they are therefore approached with less hesitation1 and are not always found proof against an offered fee4 ,what we have said of nurses applies with increased pertinency to female physicians and midwives4 ,these make it their claim1 in rivalry of the male physician1 that their schools and their practice are1 like his1 founded on those abroad1 especially of ,paris4 ,tardieu shows1 in a total of #cb cases occurring in that city and collected by himself1 that in #ba--no less than #ff per cent41 or two-thirds of the whole number reported--the crime was perpetrated by midwives4#acb ,this class frequently cause abortion openly and without disguise4 ,they claim a right to use instruments1 and to decide on the necessity and consequent justifiability of any operation they may perform4 ,where they establish private hospitals1 professedly for lying-in women or not1 their chances1 previously great1 of committing this crime and infanticide with impunity1 become more than doubled4 ,it has been found necessary in ,france for the police to exercise rigid surveillance over these establishments4 ,in one instance1 occurring at ,grenoble1 it was proved that within three years there had happened in the house thirty-one still-births at the full time1 or deaths just after birth1 and that the abortions and miscarriages had been almost innumerable4#acc ,in another case1 to conceal the evidence of these truly corpora delicti1 and to evade the law against secret burials1 the midwife had established an understanding and a current account with an undertaker1 who was accustomed to smuggle her ftuses into his coffins1 by the side of the corpses confided to him for burial4 ,in still other cases1 the victims are kept on hand1 preserved in jars2 private collections vieing in extent with those of legalized obstetric museums4 ,by these remarks we would not be supposed endeavoring to excite prejudice against female physicians and midwives1 as such1 or advocating their suppression4 ,we are now merely considering this crime of abortion1 in relation to which they are peculiarly and unfortunately situated4 ,at present everything favors their committing the crime2 their relations to women at large1 their immunities in practice1 the profit of this trade1 the difficulty1 especially from the fact that they are women1 of insuring their conviction4 ,let better laws be enforced1 and let public opinion be enlightened concerning the guilt of abortion1 and the influence for evil of this class of offenders will in great measure be done away with4 ,of male abortionists we have less to say4 ,their number is fewer abroad1 bearing the proportion1 as we have seen1 of but one to every four1 and their liability of being applied to1 or consulted1 is slight in comparison4 ,husbands1 though generally knowing to the offence of their wives1 and often counselling it1 probably but seldom attempt its commission themselves2 yet instances of this do undoubtedly occur4 ,in but a sixteenth of the cases reported by ,tardieu1 was any compulsory violence exerted over women by their husbands4 ,druggists and professed abortionists are accountable for the greater number of the cases of the crime attributable to men4 ,the latter class1 though proportionally rare1 yet abound in every city1 and take all means of making themselves known4 ,a knowledge of their alleged specifics1 against the use of which1 8at certain times10 the public are 8earnestly cautioned10 etc4 etc41 is brought home to all our women1 no matter how purely minded1 and despite every care to the contrary1 through the medium of the daily press2 few papers1 however professedly respectable or religious1 proving able to refuse the bribe4 ,druggists1 as a class1 are little more than the confessed agents of these villains4 ,even should they not directly recommend their nostrums1 as1 however1 is frequently the case1 they almost universally keep them on sale1 labelled to catch the eye1 and placarded on their walls4 ,like the publishers and vendors of obscene literature1 they conceive they are not to blame for supplying a public demand1 however much they themselves may have done toward its creation4 ,and in this connection we must again allude to the guilt of the public press1 which has proved itself so constantly and so dangerously an accessory to the crime4 ,it would be thought that in ,massachusetts1 for instance1 a statute like the following might do something to check this license3#acd 8,every person who shall knowingly advertise1 print1 publish1 distribute1 or circulate1 or knowingly cause to be advertised1 printed1 published1 distributed1 or circulated1 any pamphlet1 printed paper1 book1 newspaper1 notice1 advertisement1 or reference1 containing words or language1 giving or conveying any notice1 hint1 or reference to any person1 or to the name of any person1 real or fictitious1 from whom1 or to any place1 house1 shop1 or office where any poison1 drug1 mixture1 preparation1 medicine or noxious thing1 or any instrument or means whatever1 or any advice1 directions1 information1 or knowledge1 may be obtained for the purpose of causing or procuring the miscarriage of any woman pregnant with child1 shall be punished10 etc4 etc4#ace ,the above statute1 however1 such is the public sentiment on this point1 is not enforced1 or is daily evaded4 ,the press1 if it choose1 may almost annihilate the crime2 it now openly encourages it4 ,it has been often alleged1 and oftener supposed1 that physicians in good standing not unfrequently and without lawful justification1 induce criminal abortion4 ,this statement1 whatever exceptional cases may exist1 is wickedly false4 ,the pledge against abortion1 to the observance of which ,hippocrates compelled his followers by oath1#acf has ever been considered binding1 even more strongly of late centuries4 ,the crime is recognized as such in almost every code of medical ethics2 its known commission has always been followed by ignominious expulsion from medical fellowships and fraternity4 ,if this direct penalty be at any time escaped1 it is only through lack of decisive proof1 bare suspicion even of the crime insuring an actual sundering of all existing professional friendships and ties2 a loss that subsequent proof of innocence could hardly restore4 ,such is the unanimous feeling of the profession2 to its credit be it said1 that with but a single exception1#acg and this to his eternal disgrace1 its writers are all agreed1 abstractly considering the subject1 on the sanctity of ftal life4 ,the instances where physicians in good standing are guilty of the crime1 are of rare occurrence2 the error that has prevailed on this point1 originating from the self-assumed titles of notorious quacks and knaves4 ,but no condemnation can be too strong for the physician who has thus forgotten his honor2 who has used to destroy life1 that sacred knowledge by which he was pledged to preserve it4 ,the criminal abuses likely to arise from the procurement of justifiable abortion by medical men1 are so numerous1 their own liability to be thought by the public criminally careless of ftal life1 or skeptical concerning its existence1 is so great1 that the subject is worthy special consideration4 ,this ,i shall now devote to it4 ,,vi4 ,,its ,,innocent ,,abettors4 ,we have referred to an apparent disregard of ftal life1 obtaining in the medical profession1 as a prominent cause of the prevalence of criminal abortion4 ,we now proceed to show that the opinion is not unfounded4 99 99 99 99 99 ,premature labor1 or obstetric abortion1 may be justifiably induced by the physician for one of two reasons2 either to save the life of the mother or that of her child4 ,in each case it must be1 absolutely and only1 to save a life4 99 99 99 99 99 ,performed for the child's sake1 it is evident that the operation can be only available during the last three months of pregnancy1 for then only can the ftus with any degree of probability be considered viable4 ,we grant that there are a few cases on record where1 born during the sixth month and even in the fifth1 the child has survived2 but it is equally certain1 despite the popular notion concerning the mortality of eighth-month children1 that the later the operation can be safely delayed1 the better the chance for the infant's life4 ,the rules for the induction of premature labor must1 of course1 vary for different cases4 ,in this early stage of the inquiry1 it is perhaps impossible to state them precisely1 but they may still be approximately arrived at4 #a4 ,the operation1 performed for the child's sake1 is but seldom required2 and in general1 7#b47 only after the commencement of the seventh month of pregnancy4 #c4 ,it must be clearly indicated2 and 7#d47 must be delayed as long as is consistent with the child's safety4 #e4 ,its means must be those which are most efficient1 and safest for the child4 ,we have already stated that the induction of abortion before the seventh month1 undertaken for the child's sake1 must be generally useless2 and therefore1 as attended with some degree of danger to the mother1 generally unjustifiable4 ,as the profession are nearly united on this point1 its further discussion is here unnecessary4 ,we have asserted that the cases where prematurely induced labor is required for the child1 are comparatively rare4 ,we now add that while in some respects they are more frequent1 in others they are less so than is generally supposed4 ,to necessitate it1 there must be disease or deformity on the part of the mother1 or disease on the part of the ftus or its appendages4 ,it is most frequently performed to avoid the alternative of craniotomy1 the necessity of which1 unless extreme1 can manifestly only be known with certainty1 before the expiration of pregnancy1 from the experience of past labors4 ,but here too much caution cannot be exercised2 the rules of the books and of accepted authorities are not to be blindly followed4 ,craniotomy at the full time is still too frequently performed3 ,where it has been suggested by the character of a previous labor1 children are often1 or might be1 born living2 ,where it seems indicated by direct exploration1 as ruled even by recent writers1 children are sometimes1 or might be1 born living2 ,where it was formerly thought absolutely essential1 the progress of obstetric science has now rendered it often unnecessary4 ,it is proper that we consider these points1 for they bear directly on the question at issue concerning criminal abortion4 ,it is known that the sex of children exercises an appreciable influence upon the result of labors at the full time1 as regards the possibility of their passing alive1 unaided or at all1 through the pelvis1 and as regards the length of the labor1 which also progressively endangers the life of the mother and their own2 the average female ftus1 in cases at all difficult1 having the advantage over the male by its inferiority in size1 especially important in the cranial diameters4 ,it is unnecessary for us to do more than refer to the facts by which these assumptions are proved4#ach ,where1 therefore1 craniotomy has been found necessary in a former labor1 the child then being male1 in another labor a female ftus may often pass uninjured4 ,however this argument may be lessened in value by the impossibility of previously ascertaining the sex1 it is strengthened in the doctrine of chances1 by the number of the labor and the sex of the former children2 and by the fact that first labors are generally most difficult1 whatever the sex of the child4 ,furthermore1 cases will suggest themselves to most practitioners of experience1 in which from difference in the character of the labor or without apparent reason1 children are born living at the full time1 males1 of large size1 and presenting by the vertex1 where craniotomy had previously1 perhaps repeatedly1 been performed4 ,an instance of this has occurred to the writer1 where the patient had been advised to early abortions from alleged physical incapacity of ever bearing living children2 he delivered her1 without difficulty1 of a large-sized and living boy1 at the full time4 ,again1 it may happen that in labor at the full period1 craniotomy may seem decidedly indicated and advisable1 but for one reason or another may not be performed1 and yet the child1 unaided1 be born living4 ,the writer's experience furnishes him with two illustrations of this class3 one of them occurred in #ahea1 the patient his own1 ,drs4 ,s4 sen41 and ,c41 in consultation2 the other was seen at ,edinburgh1 in #ahed1 in the practice of his friend1 ,dr4 ,g4 ,w4 ,in both cases1 permission was refused to operative procedures1 the patients being ,catholic1 and the physicians unable conscientiously to pronounce the ftus already dead1 while the possibility of intra-uterine baptism was not recollected2 in both instances the children were born living1 and without instrumental aid4 ,in other cases1 where from deformity previously diagnosticated1 craniotomy is pronounced necessary if the patient should go her full time1 she may do so1 the labor be unassisted1 and the child yet escape with its life4 ,i instance a remarkable case for some time under my own charge at the ,boston ,lying-in ,hospital1 delivered by one of my colleagues1 ,dr4 ,dupee1 and subsequently reported by ,dr4 ,read4#aci ,the pelvis was here equably contracted1 and to a great degree1 but from some difference of opinion1 partly as regarded the justifiability of premature labor as compared with craniotomy1 the patient was allowed to go her full time4 ,both mother and child did well4 ,finally1 by turning1 the use of the long forceps and of ansthesia1 children are now constantly saved1 where formerly craniotomy and their consequent destruction would have been absolutely indicated4 ,these processes1 with the introduction of each of which as an alternative a single name is imperishably connected1 are now successfully employed by very many of the profession2#adj they have each of them saved to the writer the disagreeable necessity of ftal destruction4 ,where1 however1 one life is thus preserved1 there are still multitudes unnecessarily1 and1 therefore1 unjustifiably1 sacrificed4 ,the comparative frequency of craniotomy in the different countries of ,europe is in this connection worth noticing4 ,the operation is performed1 in ,germany once in every #aidd labors2 ,paris 0 0 #afbh labors2 ,france1 at large 0 0 #abjj labors2 ,vienna 0 0 #fhh labors2 ,england 0 0 #bbj labors2 ,ireland1 formerly 0 0 #abh labors2#ada 0 at present1 ,dublin ,hospital1 #ahed1 0 0 #aje4g labors4#adb ,the remarkable difference between the practice on the continent and in ,england1 so suggestive to us in this country1 is undoubtedly owing to the fact that in ,catholic ,states greater value is attached to the life of the child than 8in ,protestant ,states1 as ,britain1 where the child is always sacrificed to save the mother40#adc ,the immense excess of embryotomy cases in ,catholic ,dublin furnishes no exception to this rule1 drawn as they are from hospital practice under ,protestant control4 ,so far proof by deduction4 ,in many cases involving the question of craniotomy1 that operation is not required2 in some of them1 not even the induction of premature labor4 ,two classes of cases remain1 each affording more direct evidence2 those where craniotomy being absolutely indicated if the patient were allowed to go her full time1 that operation is1 and those where it is not performed4 ,craniotomy1 being necessarily fatal to the ftus1 is indicated only to save the mother's life2 to be avoided when any other alternative giving the ftus a chance of life1 and not more than equally hazardous to the mother1 can be resorted to4 ,especially is this the case when it is compared with the induction of premature labor1 attended as is the latter1 despite a certain amount of danger of its own1 with great probability of saving the child1 and with decidedly lessened risk to the mother2 for craniotomy not merely requires the use of murderous instruments1 dangerous to all tissues they may approach or be in contact with1 but the operation is usually1 though often very improperly1 delayed till late in labor1 and therefore till the mother's chances of recovery have been proportionally lessened4 ,premature labor1 on the other hand1 though of course involving some risk to the child1 is not necessarily fatal to it2 nor is it usually so1 when properly performed4 ,that there is a choice in this respect between the means employed1 will hereafter be shown4 ,craniotomy1 when absolutely indicated at the close of pregnancy1 must be for one of two reasons3 that the ftus cannot pass through the pelvis at the full time alive1 though it may do so unmutilated1 the operation being performed to save the mother the greater risks of protracted labor2 or that it cannot pass at the full time unmutilated1 even when dead4 ,we defer the consideration of another supposable instance1 where the ftus in the outset of its viability may pass1 but not alive1 for this pertains to the consideration of the mother's safety alone1 no alternative availing for the child4 ,in the other cases1 if the necessity could be learned in season1 from the previous history of the patient or by pelvic exploration1 labor should most certainly be prematurely induced1 as affording some positive chance of life to the child1 and as less dangerous to the mother4 ,it were here worse than foolish1 if not criminal1 blindly to imitate nature1 when1 her course being obstructed1 she would kill the child4 ,i have alluded for a double reason to cases1 fortunately few1 where craniotomy1 and much more decidedly premature labor being indicated1 the practitioner decides from the outset to perform neither1 to give his patient or her child no aid4 ,such conduct is as cruel and wicked as it is unprofessional1 and were not instances occasionally reported1 its existence could hardly be believed4 ,we acknowledge with ,blundell the evils of meddlesome midwifery1 but there are extremes to all things2 certainly to the powers of nature and the limits of justifiable delay4 ,i am aware that ,i have referred to a reported case1 which might in this connection be quoted against the opinion now expressed2 but even by its exceptions do we prove the rule4 ,where chances are so greatly against both mother and child as in these cases if left unaided1 it would be the office of the physician1 were there no better procedure1 by craniotomy to save the one2#add but at the present day it is no less plainly his duty1 where possible1 to anticipate labor1 and thus save both4 ,i have elsewhere discussed this question at some length1#ade and can only repeat1 as is indeed allowed by ,churchill1#adf that this is no matter on which to select one's words2 the deliberately sacrificing an unborn1 but still living child1 in cases where statistics go to prove that the adoption of another mode of delivery1 nothing counter-indicating1 would give that child a good chance of successful birth1 is nothing short of wilful murder1 no matter by what schools or by what eminent men it may be sanctioned1 and it should be branded as such by the profession4 ,but1 undertaken for the child's sake1 not merely should premature labor be resorted to for the purpose of preventing craniotomy1 but often in cases of incurable disease1 acute and chronic1 of the mother1 where it is evident that she must inevitably1 or even probably1 perish before the full period of pregnancy has been attained4 ,instances of such acute disease will readily suggest themselves4 ,the question here is merely between the operation under consideration1 the ,csarean section1 and doing nothing4 ,the last1 suppose the ftus viable and to be still living1 would in many instances be decidedly unprofessional and unjustifiable4 ,csarean section after the mother's death is comparatively unsuccessful2 and before it1 is so much more severe and in all probability so much more quickly fatal1 that the other should be preferred1 unless death be already close at hand4 ,instances of chronic incurable disease necessitating the induction of premature labor1 may not so readily occur to the mind4 ,the shock of an abortion being frequently greater to the maternal system than that of labor at the full time1 it is evident that this rule cannot be universally applied4 ,it cannot in every case of thoracic disease1 of the heart1 for example1 unless its own peculiar symptoms become so aggravated from progressing pregnancy as to render probable earlier decease of the mother1 the operation then being performed partly on her account2 not so much to save her life as to delay a little her death4 ,but there are other and extreme cases1 as cancer of the lower segment of the uterus1 or indeed of its fundus1 which may have been diagnosticated previously to pregnancy by the use of expansible tents1 or of my uterine dilator hereafter referred to1 where the mother would probably perish in labor at the full period1 with most probably the loss of the child also4 ,here1 by premature labor1 the child may be saved1 and the mother's life1 greater expansion of the uterus and its more probable laceration being prevented1 possibly prolonged4 ,so far complications on the part of the mother necessitating premature labor for the sake of the child4 ,there are others equally imperative1 afforded by itself4 ,excessive size of the ftus in comparison with a normal pelvis1 as evidenced and rendered probable by previous labors1 is hardly of less importance in connection with craniotomy1 than where the pelvis is distorted or contracted1 and the ftus of natural size2 but the operation in question1 as compared with premature labor1 we have already sufficiently discussed4 ,diseases of the placenta1 congestive1 inflammatory or degenerative1 are no less an indication1 where known to exist1 for an early delivery4 ,their diagnosis may be difficult1 but yet not wholly impossible4 ,the occurrence of the same disease in past labors1 and evident intra-uterine disturbance as discovered by auscultation or by unnaturally frequent and strong ftal movements1 are1 taken together1 frequently sufficient to establish the fact4 ,the impropriety of allowing such cases to proceed unaided1 cannot be too strongly insisted upon4 ,by early delivery1 if the ftus have formerly perished after the period of viability1 and in addition1 by special medication of the parent1 if its death had usually occurred before that time1 many valuable lives might annually be saved4 ,premature labor as resorted to on the mother's behalf alone1 putting aside the cases we have incidentally considered1 where the lives of both herself and her offspring are of necessity taken into account1 includes also its induction in the earlier months of pregnancy before the ftus is viable4 ,it may be required by diagnosticated malformation or monstrosity of the ftus and by malformations on the part of the mother2 by extreme pelvic contraction1 congenital or from rickets or malacosteon1 preventing the natural passage of a ftus after viability1 by tumors incapable of elevation or displacement1 by contraction of the vagina1 or by other severe obstetric complications1 either recent or of long standing4 ,of this last class of causes1 obstinate vomiting1 puerperal convulsions1 which are by no means confined to the full period of pregnancy1 dropsies1 irreducible displacements of the uterus1 varix of the external labial vessels1 sometimes fatal by laceration from tension1 are all instances in point4 ,with regard to each1 the necessity of the abortion must be determined with the greatest caution1 and resort be had to it1 the child still living1 with reluctance2 especially should this be the case if the complication be supposed on the part of the ftus1 so important is it to avoid its sacrifice1 if possible1 and the semblance of disregarding its own important claims4 ,the rules for the operation when performed for the mother are the same as when for the child1 save that if absolutely required1 it may be resorted to at an earlier period4 ,if the child must necessarily be lost1 the labor should not be long delayed4 99 99 99 99 99 ,there are several subordinate questions arising in this connection1 neither metaphysical nor merely casuistic1 but practical1 and because bearing on the increase of criminal abortion1 directly involving human life to an indefinite extent4 ,one of them we shall now mention4 ,let physical incapacity to the birth of a living or viable child through the natural passages be supposed to exist on the part of the mother2 that this has been proved by examination1 or by the result of a former labor1 induced or at the full time4 ,to save the mother's life1 early abortion is once brought on and the child destroyed2 the woman and her husband being of course informed of the true state of the case4 ,is it right or justifiable1 again to destroy the ftus1 and as often as sexual lust may repeat impregnation8 ,or should the patient be left to the risks of a subsequent ,csarean section1 which would at least give the chance of life to her child8 ,i am aware on which side of this question lies at present the opinion and the practice of the mass of the profession2 that ,ngele#adg and others#adh have ruled it right always to destroy the ftus when a refusal to undergo the ,csarean operation shall have been formally expressed by the mother2 and that reports of instances where early abortion has been repeated1 even to nine times upon the same patient1 are still unblushingly published by men of the standing of ,lever and ,oldham4#adi ,but1 on the other hand1 in his late admirable justification of craniotomy where absolutely necessitated1 ,churchill makes use of the following language1 which though offered in another connection1 is none the less pertinent here3 8,it is the due appreciation of these relative responsibilities 7regarding mother and child7 in difficult cases1 that distinguishes the wise and experienced accoucheur2 he preserves a just counterpoise between them so long as it is possible to fulfil both1 and recognizes the proper moment when one ceases4 ,one1 ,i say1 not either2 for ,i protest against the notion that we choose which of the two lives we shall save1 a notion as false in theory as it is in practice4 ,no man dare make such a choice1 for we have neither the necessary knowledge1 nor the right1 nor the authority1 to decide which is the more important life and best worth preserving40#aej 8,my own opinion is that such a course 7the repetition of abortion7 ought not to be adopted1 but that pregnancy should be allowed to proceed1 without interruption1 to the full period2 and when labor declares itself1 that the infant should invariably be extracted by the ,csarean section10#aea which1 when performed in season1 is by no means necessarily fatal to the mother1 and may preserve life to the child4 ,the question now so plainly put1 is one for the profession soberly to discuss and to answer4 99 99 99 99 99 ,we have already shown that in many cases where instrumental delivery or the induction of premature labor is apparently requisite1 the mother1 if a ,catholic1 is sacrificed to the supposed impossibility of administering the right of baptism to the child4 ,we do not1 with some1 allow that the physician is here justified in deliberately and falsely asserting the child's death1 where such has not taken place1 but we have revived the suggestion of a method by which this great and fundamental obstacle may be overcome4 ,we assert that the negligence too often shown by physicians in these cases1 the custom of practically leaving the mother and her child to their fate when instrumental delivery shall have been refused upon religious grounds sincerely entertained1#aeb is1 however wide it may appear from the point1 directly incentive to the increase of criminal abortion4 ,provided the question of necessity is determined1 but one course in these cases should be pursued1 and that the performance of intra-uterine baptism4 99 99 99 99 99 ,the objections usually made to the induction of premature labor1 namely1 the uncertainty of all pelvic measurements and of the exact period of gestation1 the greater liability to malpresentation1 and1 from the uninvoluted state of the cervix1 to the evils of a lingering labor1 lose much of their force when tested by our preceding remarks4 ,if resorted to1 the means of its induction are various1 and1 as regards their justifiability1 they present a decided choice4 ,we here omit the consideration of the methods indirect or of doubtful efficacy1 as draughts1 general or local baths or bleedings1 forced exercise1 fatigue1 and voluntary falls or blows1 so frequently resorted to by the uneducated1 or used1 in addition to other procedures1 by the designing to mask the reality2 these will be subsequently considered1 and we confine ourselves1 in comparing the other and more direct methods1 only to ascertaining that which is safest and most efficacious1 for these points alone can decide their respective justifiability4 ,the direct and reliable means of inducing abortion1 in the physician's possession1 are only instrumental4 ,draughts of all kinds1 whether purgative1 emmenagogue1 or so-called specific1--aloes1 ergot1 or savin1--or energetic poisons1 expelling the ftus through a sudden and profound disturbance of the whole maternal system1 as arsenic or cantharides1 are too unreliable1 unscientific1 or dangerous either to mother or child4 ,the justifiable methods are confined to those acting directly on the uterus and its contents1 by dilating the os or detaching the membranes4 ,they are1 rejecting the local application of belladonna as utterly inert3 #a4 ,local or distant and sympathetic irritation ,by the hand2 medicinal applications2 electricity or galvanism4 #b4 ,puncture of the membranes1 and evacuation of their fluid contents4 #c4 ,dilatation of the os1 and separation of the membranes from the uterine walls ,by sponge tents2 the introduction of instruments2 or the injection of fluids4 ,the first of these modes1 in all of its applications1 is extremely uncertain in effect4 ,the second1 though that usually attempted1 is of real avail only toward the close of pregnancy1 and is even then decidedly inferior to the last of the methods proposed2 at an earlier period it is probably unjustifiable4 ,in thirteen cases reported by ,lever and ,oldham1#aec where labor was prematurely induced by puncturing the membranes1 only four of the children were born living1 and in all these the presentation was by the vertex4 ,it has been shown that malpositions are much more frequent in earlier than later pregnancy1 and from evident causes1 the comparative absence and weakness of the ftal movements which govern its position in utero1 and the want of correspondence in form between itself and the containing organ4 ,of the nine cases reported where the ftus was dead1 five presented by the vertex1 and were therefore probably alive at the commencement of labor1 as after death previous to labor1 malposition very generally occurs1 except there be deficiency of the liquor amnii or the pregnancy have advanced to near its close4 ,again1 it appears from the same statistics1 which as offered for another purpose are the more to be depended upon1 that in the successful cases1 where the child was born living1 the length of time after the operation and before the occurrence of pains1 almost doubled that in the unsuccessful cases1 where the child was lost2 the sum of the hours in the four successful cases exceeding the sum in the nine unsuccessful ones4 ,that is to say1 in the one class of cases time was allowed for a certain amount of dilatation of the os and cervix and for some degree of detachment of the membranes1 an approach1 however slight1 to the characters of normal labor2 and in the other cases the labor was brought on at once1 without either of the above processes having commenced1 and when both uterus and its contents were totally unprepared4 ,had the times1 moreover1 from the commencement of labor to its close1 been given in the two classes of cases1 it would probably have been found that the relative proportions were reversed2 that the sum of the hours in the unsuccessful cases exceeded that in the successful cases1 as would be in strict accordance with the results to the ftus4 ,in premature labor1 as in that at the full period1 the bag of waters is required to be preserved until it has fulfilled its purpose1 on the one hand1 of a fluid wedge1 and on the other1 of protection to the child from violence till it has fairly entered the pelvic brim4 ,puncture is also attended with the danger of directly wounding the uterine tissues4 ,the last of the methods referred to1 dilatation and detachment1 combined to a certain extent as they must necessarily be1 is in close imitation of the processes observed in natural labor1 and is recommended alike by its safety to mother and child1 its certainty1 and the ease both to physician and patient with which it may be effected4#aed 99 99 99 99 99 ,from the above remarks it is evident that the profession need to exercise great caution lest they directly1 though unintentionally1 become the abettors of criminal abortion4 ,but this liability is not confined to the instances already mentioned1 where abortion has been intentionally induced4 ,nor is the matter in question one affecting merely the public health and morals1 like prostitution or syphilization4 ,it is a liability directly to increase the unjustifiable destruction of human life1 and its existence cannot be too strongly impressed upon our minds and guarded against4 ,so true is this1 that two of the ,french obstetricians1 ,moreau and ,bgin1 have not hesitated to express their fears1 and not on religious grounds alone2 the latter1 with ,tardieu1 giving it as his conviction1 that every physician should make a legal declaration of the act to the public prosecutor1 immediately on inducing premature labor1 even if the period of viability has been reached by the ftus4 ,the subject has also been discussed by the ,french ,academy of ,medicine2#aee and in ,great ,britain it has been referred to by ,radford1 in whose opinion an enactment is necessary1 8entirely prohibiting obstetric abortion 7before the period of viability71 as the door for evil purposes is already too open1 and would be still more so1 if it was legally decided that where performed on supposed obstetric grounds1 no inquiry should be made40#aef ,whenever an abortion is induced by a physician1 even if accidentally1 it is liable to be thought intentional by the patient and her friends1 and consequently by the community1 so far as it becomes aware of the fact4 ,instances of this are within the writer's knowledge4 ,accidental abortions1 caused by a physician1 may be from two causes3 error or insufficient care in diagnosis1 or the absence of all likelihood of the existence of pregnancy4 ,when cases are reported in apparent innocence of fault1 and by eminent practitioners1 of the pregnant uterus having been tapped for ovarian dropsy2 of craniotomy having been attempted upon an infant's fundament instead of its skull1 and of the same operation in another instance undertaken upon the promontory of the mother's sacrum1 it cannot be alleged1 ,i care not by whom1 that this caution is unnecessary or these fears unfounded4 ,the writer will state a few cases that have happened under his own observation4 ,he has twice known abortion to be accidentally occasioned by the use of sponge tents2#aeg the patients being near the close of their menstrual lives1 and neither themselves nor the physicians in attendance supposing that the contents of the enlarged uterus could be ftal2 in one of these cases the woman had never before been pregnant1 and in the other not for many years4 ,he has twice known the introduction of an intra-uterine pessary to be followed by abortion2 in neither case was there any probability of the existence of pregnancy1 save in the fact that the patients were married4 ,he has known abortion to be produced by the application of lunar caustic to the os1 in a case where1 from the character of the operator1 no suspicion could be entertained of the uterus having been more deeply tampered with4 ,in cases like these1 the practitioner would seem to render himself liable to the charge of malpractice1 even though by the improbability of malicious intent he escaped that of criminal abortion4 ,in all instances where there exists the slightest suspicion or possibility even of pregnancy1 the only rule for operative interference must be1 unless circumstances imperatively prevent1 to wait the few months or weeks necessary to establish the diagnosis4 ,justice to the profession and to the risk of error demand that where such precaution is not had1 it should be replaced by a consultation1 which would at once dispel any suspicion of carelessness or malpractice1 and prevent a criminal charge4 ,all that we have said regarding surgical obstetrics1 applies as forcibly to its medicinal procedures4 ,though draughts and potions of every kind are1 as we have remarked1 of doubtful or indirect efficacy for inducing abortion1 yet with some of them instances of its occurrence do at times result4 ,in supposed obstructive amenorrha1 unless of several months standing1 and in early pregnancy where established1 the physician who does not intend it1 must take care lest accidentally or carelessly1 by purging1 vomiting or over-bleeding1 he produce a miscarriage4 99 99 99 99 99 ,but there is still another point in this connection we must not pass over4 ,we state it in the following inquiries1 received from one of the most eminent practitioners of the ,eastern ,states1 and put to us in all sincerity4 8,are there not cases where a physician would be justified in suggesting a course such as he would use in amenorrha1 even where he might suspect1 but not know1 the existence of pregnancy8 ,suppose a mother of several children1 which she has had in rapid succession1 and the physician feels assured that health1 and possibly life1 will be endangered if another pregnancy occurs2 would he be criminal if he were to use common means for amenorrha if the menses have been absent six weeks8 ,are the cases always so plain that a man can decide1 and may he not balance a choice of evils80 ,covering as these questions do1 much of the ground already gone over1 we may answer them at once1 and decidedly in the negative4 ,they apply more especially to the early months of pregnancy1 where it is always impossible to know its existence2 and were direct or probable emmenagogues1 or instrumental interference1 to be here allowed1 criminal abortion might be always induced before quickening1 sanctioned and permitted by the rules of medicine4 ,to justify abortion1 life must certainly or very probably be endangered1 not possibly merely1 which is true in every pregnancy1 and might be alleged at every trial for the crime4 ,hufeland advised1 as a 8golden rule10 always to suppose the existence of impregnation in such cases1 and to act accordingly2 that is1 to temporize long enough for the ftus1 if present1 to make its sign4 8,thereby10 he says1 8the physician will avoid much mischief1 and preserve his conscience as well as his reputation40#aeh ,the ideas on this subject held by my friend1 are without doubt widely entertained by the profession4 ,this paper will have served a good purpose and have saved many ftal lives1 if it do no more than carry conviction of the error and its likelihood to indefinitely extend the crime4 99 99 99 99 99 ,again1 it is undoubtedly the case that in all cases of maternal death during pregnancy1 where the ftus has arrived at the period of viability1 its immediate extraction by the ,csarean section should be effected4 ,we have already referred to this subject1 and ,kergaradec1 who has well written upon it1 lays down the maxim that the operation should always be performed1 even in the fifth month of pregnancy4#aei ,in some cases1 of placenta prvia1 for instance1 where the chances are always more or less against the child's life1 success is less probable2 but this in no wise invalidates the necessity of the operation4 ,the writer has himself performed it in the complication instanced1 and in vain2 but he would none the more hesitate1 on this account1 to repeat it4 ,there can be no reason against the procedure in any case1 and by it the child may possibly be saved4 ,in the words of an older writer1 8,est enim inhumanum1 post obitum matris1 ftui pereunti et suffocari parato manus auxiliares denegare1 et sp viventem adhuc cum matre mortu eodem tumulo contegere et obruere4 ,idcirco jurisconsulti eum necis reum damnant1 qui gravidam sepelierit non prius extracto ftu40#afj ,a question has been raised concerning the rights of relatives in preventing the physician from such discharge of his duty4 ,it has been asserted that 8the father has not only the natural right of his relationship1 but legal power2 for ,dr4 ,lever recently mentioned that he had consulted ,dr4 ,alfred ,taylor to know whether he would be justified in performing ,csarean section after the death of the mother1 without the consent of the father1 as it appeared unjustifiable homicide to allow the infant to die4 ,dr4 ,taylor gave his opinion that1 in law1 the infant belonged to the father1--the infant with the life thereof1--and that if ,dr4 ,lever touched it1 even to rescue it from death1 an action would lie against him40#afa ,i must1 however1 declare such doctrine to be false and pernicious4 ,if signs of the child's life remain1 no physician should hesitate endeavoring to preserve it1 unless restrained by actual force4 ,i reiterate my conviction that such neglect1 or seeming neglect1 of ftal life is an actual wrong1 both against the individual and against society4 ,similar points in which physicians are directly interested1 as tending by their apparent disregard of ftal life to render themselves innocent abettors of criminal abortion1 are not uncommon4 ,such are neglect of efforts to prevent miscarriage when threatening1 or where it has become an established habit2 and of attempts at resuscitating still-born children where there is the slightest chance of success1 and success has now been rendered much more probable by the methods of ,marshall ,hall and ,silvester2 the performance of operations of any kind upon a pregnant woman1 even tooth-drawing1#afb that might be delayed2 the careless or unnecessary use of ergot2 the relying upon a single and unaided opinion1 where not one life only1 but two1 may be endangered4 ,other instances might be adduced2 but enough has already been said to prove that the importance of the subject we are considering1 and the responsibilities resting upon the profession regarding it1 demand as ,i have elsewhere suggested1#afc that physicians should possess1 should acknowledge1 and should govern themselves by1 an ,obstetric ,code--the necessity of which will be made even more manifest1 as we proceed in our investigation of questions pertaining to ,obstetric ,jurisprudence4 ,we have referred to some of its leading principles1 but have done no more than faintly foreshadow them4 ,distressing in the retrospect1 inconvenient frequently in the present1#afd such a ,code would undoubtedly prove2 but it is demanded of the profession by the progress of our science1 by humanity1 morality and religion4 ,were the facts in the case more generally known1 and the existence and sanctity of ftal life more universally appreciated1 it would be also demanded by public opinion4 ,we have now seen that 8the absurd enactments still remaining on the statute book1 the careless indifference with which society views the crime1 the reluctance with which means are adopted to prevent its occurrence1 its increase1 and its frequent induction by obstetricians1 are all evils which loudly and imperatively call for the closest investigation40#afe ,we proceed to the other relations of criminal abortion1 more especially to those immediately pertaining to the claims and course of justice4 ,,vii4 ,,its ,,obstacles ,,to ,,conviction4 ,we have already seen that there are special1 though1 it is to be hoped1 not wholly insurmountable causes for the existing prevalence of abortion4 ,it now becomes our duty to consider some of these reasons in detail1 in so far as they relate to and obstruct the course of justice4 ,it would seem1 from what has been previously said1 that little doubt could be entertained of the inefficacy of our present statutes against abortion4 ,there are few of the ,states whose laws on this point are so wisely and completely drawn as in ,massachusetts2 yet1 as they there stand1 they cannot1 as such1 be enforced4 ,in that ,commonwealth1 according to the reports of the attorney-general1 during the eight years from #ahdi to #aheg1 omitting #ahec--;as there seems to have been no report rendered for that year--there were1 as we have seen1 #cb trials for abortion1 and not a single conviction6 ,a committee of the ,state ,medical ,society of ,massachusetts1 to whom the propriety of a professional appeal to the ,legislature for more protective statutes had been referred by the ,district ,society of ,boston1 having reported against such action1 on the ground 8that the laws of the ,commonwealth are already sufficiently stringent1 provided that they are executed10#aff it becomes the more necessary for us to strike at the root of the whole matter1 and to show1 if possible1 why conviction1 unless in case of the death of the mother1 cannot at present be obtained4 ,it has been thought1 even publicly argued1 that in the fact that statutes against abortion are almost everywhere not only not enforced1 but not attempted to be enforced1 there is afforded strong evidence of the existence of an ultimate and absolute impossibility of thus meeting the crime4 ,the idea1 though a fallacious one1 is yet attributable to an important and evident cause4 ,that the prevalence of abortion is in great measure owing to ignorance of guilt1 on the part of the community at large1 we have shown4 ,we now assert that its futile prohibition by the law1 its toleration1 are plainly in consequence of similar ignorance on the part of legislators1 and of officers of justice4 ,our communities form their own laws1 and1 therefore1 as was pointed out at the commencement of our remarks1 these must necessarily bear the stamp of public opinion2 while the officers by whom they are to be enforced--juror1 attorney1 judge--looking to the only source possible for their enlightenment on this subject1 to medical men1 have hitherto found but few bold and honest statements1#afg and these unindorsed by the mass of the profession2 or1 in the total silence1 a practical sanction of the popular belief4 ,this is no exaggeration2 the assertion is fully borne out by facts4 ,need we wonder1 then1 that the laws are not enforced1 that indeed their enforcement is not attempted8 ,but this first and great cause1 it is apparent1 is by no means an essential one4 ,we need add nothing to what we have already said1 of those obstacles to conviction1 arising from circumstances common in greater or less degree to other crimes2--the difficulties of detection and of obtaining proof1 however great these are allowed to be1--but we proceed at once to consider the laws themselves by which in this country the crime of abortion is attempted1 or is expected to be suppressed4#afh ,the arguments by which we have shown the mistaken premise on which the common law of ,england1 as covering this crime1 is founded1 and by adoption1 the common law of this country1 will not have been forgotten4 ,we shall perceive that similar reasoning applies with equal force to the special statutes1 where such exist1 of almost every ,state in the ,union4 99 99 99 99 99 ,in the following ,states1 ,rhode ,island1 ,new ,jersey1 ,pennsylvania1 ,delaware1 ,maryland1 ,north ,carolina1 ,south ,carolina1 ,georgia1 ,florida1 ,kentucky1 ,tennessee1 ,iowa1 and the ,district of ,columbia1 there appear to exist no statutes against abortion1 and the crime can only be reached at common law and by the rulings of the courts4 ,in the case of the ,district of ,columbia1 all rulings are based on the common law1 the old ,english statutes1 from ,elizabeth to ,george ,,ii41 and the old colonial statutes of the ,province of ,maryland1 down to #ahjj1 the period of cession to the ,united ,states of that portion of ,maryland lying on the north side of the ,potomac1 now included in the federal district4 ,the later ,english statutes1 even those of ,george ,,iv41 being enacted subsequent to the separation from the mother country1 are not recognized in the ,district4 ,in the ,state courts1 so far as the rules and principles of the common law are applicable to the administration of criminal law1 and have not been altered or modified by acts of the colonial or provincial government1 or by the ,state ,legislature1 they have the same force and effect as laws formally enacted4#afi ,in the ,states referred to1 therefore1 as having no special statutes of their own1 the later ,english statutes1 though not of absolute force1 are to a certain extent undoubtedly acknowledged4 99 99 99 99 99 ,by the common law of ,england1 as stated by ,blackstone3-- 8,if a woman is quick with child1 and by a potion or otherwise1 killeth it in her womb1 or if any one beat her1 whereby the child dieth in her body1 and she is delivered of a dead child1 this1 though not murder1 was by the ancient law homicide1 or manslaughter4 ,but the modern law doth not look upon this offence in quite so atrocious a light1 but merely as a heinous misdemeanor40#agj 8,but if the child be born alive1 and afterwards die in consequence of the potion or beating1 it will be murder40#aga ,by this law it is necessary to furnish proof not merely of pregnancy1 but of quickening2 no one besides the mother can be reached1 save in the rare instance of beating2 it is often impossible to prove that a child1 born living1 has died in consequence of means used upon itself or its mother before the birth4 99 99 99 99 99 ,the ,ellenborough act1#agb passed in #ahjc1 runs thus3-- 8,if any person shall willfully and maliciously administer to1 or cause to be administered to1 or take any medicine1 drug1 or other substance or thing whatsoever1 or use1 or cause to be used or employed1 any instrument1 etc41 with intent to procure the miscarriage of any woman1 not being1 or not being proved to be1 quick with child at the time of committing such thing1 or using such means1 then1 and in every such case1 the persons so offending1 their counselors1 aiders and abettors1 shall be and are declared guilty of felony1 and shall be liable10 etc4 etc42 if before quickening1 to fine1 the pillory1 stripes1 or transportation2 if after quickening1 to death2--but in the clause providing for the latter case1 mention of instruments was omitted4 99 99 99 99 99 ,punishment was thus extended to the crime prior to quickening2 and besides the actual perpetrator1 to those counseling and assisting therein4 ,for its commission after quickening1 capital punishment was restored2 but by a strange oversight1 no penalty was provided for the cases occurring at this period1 where the abortion was induced by instrumental or other mechanical violence4 ,to remedy this defect another act1 that of ,lord ,lansdowne1#agc was substituted in #ahbh3-- 8,if any person1 with intent to procure the miscarriage of any woman then being quick with child1 unlawfully and maliciously shall administer to her1 or cause to be taken by her1 any poison or other noxious thing1 or shall use any instrument1 or other means whatever1 with the like intent2 every such offender1 and every person counseling1 aiding or abetting such offender1 shall be guilty of felony1 and being convicted thereof1 shall suffer death as a felon20 if the woman were 8not1 or not proved to be1 then quick with child10 the offence was still felony1 and punished by transportation1 or imprisonment and stripes4 ,by this enactment1 the mistaken belief in a difference of guilt1 according to the period of ftal life1 was still retained4 ,for which reason1 and in the false hope that by again abolishing capital punishment1 juries would more frequently decide in accordance with fact1 the ,english law has later1 and during the present reign1 still further been modified and rendered more just1 simple1 and comprehensive4#agd 99 99 99 99 99 8,whosoever1 with the intent to procure the miscarriage of any woman1 shall unlawfully administer to her1 or cause to be taken by her1 any poison or other noxious thing1 or shall unlawfully use any instrument1 or other means whatsoever1 with the like intent1 shall be guilty of felony1 and being convicted thereof1 shall be liable10 etc4 etc41 to transportation or imprisonment4 99 99 99 99 99 ,by the present ,english statute1 the woman herself can hardly yet be reached2 many convictions must still be lost from failure to prove the agent either a poison or noxious thing2 in other respects1 however1 it is well drawn4 ,attempts at the crime are covered1 and proof is not required of pregnancy1 or of actual injury to the mother4 99 99 99 99 99 ,so far the instances in this country of an absence of special statutes4 ,where such exist1 they may be variously classified4 ,reserving for a little all other considerations1 we find them at once falling into four great divisions4 ,i4 ,those acknowledging the crime only after quickening has occurred3-- ,connecticut1 ,mississippi1 ,arkansas1 ,minnesota1 ,oregon4 ,,ii4 ,those acknowledging the crime throughout pregnancy1 but supposing its guilt to vary with the period to which this has advanced3-- ,maine1 ,new ,hampshire1 ,new ,york1 ,ohio1 ,michigan4#age ,,iii4 ,those acknowledging the crime throughout pregnancy1 unmitigated2 but still requiring proof of the existence of this state3-- ,vermont1 ,massachusetts1 ,illinois1 ,wisconsin1 ,virginia1 ,missouri1 ,alabama1 ,louisiana1 ,texas1 ,california4#agf ,,iv4 ,that1 like the present ,english statute1 requiring no such proof1 and punishing also the attempt1 even though pregnancy do not exist3-- ,indiana4 ,briefly to recapitulate these groups3-- ,maine1 ,class ,,ii4 ,new ,hampshire1 0 ,,ii4 ,vermont1 0 ,,iii4 ,massachusetts1 0 ,,iii4 ,rhode ,island1 no statute4 ,connecticut1 ,class ,i4 ,new ,york1 0 ,,ii4 ,new ,jersey1 none4 ,pennsylvania1 none4 ,delaware1 none4 ,maryland1 none4 ,district of ,columbia1 none4 ,virginia1 ,class ,,iii4 ,north ,carolina1 none4 ,south ,carolina1 none4 ,georgia1 none4 ,florida1 none4 ,alabama1 ,class ,,iii4 ,mississippi1 0 ,i4 ,louisiana1 0 ,,iii4 ,texas1 0 ,,iii4 ,ohio1 ,class ,,ii4 ,indiana1 0 ,,iv4 ,illinois1 0 ,,iii4 ,michigan1 0 ,,ii4 ,kentucky1 none4 ,tennessee1 none4 ,missouri1 ,class ,,iii4 ,arkansas1 0 ,i4 ,wisconsin1 ,class ,,iii4 ,iowa1 none4 ,minnesota1 ,class ,i4 ,california1 0 ,,iii4 ,oregon1 0 ,i4 ,we now proceed to the consideration of these statutes in detail1 and for this purpose1 present them at length4 99 99 99 99 99 ,i4 ,states acknowledging the crime only after quickening3-- ,,connecticut4--8,every person who shall willfully and maliciously administer to1 or cause to be administered to1 or taken by1 any woman then being quick with child1 any medicine1 drug1 noxious substance1 or other thing1 with intent thereby to produce the miscarriage of such woman1 or to destroy the child of which she is pregnant1 or shall willfully and maliciously use and employ any instrument or other means to produce such miscarriage1 or to destroy such child1 shall suffer imprisonment in the ,connecticut ,state prison for a term not less than seven1 nor more than ten years40#agg ,,mississippi4--8,the willful killing of an unborn quick child1 by any injury to the mother of such child1 which would be murder if it resulted in the death of the mother1 shall be deemed manslaughter4 8,every person who shall administer to any woman pregnant with a quick child1 any medicine1 drug1 or substance whatever1 or shall use or employ any instrument or other means1 with intent thereby to destroy such child1 unless the same shall have been necessary to preserve the life of such mother1 or shall have been advised by a physician to be necessary for such purpose1 shall be deemed guilty of manslaughter40#agh ,punishment1 by fine not less than one thousand dollars1 or imprisonment in the county jail for not more than one year1 or in the penitentiary for not less than two years4 ,,arkansas4--8,the willful killing of an unborn quick child1 by any injury to the mother of such child1 which would be murder if it resulted in the death of such mother1 shall be adjudged manslaughter4 8,every person who shall administer to any woman pregnant with a quick child1 any medicine1 drug1 or substance whatever1 or shall employ any instrument or other means1 with intent thereby to destroy such child1 and thereby shall cause its death1 unless the same shall be necessary to preserve the life of the mother1 or shall have been advised by a regular physician to be necessary for such purpose1 shall be deemed guilty of manslaughter40#agi ,,minnesota4--8,the willful killing of an unborn infant child1 by any injury to the mother of such child1 which would be murder if it resulted in the death of such mother1 shall be deemed manslaughter in the first degree4 8,every person who shall administer to any woman pregnant with a quick child1 any medicine1 drug1 or substance whatever1 or shall use or employ any instrument or other means1 with intent thereby to destroy such child1 unless the same shall have been necessary to preserve the life of such mother1 or shall have been advised by two physicians to be necessary for such purpose1 shall1 in case the death of such child or of such mother be thereby produced1 be deemed guilty of manslaughter in the second degree40#ahj ,punishment for first degree1 imprisonment in the territorial prison for not less than seven years2 and for second degree1 not more than seven years nor less than four4 ,,oregon4--8,any person who shall administer to any woman pregnant with a quick child1 or prescribe for any such woman1 or advise or procure any such woman to take any medicine1 drug1 or substance whatever1 or shall use or employ any instrument or other means1 with intent thereby to destroy such child1 unless the same shall have been necessary to preserve the life of such mother1 shall1 in case the death of such child1 or of such mother1 be thereby produced1 be deemed guilty of manslaughter40#aha ,punishment1 imprisonment in the penitentiary for not less than one or more than ten years1 and by fine not exceeding five thousand dollars4 99 99 99 99 99 ,,ii4 ,those acknowledging the crime throughout pregnancy1 but as of different degrees of guilt3-- ,,maine4--8,whoever administers to any woman pregnant with child1 whether such child is quick or not1 any medicine1 drug1 or other substance1 or uses any instrument or other means1 unless the same were done as necessary for the preservation of the mother's life1 shall be punished1 if done with intent to destroy such child1 and thereby it was destroyed before birth1 by imprisonment not more than five years1 or by fine not exceeding one thousand dollars2 if done with intent to procure the miscarriage of such woman1 by imprisonment less 7sic7 than one year1 and by fine not exceeding one thousand dollars40#ahb ,,new ,,hampshire4--8,every person who shall willfully administer to any pregnant woman1 any medicine1 drug1 substance1 or thing whatever1 or shall use or employ any instrument or means whatever1 with intent thereby to procure the miscarriage of any such woman1 unless the same shall have been necessary to preserve the life of such woman1 or shall have been advised by two physicians to be necessary for that purpose1 shall1 upon conviction1 be punished by imprisonment in the county jail not more than one year1 or by a fine not exceeding one thousand dollars1 or by both such fine and imprisonment1 at the discretion of the court4 8,every person who shall administer to any woman pregnant with a quick child1 any medicine1 drug1 or substance whatever1 or shall use or employ any instrument or means whatever1 with intent thereby to destroy such child1 unless the same shall have been necessary to preserve the life of such woman1 or shall have been advised by two physicians to be necessary for such purpose1 shall1 upon conviction1 be punished by fine not exceeding one thousand dollars1 and by confinement to hard labor not less than one year nor more than ten years4 8,any person who shall cause the death of any pregnant woman1 in the perpetration or attempt to perpetrate either of the crimes mentioned in the two preceding sections1 or in consequence of the perpetration or the attempt to perpetrate either of said crimes1 shall be taken and deemed to be guilty of murder in the second degree1 and be punished accordingly4 8,any woman who shall voluntarily submit to the violation of the provisions of this act 7this and the three preceding sections#ahc7 upon herself1 shall be punished by imprisonment in the county jail not exceeding one year1 or by fine not exceeding one thousand dollars1 or by both said fine and imprisonment1 at the discretion of the court40#ahd ,,new ,,york4--8,the willful killing of an unborn quick child1 by an injury to the mother of such child1 which would be murder if it resulted in the death of such mother1 shall be deemed manslaughter in the first degree4 8,every person who shall administer to any woman pregnant with a quick child1 or prescribe for any such woman1 or advise or procure any such woman to take any medicine1 drug1 or substance whatever1 or shall use or employ any instrument or other means1 with intent thereby to destroy such child1 unless the same shall have been necessary to preserve the life of such mother1 shall1 in case the death of such child1 or of such mother be thereby produced1 be deemed guilty of manslaughter in the second degree4 8,every person who shall administer to any pregnant woman1 or prescribe for any such woman1 or advise or procure any such woman to take any medicine1 drug1 substance1 or thing whatever1 or shall use or employ any instrument1 or other means whatever1 with intent thereby to procure the miscarriage of any such woman1 shall1 upon conviction1 be punished by imprisonment in a county jail not less than three months nor more than one year4 8,every woman who shall solicit of any person any medicine1 drug1 or substance1 or thing whatever1 and shall take the same1 or shall submit to any operation1 or other means whatever1 with intent thereby to procure a miscarriage1 shall be deemed guilty of a misdemeanor1 and shall1 upon conviction1 be punished by imprisonment in the county jail not less than three months nor more than one year1 or by a fine not exceeding one thousand dollars1 or by both such fine and imprisonment40#ahe ,,ohio4--8,any physician1 or other person1 who shall willfully administer to any pregnant woman1 any medicine1 drug1 substance1 or thing whatever1 or shall use any instrument1 or other means whatever1 with intent thereby to procure the miscarriage of any such woman1 unless the same shall have been necessary to preserve the life of such woman1 or shall have been advised by two physicians to be necessary for that purpose1 shall1 upon conviction1 be punished by imprisonment in the county jail not more than one year1 or by fine not exceeding five hundred dollars1 or by both such fine and imprisonment4 8,any physician1 or other person1 who shall administer to any woman1 pregnant with a quick child1 any medicine1 drug1 or substance whatever1 or shall use or employ any instrument1 or other means1 with intent thereby to destroy such child1 unless the same shall have been necessary to preserve the life of such mother1 or shall have been advised by two physicians to be necessary for such purpose1 shall1 in case of the death of such child or mother1 in consequence thereof1 be deemed guilty of a high misdemeanor1 and upon conviction thereof1 shall be imprisoned in the penitentiary not more than seven years1 nor less than one year40#ahf ,,michigan4--8,the willful killing of an unborn quick child1 by any injury to the mother of such child1 which would be murder if it resulted in the death of such mother1 shall be deemed manslaughter4 8,every person who shall administer to any woman pregnant with a quick child1 any medicine1 drug1 or substance whatever1 or shall use or employ any instrument1 or other means1 with intent thereby to destroy such child1 unless the same shall have been necessary to preserve the life of such mother1 or shall have been advised by two physicians to be necessary for such purpose1 shall1 in case the death of such child or of such mother be thereby produced1 be deemed guilty of manslaughter4 8,every person who shall willfully administer to any pregnant woman1 any medicine1 drug1 substance1 or thing whatever1 or shall employ any instrument1 or other means whatever1 with intent thereby to procure the miscarriage of any such woman1 unless the same shall have been necessary to preserve the life of such woman1 or shall have been advised by two physicians to be necessary for that purpose1 shall1 upon conviction1 be punished by imprisonment in a county jail not more than one year1 or by a fine not exceeding five hundred dollars1 or by both such fine and imprisonment40#ahg 99 99 99 99 99 ,,iii4 ,those not allowing this mitigation1 but still requiring proof of pregnancy3-- ,,vermont4--8,whoever maliciously1 or without lawful justification1 with intent to cause and procure the miscarriage of a woman1 then pregnant with child1 shall administer to her1 prescribe for her1 or advise or direct her to take or swallow any poison1 drug1 medicine1 or noxious thing1 or shall cause1 or procure her1 with like intent1 to take or swallow any poison1 drug1 medicine1 or noxious thing2 and whoever maliciously and without lawful justification1 shall use any instrument1 or means whatever1 with the like intent1 and every person1 with the like intent1 knowingly aiding and assisting such offenders1 shall be deemed guilty of felony1 if the woman die in consequence thereof1 and shall be imprisoned in the ,state prison not more than ten years1 nor less than five years2 and if the woman does not die in consequence thereof1 such offenders shall be deemed guilty of a misdemeanor1 and shall be punished by imprisonment in the ,state prison not exceeding three years1 nor less than one year1 and pay a fine not exceeding two hundred dollars40#ahh ,,massachusetts4--8,whoever maliciously or without lawful justification1 with intent to cause and procure the miscarriage of a woman then pregnant with child1 shall administer to her1 prescribe for her1 or advise or direct her to take or swallow any poison1 drug1 medicine1 or noxious thing1 or shall cause or procure her1 with like intent1 to take or swallow any poison1 drug1 medicine1 or noxious thing2 and whoever maliciously and without lawful justification shall use any instrument1 or means whatever1 with the like intent1 and every person with the like intent knowingly aiding and assisting such offender or offenders1 shall be deemed guilty of felony1 if the woman die in consequence thereof1 and shall be imprisoned not more than twenty years1 nor less than five years1 in the ,state prison2 and if the woman doth not die in consequence thereof1 such offender shall be guilty of a misdemeanor1 and shall be punished by imprisonment not exceeding seven years1 nor less than one year1 in the ,state prison1 or house of correction1 or common jail1 and by fine not exceeding two thousand dollars40#ahi ,,illinois4--8,every person who shall administer1 or cause to be administered or taken1 any noxious or destructive poison1 substance1 or liquid1 with the intention to procure the miscarriage of any woman then being with child1 and shall thereof be duly convicted1 shall be imprisoned for a term not exceeding three years in the penitentiary1 and fined in a sum not exceeding one thousand dollars40#aij ,,wisconsin4--8,every person who shall administer to any pregnant woman1 or prescribe for any such woman1 or advise or procure any such woman to take any medicine1 drug1 or substance1 or thing whatever1 or shall use or employ any instrument1 or other means whatever1 or advise or procure the same to be used1 with intent thereby to procure the miscarriage of any such woman1 shall1 upon conviction1 be punished by imprisonment in a county jail1 not more than one year nor less than three months1 or by fine not exceeding five hundred dollars1 or by both fine and imprisonment1 at the discretion of the court4 8,every woman who shall take any medicine1 drug1 substance1 or thing whatever1 or who shall use or employ any instrument1 or shall submit to any operation1 or other means whatever1 with intent to procure a miscarriage1 shall1 upon conviction1 be punished by imprisonment in a county jail not more than six months1 nor less than one month1 or by a fine not exceeding three hundred dollars1 or by both fine and imprisonment1 at the discretion of the court40#aia ,,virginia4--8,any free person who shall administer to1 or cause to be taken by a woman1 any drug or other thing1 or use any means1 with intent to destroy her unborn child1 or to produce abortion or miscarriage1 and shall thereby destroy such child1 or produce such abortion or miscarriage1 shall be confined in the penitentiary not less than one1 nor more than five years4 ,no person1 by reason of any act mentioned in this section1 shall be punishable where such act is done in good faith1 with the intention of saving the life of such woman or child40#aib ,,missouri4--8,every physician1 or other person1 who shall willfully administer to any pregnant woman1 any medicine1 drug1 or substance whatsoever1 or shall use or employ any means whatsoever1 with intent thereby to procure abortion1 or the miscarriage of any such woman1 unless the same shall have been necessary to preserve the life of such woman1 or shall have been advised by a physician to be necessary for that purpose1 shall1 upon conviction1 be adjudged guilty of a misdemeanor1 and punished by imprisonment in the county jail not exceeding one year1 or by fine not exceeding five hundred dollars1 or by both such fine and imprisonment40#aic ,,alabama4--8,any person who willfully administers to any pregnant woman1 any drug or substance1 or uses and employs any instrument or other means to procure her miscarriage1 unless the same is necessary to preserve her life1 and done for that purpose1 must1 on conviction1 be fined not more than five hundred dollars1 and imprisoned not less than three or more than twelve months40#aid ,,louisiana4--8,whoever shall feloniously administer1 or cause to be administered1 any drug1 potion1 or any other thing1 to any woman1 for the purpose of procuring a premature delivery1 and whoever shall administer1 or cause to be administered1 to any woman pregnant with child1 any drug1 potion1 or any other thing1 for the purpose of procuring abortion1 or a premature delivery1 shall be imprisoned at hard labor for not less than one1 nor more than ten years40#aie ,,texas4--8,if any person shall designedly administer to a pregnant woman1 with her consent1 any drug or medicine1 or shall use toward her any violence1 or any means whatever1 externally or internally applied1 and shall thereby procure an abortion1 he shall be punished by confinement in the penitentiary not less than two1 nor more than five years2 if it be done without her consent the punishment shall be doubled4 8,any person who furnishes the means for procuring an abortion1 knowing the purpose intended1 is guilty as an accomplice4 8,if the means used shall fail to produce an abortion1 the offender is nevertheless guilty of an attempt to procure abortion1 provided it be shown that such means were calculated to produce that result1 and shall receive one half the punishment prescribed4 8,if the death of the mother is occasioned by an abortion so produced1 or by an attempt to effect the same1 it is murder4 8,if any person shall1 during parturition of the mother1 destroy the vitality or life in a child1 which child would otherwise have been born alive1 he shall be punished by confinement in the penitentiary for life1 or any period not less than five years1 at the discretion of the jury4#aif 8,nothing contained in this chapter shall be deemed to apply to the case of an abortion procured or attempted to be procured by medical advice for the purpose of saving the life of the mother40#aig ,,california4--8,every person who shall administer or cause to be administered or taken1 any medicinal substance1 or shall use1 or cause to be used1 any instrument whatever1 with the intention to procure the miscarriage of any woman then being with child1 and shall be thereof duly convicted1 shall be punished by imprisonment in the ,state prison for a term not less than two years1 nor more than five years2 provided1 that no physician shall be affected by this section1 who1 in the discharge of his professional duties1 deems it necessary to produce the miscarriage of any woman in order to save her life40#aih 99 99 99 99 99 ,,iv4 ,the ,state1 like ,england1 where proof of pregnancy is not required3#aii ,,indiana4--8,every person who shall willfully administer to any pregnant woman1 or to any woman whom he supposes to be pregnant1 anything whatever1 or shall employ any means with intent thereby to procure the miscarriage of such woman1 unless the same is necessary to preserve her life1 shall be punished by imprisonment in the county jail not exceeding twelve months1 and be fined not exceeding five hundred dollars40#bjj 99 99 99 99 99 ,the impossibility of proving the existence of pregnancy1 in all cases of early occurring1 and in many of advanced abortion1 save by its result1 is undeniable4 ,quickening1 where abortion is criminal1 is seldom previously ascertained by witnesses1 at least from actual examination4 ,if the mother is dead1 her own testimony1 not often willingly given1 is lost1 and the only reliable evidence that the usual period of quickening had been reached1 is from the body of the ftus1 frequently concealed or destroyed4 ,the law requires1 in proof of the existence of quickening1 that the woman should herself have felt the child move within her2#bja thus discarding#bjb the distinction once very properly made by a learned judge1 8,quick with child1 is having conceived2 with quick child1 is where the child is quickened40#bjc ,we have already sufficiently insisted on the error1 injustice1 and actual wrong to society1 of making this absurd distinction between the ftus of an early and a later age1 and only refer to it at the present time as foremost among the existing obstacles to conviction4 ,in some of the ,states1 the offence is considered a trifling one1 except as affecting the person or life of the mother2 this is the case in ,new ,hampshire1 ,vermont1 and ,massachusetts4 ,in ,ohio1 ,michigan1 ,minnesota1 ,wisconsin1 and ,oregon1 the proved death of either child or mother is required to make abortion a high misdemeanor1 felony or manslaughter2 while in ,virginia and ,arkansas it is necessary to constitute an indictable offence1 in the one ,state that the death of the child should be proved1 and in the other that this or its premature discharge has actually taken place4 ,an attempt at the crime would here seem beyond indictment1 unless ftal life were destroyed2 though if this could be proved1 the attempt might perhaps be reached1 even though the ftus were retained in utero1 and a true abortion1 its discharge1 had not taken place4 ,in ,maine1 the ftus must have died before birth2 if1 born living1 it yet die in consequence of the abortion1 the crime would seem not indictable1 save at common law4 ,in other ,states1 allowing the fact of pregnancy to be proved1 and in ,indiana alone this is not necessary1 attempts at abortion are as indictable as the act consummated1 save in ,texas1 where the means used must be shown to be such as 8were calculated to produce the result40 ,in but few instances is the crime1 intrinsically considered1 accounted a heinous one1 and recognized in its true character--an attempt to destroy the life of the child4 ,in ,texas1 the consent of the mother half palliates the crime2 while in very many codes abortion is omitted from the list of offences against the person1 and accounted only a breach of public decency and morality4 ,in ,ohio1 as we have seen1 it is called a high misdemeanor2 in ,new ,york1 ,michigan1 ,oregon1 ,arkansas1 and ,mississippi1 it is styled manslaughter in the first degree4 ,the punishment inflicted by the latter of these ,states1 however1 is ridiculously trivial1 and in all of them proof of quickening is required4 ,in ,new ,york it has been determined that under an indictment for procuring the abortion of a quick child1 which by the revised statutes is a felony1 the prisoner may be convicted1 though it turn out that the child was not quick1 and the offence therefore a mere misdemeanor2#bjd as in the remaining ,states it is indeed either in name or by penalty considered1--a simple1 trivial1 and venial offence4 ,but it must not be forgotten that the true nature of manslaughter consists in the absence of all malice or willful intent1 expressed or implied1 to do personal injury3 out of tenderness to the frailty of human nature1#bje the law mercifully denying to such homicide1 from unlawful accident or hasty passion1 the same degree of guilt with the cool1 deliberate act2#bjf nor that misdemeanors are specifically confined to the following category3 disturbances of the public peace1 trivial personal injuries1 public nuisances and scandals1 lewdness1 and incentives to special crimes4#bjg ,it is evident that under neither of these heads can the crime of abortion be properly made to fall4 ,difficulties of conviction1 similar to those we have seen obtaining in ,england1 and arising from requirement of proof that the means employed are unlawful1 also present themselves in several of our ,states1 though in most they have been wisely avoided4 ,in ,vermont and ,massachusetts the agent administered1 to be indictable1 must have been a 8poison1 drug1 medicine1 or noxious thing20 in ,illinois1 a 8poison1 noxious1 or destructive substance1 or liquid20 in ,texas1 a 8drug or medicine20 and in ,california1 a 8medicinal substance40 ,in ,maine1 ,new ,hampshire1 ,connecticut1 ,new ,york1 ,ohio1 ,michigan1 ,minnesota1 ,wisconsin1 ,oregon1 ,virginia1 ,missouri1 ,arkansas1 ,alabama1 ,mississippi1 and ,louisiana1 the wording of the statute is sufficiently comprehensive2 while in ,indiana1 there is used the curt but significant expression 8anything whatever10 it not being necessary under this statute1 in an indictment for administering medicine or any other substance1 to procure abortion1 for the agent to be described as noxious1 or even its name to be stated4#bjh ,the use of instrumental and other violence is generally well provided against4 ,the truth is1 as has indeed been ruled1 that it should not be necessary to show1 in pleading or evidence1 that the drug1 etc4 administered is noxious or the like1 the intent to procure abortion being the gist of the attempt2#bji and if a person administer a bit of bread merely1 with this intent1 it is sufficient to constitute the offence4#baj ,on the other hand1 it has been laid down1 that if the thing administered could of itself by no possibility produce the abortion1 and it were proved that this fact were known to the person administering1 the crime would not have been committed2 on the ground that he must be presumed to have acted without the malicious intent which the law requires4#baa ,here1 however1 the frequent and important physiological effect through the imagination1 in producing a definite result where such is supposed to be intended1 has been entirely forgotten4 ,in several ,states1 a seemingly unwise discrimination has been made by the law between the various methods employed4 ,thus in ,michigan1 ,mississippi1 ,arkansas1 and ,minnesota1 a special statute has been enacted for cases where the crime is effected 8by any injury to the mother1 which would be murder if it resulted in the death of such mother40 ,we have seen that the surest and most efficient means of producing abortion are those where no injury whatever is necessarily inflicted upon the mother4 ,such statutes as the above1 therefore1 actually tend to encourage the crime4 ,another important obstacle to conviction is found in the latitude the statutes allow1 generally by omission1 to the plea of justification4 ,in ,illinois and ,louisiana no justification whatever is allowed by the law4 ,in ,connecticut the offence is penal where committed 8willfully and maliciously20 in ,vermont and ,massachusetts to the latter of these expressions are added the words1 8or without lawful justification30 but in each case1 decision upon this point is left in great measure or wholly to the court4 ,in ,virginia1 to be allowable1 the abortion must have been necessary for the life of either the mother or child4 ,in ,maine1 ,new ,hampshire1 ,massachusetts1#bab ,new ,york1 ,ohio1 ,indiana1 ,michigan1 ,missouri1 ,alabama1 ,mississippi1 ,arkansas1 ,texas1 ,minnesota1 ,california1 ,oregon1 and the ,territories of ,kansas and ,washington1 it must have been performed for the sake of the mother's life alone4 ,in none of these ,states is a standard of such justification established by the statute4 ,in ,maine1 ,new ,york1 ,indiana1 ,alabama1 ,oregon1 and the ,territory of ,washington1 this is not even attempted4 ,in ,texas1 the statute acknowledges 8medical advice40 ,in ,missouri1 ,mississippi1 ,california1 and the ,territory of ,kansas1 the sanction of 8a physician0 is allowed as excuse2 in ,arkansas that of 8a regular physician20 in ,new ,hampshire1 ,ohio1 ,michigan1 and ,minnesota1 8two physicians0 may decide on its necessity2 but in every one of these ,states1 the word 8or0 stands engrossed upon the statute1 and thereby the precaution is practically invalidated2 which could not have been the case had the word 8and0 have been used instead4 ,the truth is1 as we have seen1 that when such latitude is allowed by the law1 it is inevitably abused4 ,medical evidence1 medical sanction1 and medical performance are absolutely essential for excuse in every case2 if the opinion of a single physician is allowed to be sufficient1 an escape is afforded for all instances where this privilege has been dishonored2 the word 8regular0 is much more liable to be misinterpreted than the word 8competent20#bac in every case before abortion can be justified1 its necessity should previously have been decided and the possibility of crime thus prevented1 by a consultation of at least two competent medical men4 ,we have pointed out many circumstances under which premature labor is demanded1 by the rules of humanity and of medicine1 for the sake of the mother's life1 and have seen that in several ,states it is for this cause allowed4 ,but we have also shown that it is often equally necessitated for the sake of the child4 ,in no ,state save ,virginia is its justifiability for this purpose yet recognized by the statute law4 ,by the codes of most ,states1 the mother is not punishable1 however directly implicated in the crime4 ,new ,hampshire1 ,new ,york1 and ,wisconsin1 are apparently the only exceptions to this statement2 the last two of them also not requiring proof of pregnancy for conviction1 while by implication ,new ,hampshire does4 ,by the statute of ,indiana1 all other women equally with the mother would seem released from prosecution1 the word 8he0 being used of the persons indictable4 ,the same oversight is noticed in the first section of the statute of ,texas4 ,objections were formerly made1 especially in ,england1 to the severity of the penalties then inflicted1 7death in case of quickening1 transportation or long imprisonment otherwise17 on the erroneous ground that this severity was wholly disproportionate to the guilt of the offence1 and that1 therefore1 juries did not convict4 ,the mistaken character of this supposition is shown by abundant proof in this country4 ,in many ,states the penalties of the law are absurdly insignificant1 tending1 equally with the uncertainty of their infliction1 to encourage the crime1 and yet the same difficulties of conviction prevail4 ,the true nature of these difficulties we have endeavored in great measure to explain1 and we think it will have appeared that however numerous and serious they may be1 they are yet not insuperable4 ,before concluding this subject1 it is proper that we examine more fully into the doctrine of the common law1 to understand more precisely its meaning4 ,in so doing1 we shall quote freely from the leading authorities of the day1 especially those of this country4 99 99 99 99 99 ,the destruction of an unborn child is not at the present day murder at the common law1 though such was formerly the case2#bad to constitute which crime1 the person killed must at the time of death have been alive1#bae as we have shown the ftus to be from the time of conception1 and 8a reasonable creature in being10#baf a quality in this connection denied to the child by the law1 though in all other relations it inconsistently allows and affirms it2 as it does also1 and always1 from the moment of birth1 even though the funis is undivided and the placenta still attached4#bag ,to cause abortion after quickening1 is not1 as such1 murder or manslaughter at common law1 but a high misdemeanor4#bah ,whether to cause1 or to attempt1 abortion before quickening is a penal offence at common law1 has been differently decided4 ,in several of the ,states1 as ,maine1 ,massachusetts1 and ,new ,jersey1 it has been ruled by the ,supreme ,court not to be indictable1 even as an assault1 if done with the consent of the woman2 on the ground that only in case of high crimes is the person assaulted incapable of assenting4#bai ,the ,pennsylvania court1 however1 has discarded this doctrine1 and has decided that the moment the womb is instinct with embryo life1 and gestation has begun1 the crime may be perpetrated4#bbj ,the distinction alluded to with regard to quickening1 is allowed by an acknowledged legal authority#bba to be at open variance not only with medical experience1 but with all other principles of the common law4#bbb ,the civil rights of an infant in utero are respected equally throughout gestation2 at every stage of which process1 no matter how early1 it may be appointed executor1#bbc is capable of taking as legatee#bbd or under a marriage settlement1#bbe may take specifically as 8a child0 under a general devise1#bbf and may obtain an injunction to stay waste4#bbg ,when1 in an attempt to procure an abortion1 there is an evident intent to produce the death of the mother1 and her death does actually occur1 such attempt becomes murder at common law2#bbh but when nothing more is intended than to commit the misdemeanor1 it is only manslaughter1#bbi being an instance of homicide from individual malice toward a third party1 when the fatal blow falls on the deceased by mistake4 ,it has been said1 however1 that this last is not the true doctrine1 the destruction of an infant in utero being1 even at common law1 in some respects felonious1 and the act in its nature malicious and deliberate1 and necessarily attended with danger to the person on whom it is performed4#bcj ,the use of violence upon a woman1 with an attempt to produce her miscarriage without her consent1 rules ,chief ,justice ,shaw1 of ,massachusetts1 is an assault highly aggravated by such wicked purpose1 and would be indictable at common law4 ,so where1 upon a similar attempt1 the death of the mother ensues1 the party making such an attempt1 with or without her consent1 is guilty of murder1 on the ground that it is an act done without lawful purpose1 dangerous to life1 and that the consent of the woman cannot take away the imputation of malice1 any more than in case of a duel1 where in like manner there is the consent of the parties4#bca ,though to kill the ftus in utero is as such1 by the common law1 no murder1 yet if it be born alive1 and die subsequently to birth from the wounds it received in the womb1 or from the means used to expel it1 the offence becomes murder in those who cause or employ them4#bcb ,if a person1 intending to procure abortion1 does an act which causes the child to be born earlier than its natural time1 and therefore in a state much less capable of living1 and it afterwards die in consequence of such premature exposure1 the person who by this misconduct brings the child into the world1 and puts it into a situation in which it cannot live1 is guilty of murder1 though no direct injury to the child be proved2 and the mere existence of a possibility that something might have been done to prevent the death1 does not lessen the crime4#bcc ,the earlier ,english statutes1 from their peculiar phraseology1 held pregnancy essential for the commission of the crime1#bcd yet an attempt to produce abortion is now indictable at common law1#bce though it fail by reason of the woman being1 in fact and contrary to the belief of the party1 not pregnant4#bcf ,for though as no man would attempt what he absolutely knew he could not in fact perform1 nor would be deemed in law to have so attempted1 and as every one being conclusively presumed to understand the law1 no man can legally intend what is legally impossible1 the rule as to facts is different2 for men are not conclusively held by the law to know facts4 ,and if a man fails in what he undertakes1 because of an impossibility in fact1 which he did not know1 he is just as answerable as if the failure were from any other cause4#bcg ,we have seen the mistaken basis1 as regards the criminality of abortion1 on which the common law is founded1 and that while it recognizes the distinct existence of the ftus for civil purposes1 it here considers its being as totally engrossed in that of the mother4 ,a recent authority thus accounts for and defends the mistake4 ,the wealth and prosperity of the country1 it is assumed1 and the growth and efficiency of its population1 are alike matters of general concern1 and therefore the law takes them under its care4 ,as to population1 there are in civil jurisprudence such rules1 as that the husband may hold the lands of his deceased wife during his life1 if before her death a living child was born1 but not otherwise2 the law thus offering1 in effect1 a reward for issue4 ,it does not compel matrimony1 because that would be an infringement of private rights2 but for the same end1 it does punish abortions4#bch ,another writer has also implied that the common law1 in making fticide penal1 had in view the great mischiefs which would result from even its qualified toleration3 namely1 the removal of the chief restraint upon illicit intercourse1 and the shocks which would be sustained thereby by the institution of marriage and its incidents2 among which the delicacy of women4#bci ,in unison with these opinions1 ,judge ,coulter1 of ,pennsylvania1 has ruled1 that 8it is not the murder of a living child which constitutes the offence1 but the destruction of gestation40#bdj 99 99 99 99 99 ,if our previous assumptions of the actual character of criminal abortion be granted1 and we believe that they have been proved to a demonstration1 it must follow from the subsequent remarks that the common law1 both in theory and in practice1 is insufficient to control the crime2 that in many ,states of this ,union1 the statutory laws do not recognize its true nature2 that they draw unwarrantable distinctions of guilt2 that they are not sufficiently comprehensive1 directly allowing many criminals to escape1 permitting unconsummated attempts1 and improperly discriminating between the measures employed2 that they require proofs often unnecessary or impossible to afford2 that they neglect to establish a standard of justification1 and thereby sanction many clear instances of the crime2 that by a system of punishments wholly incommensurate with those inflicted for all other offences whatsoever1 they thus encourage instead of preventing its increase2 and that in many respects they are at variance1 not merely with equity and abstract justice1 but with the fundamental principles of law itself4 8,it is to be hoped10 has forcibly been written1 8that the period is not far remote1 when laws so cruel in their effects1 so inconsistent with the progress of knowledge and civilization1 and so revolting to the feelings and claims of humanity1 will be swept from our statutes40#bda ,in a similar trust1 it now behooves us to consider whether1 and in what manner1 the difficulties in the way of generally suppressing the crime of abortion can be overcome4 ,,viii4 ,,can ,,it ,,be ,,at ,,all ,,controlled ,,by ,,law8 ,to this important question ,i do not hesitate to give an unqualified answer in the affirmative4 ,the fact that criminal abortion is not controlled by law anywhere1 cannot be entertained as a valid argument to the contrary of this assertion2 for it is equally the fact1 as we have seen1 that laws against abortion do not as yet exist1 which are in all respects just1 sufficient1 and not to be evaded4 ,it is evident that in aiming to suppress this crime1 the law should provide not merely for its punishment1 but indirectly as well as directly1 and so far as possible1 for its prevention4 ,the punishment of a crime cannot be just1 if the laws have not endeavored to prevent that crime by the best means which times and circumstances would allow1#bdb and this is to be accomplished by a twofold process3 by rendering on the one hand its detection more probable1 and on the other its punishment more certain4 ,as indirect though important measures for the former of these ends1 we have already mentioned laws for registration1#bdc and against concealment of births and secret burials4 ,as a single proof of their possible influence in this respect1 out of many that might be adduced1 we instance the fact that in ,paris the number of premature ftuses deposited at the ,morgue1 during the nine years1 from #ahdf to #ahed1 inclusive1 was found to exceed by more than two-thirds that of the full decade just preceding1 from #ahcf to #ahde4bdd ,to render this difference more apparent1 we have compiled the following table3-- ,age of ftuses deposited4 ,ten years3 ,nine years3 #ahcf-ahde4 #ahdf-ahed4 ,from #b to #c months #ba #eh 0 #c to #d 0 #ce #gc 0 #d to #e 0 #ef #ajb 0 #e to #f 0 #fi #hb --- --- ,total #aha #cae ,part of this advance1 it is true1 is attributable to the increase in the population of ,paris1 and in the prevalence of criminal abortion1 but in great measure it is clearly owing to the enforcement of a more rigid law against secret burials4 ,the above remarks are strikingly corroborated by the fact that of trials for the crime1 and we must not forget that these bear but a small ratio to the whole number of cases preliminarily investigated1#bde there were in ,france1 during the latter of these periods1 fully four times the number occurring from #ahcf to #ahde4 ,the establishment of foundling hospitals1 by the ,state governments1 has been urged as a preventive of the crime1 and1 on the other hand1 fears have been expressed lest the same means should increase it4 ,for ourselves1 however1 and from some experience in such cases1 we believe that these fears are groundless1 and that with equal justice might they be entertained of every large charity having for its end the improvement1 sanitary or otherwise1 of the masses of society4 ,we have quoted a statute existing in ,massachusetts1 though practically unenforced1 against one great agent in the increase of abortion1 an abuse of its license by the public press4 ,were such laws to become general1 and to be faithfully executed1 and were it also made penal to sell any drug1 popularly known as emmenagogue1 except as advised by physicians1 just as the sale of direct poisons is1 or should be1 controlled by law1 the present system of openly advertising by abortionists would undoubtedly be brought to a close4 ,in no matter is it of more importance than in cases of suspected criminal abortion1 that coroners should be intelligent and well educated medical men2 and we could wish that this point might have received especial attention from ,dr4 ,semmes1 in his late admirable report to the ,american ,medical ,association4#bdf ,in the sudden excitement of an inquest1 the guilty are more likely than at a later period to be off their guard1 and evidence may often be elicited at this time1 which1 at the subsequent trial1 it would be impossible to obtain4 ,there can be no question of the importance of this point2 the coroner should be skilled in all that pertains to obstetric jurisprudence2 and if similar knowledge were more generally possessed by other officers of justice1 attorney1 juror1 and judge1 a far greater number of convictions1 under a proper law1 would be secured4 ,as regards the more direct statutes1 we have already considered their important points4 8,in order to render laws effectually preventive10 has wisely been said1 8they should be consistently framed1 and based on justice40#bdg ,in accordance with this truly axiomatic doctrine1 and with various rulings of the courts1 already quoted1 no proof should be demanded which is not necessitated by the actual character of the crime4 ,we have seen that neither in intent nor in fact is this an attempt against the person or life of the mother4 ,if she die in consequence1 the offender is already amenable for it as homicide2 in the absence of any special statute1 at common law4 ,the crime1 both in intent and in fact1 is against the life of the child4 ,the attempt being proved1 it is unnecessary that it should have been consummated1 not merely the completion of a crime bringing its punishment1 but also certain overt acts with intent to the perpetration2 nor is it requisite that any injury1 specific or general1 should have been inflicted upon the person of the mother4 ,the offence being of equal guilt throughout pregnancy1 proof of quickening1 the incident1 not the inception of vitality1--indicating neither the commencement of a new stage of existence1 nor an advance from one stage to another1--#bdh and1 therefore an element without the slightest intrinsic value1 should not be required4 ,the crime of abortion should be considered to include1 as it does in the absolute fact of moral guilt1 all cases of attempted or intentionally effected destruction and miscarriage of the product of impregnation2 and this1 whether it be living or dead1 normal or abnormal1 which last expression equally comprehends instances of moles1 hydatids1 extra-uterine conception1 acephalous1 anencephalous1 and other monsters4 ,proof should not1 as now1 be required of intent to destroy the child4#bdi ,this should be considered shown by the intent to produce miscarriage1 in the absence of lawful justification therefor2 the act in all stages of pregnancy being attended with great danger to the child1 and1 in much more than a moiety of the period1 necessarily fatal to it4 ,the attempt being considered criminal1 it follows that proof of pregnancy is not necessary1 and that conviction should be had though it were proved that pregnancy did not exist1#bej even that the woman on whom the abortion was attempted1 however unlikely1 was still a virgin4#bea ,no discrimination should be made as to the means criminally employed1 and an escape thus afforded to the guilty2 as we have seen still obtaining in ,great ,britain and many of our own ,states4 ,the mother1 almost always 8an accessory before the fact10 or the principal1 should not1 as now1 be allowed almost perfect impunity4 ,there is no valid reason for such exemption1 there is every reason against it4 ,the woman is covered by the laws of most continental nations of ,europe1--,france1 ,austria1 ,germany1 ,bavaria1 and ,italy1--and by many of them her punishment1 if married1 is greatly increased4 ,similar severity is also exercised in these countries against the father of the ftus1 if he too is implicated in the crime4 ,to allow that abortion is extenuated in the unmarried1 it has been said1 will 8to the moral and political philosopher appear to have exalted the sense of shame into the principle of virtue1 and to have mistaken the great end of penal law1 which is not vengeance1 but the prevention of crime4 ,law1 which is the guardian and bulwark of the public weal1 must maintain a steady and even rigid watch over the general tendencies of human actions40#beb ,but1 on the other hand1 8the measure of punishment should be proportionate1 as nearly as possible1 to the temptation to offend1 and to the kind and degree of evil produced by the offence40#bec ,we have seen the increase in moral guilt1 and of opportunity for commission and for escape1 in the case of nurses1 midwives1 and other classes of persons1 who1 from their profession1 are brought more directly into contact with pregnant women4 ,by the penal code of ,napoleon the ,first1 remarkable in so many respects for the wisdom of its provisions1 an increase of punishment was enacted for abortion criminally induced or advised by physicians1 surgeons1 or other officers of health1 including midwives1 or by druggists2#bed their guilt being enhanced by their greater opportunities and knowledge4 ,punishments for the crime of abortion should not1 as is now generally the case1 be so framed as to render the statute1 in fact1 if not in name1 simply nugatory4 ,were the murder of adults to be made answerable by merely a year or two in prison1 far more convictions than at present would undoubtedly be secured2 but it is certain that the instances of the crime would be fearfully increased4 ,we have reason to believe that it is precisely thus with the case in hand4 ,a standard of justification for the instances of necessary abortion should be fixed by law4 ,if perfection in this respect be impossible1 let the nearest approach be made to it that can4 ,since my remarks upon the relative rights of the mother and ftus to the chance of life in doubtful cases were published in a former paper of the present series1 ,i have received from ,dr4 ,rattenmann1 late of ,tbingen1 an essay1 written by himself1 in which this question is discussed at length1 and the repetition of abortion upon the same individual1 in the early months of pregnancy1 is defended4 ,i have carefully considered the several arguments advanced by the gentleman1 and am compelled to adhere to the views ,i have already expressed4 99 99 99 99 99 ,in presenting a report upon the matter1 in #aheg1 by direction of the ,suffolk ,district ,medical ,society of ,massachusetts1 the writer offered the draft of a law1 prepared after much thought and consultation with legal as well as with medical men1 and embodying the suggestions made above4 ,this was intended for the consideration of the ,legislature of the ,state1 in the hope that it might be of aid toward a modification of the present defective law4 ,having seen no reason to change the opinions then avowed1 but1 on the contrary1 receiving constant confirmation of their truth1 ,i now present the essential portions of that draft1 acknowledging most willingly that its wording may1 perhaps1 with safety1 be simplified and condensed2 but contending1 in all sincerity and earnestness of purpose1 that its general tenor is what justice and humanity alike1 and imperatively1 demand at the hands of society4 8,whoever1 with intent to cause and procure the miscarriage of a woman1 shall sell1 give1 or administer to her1 prescribe for her1 or advise1 or direct1 or cause1 or procure her to take any medicine1 or drug1 or substance whatever1 or shall use1 or employ1 or advise any instrument1 or other means whatever1 with the like intent1 unless the same shall have been necessary to preserve the life of such woman1 or of her unborn child1 and shall have been so pronounced 7in consultation7 by two competent physicians2 and any person1 with the like intent1 knowingly aiding and assisting such offender or offenders1 shall be deemed guilty of felony10 etc4 etc42 8and if such offence shall have been committed by a physician1 or surgeon1 or person claiming to be such1 or by a midwife1 nurse1 or druggist1 such punishment may be increased at the discretion of the court40 8,every woman who shall solicit1 purchase1 or obtain of any person1 or in any other way procure1 or receive1 any medicine1 drug1 or substance whatever1 and shall take the same1 or shall submit to any operation or other means whatever1 or shall commit any operation or violence upon herself1 with intent thereby to procure a miscarriage1 unless the same shall have been by two competent physicians 7in consultation7 pronounced necessary to preserve her own life1 or that of her unborn child1 shall be deemed guilty10 etc4 etc42 8and if said offender be a married woman1 the punishment may be increased at the discretion of the court40 ,it was also advised that the encouragement of criminal abortion1 by publication1 lecture1 or otherwise1 or by the advertisement1 sale or circulation of such publication1 should be made penal1 and that the present well worded statute against the personal advertisements of abortionists1 and their nostrums1 should be rigorously enforced4 ,to the words now quoted were added1 and they are still applicable1 the following3-- 8,we have aimed at a statute1 which1 while it better defined this atrocious crime1 and covered the usual grounds of escape from conviction1 established also the proper standard of competence in all medical questions involving issues of life and death4 ,we believe that it would be the means of preventing much of the present awful waste of human life4 ,but enforce such a law1 and the profession would never allow its then high place in the community to be unworthily degraded2 nor1 as now1 would those be permitted1 unchallenged1 to remain in fellowship1 who were generally believed guilty1 or suspected even of this crime40#bee ,in the same belief1 strengthened by nearly three years careful reflection1 that criminal abortion can1 to a great extent1 be controlled by law1 if but the community so will1 we proceed to the last division of our subject1 and discuss the duty of the medical profession toward the ultimate suppression of the crime4 ,,ix4 ,,the ,,duty ,,of ,,the ,,profession4 ,i have stated that the prevalence of criminal abortion is in great measure owing to a seeming neglect of ftal life on the part of medical practitioners1 and that in other degree it is attributable to ignorance by the community of the actual character of the offence1 an ignorance of physiological facts and laws2 and on both these points abundant proof has been afforded of the truth of my assertions4 ,i have also stated that medical men1 in all obstetric matters1 are the physical guardians of women and their offspring2 a proposition that none can deny4 ,we have seen that unjustifiable abortion1 alike as concerns the infant and society1 is a crime second to none2 that it abounds1 and is frightfully on the increase2 and that on medical grounds alone1 mistaken and exploded1 a misconception of the time at which man becomes a living being1 the law fails to afford to infants and to society that protection which they have an absolute right to receive at its hands1 and for the absence of which every individual who has1 or can exert1 any influence in the matter1 is rendered so far responsible4 ,under these circumstances1 therefore1 it becomes the medical profession to look to it1 lest the whole guilt of this crime rest upon themselves4 ,and1 in the first place1 it might be asserted with some truth1 that such is indeed the case4 ,for1 on the one hand1 it was from physicians1 as is proved by early medical literature1 that the mistaken notions1 both of the law and of the people1 regarding intra-uterine vitality1 were derived2 and on the other1 the apathy and silence still existing on this subject among medical men1 though thousands and hundreds of thousands of human lives are thus directly at stake1 and are annually sacrificed1 can only be explained on one of two suppositions1--either that we do not yet really believe in the existence of ftal life1 though professing to do so1 or that we are too timid or slothful to affirm and defend it4 ,by the one alternative a gross lie seems proved2 by the other a degrading and strange inconsistency4 ,but1 ,i believe1 this apparent negligence proceeds only from ignorance of the real duty of the profession4 ,it is my aim1 while setting forth a deliberate and carefully prepared opinion upon this point1 to inspire1 if possible1 in my fellow-practitioners throughout the land1 somewhat of the holy enthusiasm sure in a good cause to succeed despite every obstacle1 and an earnest1 uncompromising hostility to this result of combined error and injustice1 the permitted increase of criminal abortion4 ,enough has already been said to show that there is need of increased vigilance on the part of medical men1 lest they themselves become innocent and unintentional abettors of the crime4#bef ,if1 on the other hand1 the community were made to understand and to feel that marriage1 where the parties shrink from its highest responsibilities1 is nothing less than legalized prostitution1 many would shrink from their present public confession of cowardly1 selfish and sinful lust4 ,if they were taught by the speech and daily practice of their medical attendants1 that a value attaches to the unborn child1 hardly increased by the accident of its birth1 they also would be persuaded or compelled to a similar belief in its sanctity1 and to a commensurate respect4 ,but it is asked1 is our silence wrong8 ,is there not danger otherwise of increasing the crime8 ,these are the questions not of wisdom1 or prudence1 or philanthropy1 but of an arrant pusillanimity4 ,vice and crime1 if kept concealed1 but grow apace4 ,they should be stripped of such protection1 and their apologists1 thereby their accomplices1 condemned4 ,answers1 however1 are ready at hand to the questions proposed4 8,it is one of the great desiderata of registration1 that more particularity should be observed in collecting facts relating to the subject of the still-born40#beg 8,has it been sought10 society demands of the profession1 8to account for the peculiarities relating to the still-born1 and to combat the causes which in certain circumstances swell their number in so deplorable a manner80#beh 8,an honest and fearless expression of these causes and circumstances1 on the part of medical men1 would bring to light an amount of knowledge that might be useful in checking this horrible and increasing waste of life40#bei 8,such an exercise of his knowledge1 experience1 and true moral courage1 is not only the province1 but the conscientious duty of the physician40#bfj 8,it should be constantly borne in mind1 that there is here a high and stern morality1 that should stimulate the medical profession in the exercise of their utmost effort and ingenuity1 with the view to master and disclose the secrets of these villainous practices2 the more villainous1 because they are very generally conceived in fraud1 practiced in deception1 upon innocent and unsuspecting victims1 and result the most commonly in the destruction of two lives at once40#bfa 8,for ourselves1 we have no fear that the truth in reference to the crime of procuring abortion1 would do aught but good4 ,it would appear that sheer ignorance in many honest people1 is the spring of the horrible intra-uterine murder which exists among us2 why not then enlighten this ignorance8 ,it would be far more effectually done by some bold and manly appeal1 than by the scattered influence of honorable practitioners alone4 ,will not the mischief1 by-and-by1 be all the more deadly1 for delaying exposure and attempting relief8 8,whatever estimate may attach to our opinion1 we believe that not only ought these things not so to be1 but that the public should know it from good authority40#bfb 8,this is a topic which ought to be regarded of the highest interest to the profession and the public40#bfc 8,it is by far the most important subject before the profession1 and in its medical as well as moral bearings1 appeals alike to our patriotism and humanity40#bfd 8,we think the public have very erroneous ideas of the turpitude of this crime1 and we deem it our duty1 as conservators both of the public health and morals1 to set it in a correct light before them40#bfe 8,the question of criminal abortion is doubtless one of extreme difficulty2 it is not1 however1 beyond the reach of the enlightened prudence and the firm will of the authorities4 ,it is a subject of such vital import to society in general1 that we feel convinced it cannot but awaken the anxious thought of the persons who1 from their position1 are entrusted with the application of the laws and the control of public morals40#bff ,whoever shall succeed in fixing upon it the attention it deserves1 8has taken a stand in this matter alike creditable to his head and his heart1 and we feel that he will receive the hearty thanks of every true physician40#bfg 8,the increasing prevalence of infanticide10 which is but rare compared with criminal abortion1 8its dangerous moral influence1 the apathy with which so many regard its spread1 and the very considerable difficulty in obtaining conviction1 call loudly for reform4 ,the question is one of national importance40#bfh 8,with this view of the case before us1 ,i suggest it as our imperative duty to direct the attention of legislators to the importance of enacting a statute in conformity thereto40#bfi ,such are the confessions1 independently given1 of high-minded and honorable medical men4 ,no more can be added1 no less would have been true4 ,it must be granted1 then1 that a bold and manly utterance of the truth1 combining as this must1 contradiction of the error and denouncement of the crime1 should be made by the members of the profession on every occasion4 ,by this course it is plain that a healthier moral tone would be made to prevail in the community1 the crime would become of rarer occurrence1 and the laws1 such as they are1 would be more faithfully attempted to be enforced4 ,but it has been shown that the laws on the subject of criminal abortion are radically imperfect and defective1 and that this is attributable1 wholly1 to a medical cause4 ,we assert1 therefore1 that not only is it the duty of the profession as individual components of society1 but more especially as medical men1 to see them amended1 and to leave no means untried1 no effort unmade1 for the attainment of this end4 8,physicians alone10 says ,hodge in his ,introductory ,address1 8can rectify public opinion1 they alone can present the subject in such a manner that legislators can exercise their powers aright in the preparation of suitable laws2 that moralists and theologians can be furnished with facts to enforce the truth upon the moral sense of the community1 so that not only may the crime of infanticide be abolished1 but criminal abortion properly reprehended1 and that women in every rank and condition of life may be made sensible of the value of the ftus1 and of the high responsibility which rests upon its parents40#bgj ,it has been stated1 indeed publicly avowed by a medical body1#bga that when a physician 8shall become cognizant of any attempt unlawfully to procure abortion1 either by persons in the profession or out of it1 it shall be his duty immediately to lodge information with some proper legal officer1 to the end that such information may lead to the exposure and conviction of the offender40 ,this doctrine is doubtless true to a great extent1 but it cannot be applied to the confidential disclosures of patients themselves1 which no man has a right to reveal1 unless constrained by the direct command of the court1 at which1 it has been ruled1 even professional secrets must be divulged4#bgb 99 99 99 99 99 ,it follows1 from the evidence we have now adduced1 that if it be the duty of the profession to urge upon individuals the truth regarding this crime1 it is equally their duty to urge it upon the law1 by whose doctrines the people are bound2 and upon that people1 the community1 by whose action the laws are made4 ,and this should be done by us1 if we would succeed in suppressing the crime1 not by separate action alone1 but conjointly1 as the profession1 grandly representing its highest claim1--the saving of human life4 ,every step toward this end should be hailed with enthusiasm4 ,the late action of the ,state ,society of ,massachusetts1 directly resulting from professional agitation of the subject1 deserves praise and imitation2 the body referred to having passed a series of resolutions to the following effect3 8,that the ,fellows of the ,massachusetts ,medical ,society regard with disapprobation and abhorrence all attempts to procure or promote abortion1 except in cases where it may be necessary for the preservation of the mother's life2 and that no person convicted of such attempt1 can1 consistently with its by-laws1 any longer remain a fellow of the society40#bgc ,but the mere passage of resolutions in disapproval of this horrible and so rapidly increasing crime is not sufficient to effect its abatement4 ,something more is wanted than the testimony of record books1 the pointless vote of a board of councillors4 ,there must come a hearty1 earnest1 and unanimous voice from the mass of the profession2 an assertion that criminal abortion1 or at least its permitted commission1 shall no longer exist4 ,too much zeal cannot be shown by physicians in relieving themselves from the weight of responsibility they may have incurred by innocently causing the increased destruction of human life4 ,let it not be supposed by the public that there is among us1 either in theory or practice1 any disregard of the unborn child4 ,if such impression have already obtained1 from our own negligence1 the falsehoods of irregular practitioners1 or otherwise1 it should at once be removed4 ,ftal life ever is1 and ever has been1 held sacred by all respectable physicians1 and whenever criminal abortion has been known to have been advised1 perpetrated or abetted by one claiming our honorable name1 he has invariably and at once lost all professional standing4 ,we have seen that it is no trifling matter1 this awful waste of human life4 ,it is a subject that demands the best efforts of the whole profession as a body and as men4 ,the crime1 no longer practiced in secret1 must be met boldly2 and met with unanimity1 it will be met successfully4 ,but whether these efforts are to be at once decisive or not1 whether they are to be received with the gratitude of the community or its disfavor1 is no concern of ours4 ,our duty is very plain2 it is to stand1 irrespective of personal consequences1 in the breach fast making in the public morality1 decency1 and conscience1 and1 to the best of our strength1 to defend them4 ,it might be1 it very likely would be1 for our immediate pecuniary interest1 as a profession1 to preserve silence2 for we have shown that abortions1 of all causes1 tend to break down and ruin the health of the community at large4 ,but to harbor this thought1 even for a moment1 were dishonorable4 8,i will never set politics against ethics10 said ,bacon1 8for true ethics are but as a handmaid to divinity and religion40 ,we must take this decided stand1 there is no choice2 else we are recreant to the high trust we have assumed1 and to ourselves4 ,whether the suppression of abortion be effected or no1 one thing is certain1 our own hands will have been cleansed of this sea of blood4 ,we shall have declared our abhorrence and our innocence of the crime4 ,longer silence and waiting by the profession would be criminal4 ,if these wretched women1 these married1 lawful mothers1 aye1 and these ,christian husbands1 are thus murdering their children by thousands1 through ignorance1 they must be taught the truth2 but if1 as there is reason to believe is too often the case1 they have been influenced to do so by fashion1 extravagance of living1 or lust1 no language of condemnation can be too strong4 ,let us1 then1 meet the issue earnestly and boldly4 ,silence and patient expectance have been fairly tried2 the disease is not self-limited2 the evil1 instead of working its own cure1 has assumed a gigantic1 an awful growth4 ,abstract discussions of this matter1 by ourselves1 and within the closed doors of our several societies1 no longer avail4 ,we are all agreed upon the guilt of abortion2 we ever have been4 ,our prayers for its suppression have not been answered1 for they have hitherto been offered with inactive hand4 ,we should1 as a profession1 openly and with one accord appeal to the community in words of earnest warning2 setting forth the deplorable consequences of criminal abortion1 the actual and independent existence1 from the moment of conception1 of ftal life4 ,and that the effort should not be one of words merely1 we should1 as a profession1 recommend to the legislative bodies of the land1 the revision and subsequent enforcement of all laws1 statutory or otherwise1 pertaining to this crime1--that the present slaughter of the innocents may to some extent1 at least1 be made to cease4 ,for it is 8a thing deserving all hate and detestation1 that a man in his very originall1 whiles he is framed1 whiles he is enlived1 should be put to death under the very hands and in the shop of nature40#bgd ,in conclusion2 a committee1 consisting of ,drs4 ,blatchford1 of ,new ,york1 ,hodge1 of ,pennsylvania1 ,pope1 of ,missouri1 ,barton1 of ,south ,carolina1 ,lopez1 of ,alabama1 ,semmes1 of the ,district of ,columbia1 ,brisbane1 of ,wisconsin1 and the writer1 was appointed by the ,national ,medical ,association1 at its meeting at ,nashville1 in #aheg1 to report upon criminal abortion1 with a view to its general suppression4 ,the report of this committee1 brief1 but in strict accordance with the series of papers now ended1 has lately been made to the ,association1 at its session held at ,louisville1 in ,may of the present year4 ,the report was accepted1 and the resolutions appended to it#bge were unanimously adopted4 ,in behalf of the committee1 of whom he had the honor to be chairman1 the writer cannot close this portion of his labors without thanking the physicians of the land1 represented as they are by the ,association1 for their hearty and noble response to the appeal that has been made them4 ,he would express1 were it possible1 the gratitude not of individuals1 but society2 for by this act the profession has again been true to 8its mighty and responsible office of shutting the great gates of human death40 ,,footnotes #a ,so far as the writer is aware1 there exists1 in this or any other language1 no paper upon the subject at all commensurate with its importance4 ,the chapters devoted to it in medical text-books1 though some of them admirable so far as they go1 especially that of ,beck1 are defective and often erroneous2 while but little information of any value can be found elsewhere4 ,in the ,french periodicals have appeared articles on special points hereafter referred to2 in ,great ,britain able arguments regarding the commencement of ftal life have been made by ,radford1 7#ahdh27 and in this country1 with remarks on the frequency of the crime1 by ,hodge1 of ,philadelphia1 7#ahci and #ahed17 and by the present ,professor of ,obstetrics in ,harvard ,university1 7#ahee47 ,to the latter1 his father1 and to the journalists 7,drs4 ,morland and ,minot1 of ,boston17 by whom the effort then made was so warmly and eloquently seconded1 the writer acknowledges his indebtedness for the thought of the present undertaking4 #b ,as quoted by ,hodge4 ,introductory ,lecture1 p4 #ae4 #c ,hippocrates states that this is a fact1 and that he had found the difference of a whole month1 which he attributes to the 8greater strength0 of the male4--7,on the ,nature of the ,child1 ,sect4 #aa47 ,i am unaware that this point has been investigated by any modern writer4 #d 8,these sounds may sometimes be distinguished several weeks before the mother becomes conscious of the motions of the child40--,n,,gele2 ,treatise on ,obstetric ,auscultation1 p4 #ej4 #e ,memoire sur la cause des ,prsentations de la ,tte1 c4--,mm4 de l',acad4 ,roy4 de ,md4 tome ii4 #f ,a4 ,,par2 ,english ,trans41 p4 #hii4 ,,hugh ,,chamberlen',s ,trans4 of ,mauriceau on ,diseases of ,women with ,child1 p4 #adg1 ,note4 ,,ennemoser2 ,historisch-physiologische ,untersuchungen ber den ,ursprung und das ,wesen der menschlichen ,seele2 ,bonn1 #ahbd4 ,,cabanis2 ,rapports du ,physique et du moral de l',homme1 tome ii4 p4 #dca4 #g ,ed4 ,med4 and ,surg4 ,journ41 ,jan4 #ahee1 p4 #ej4 #h ,,simpson1 ,obstetric ,works1 vol4 ii4 p4 #hh4 #i ,many of the statistics now presented we have also embodied in a paper upon the decrease of the rate of increase of population now obtaining in ,europe and ,america1 read before the ,american ,academy of ,arts and ,sciences1 ,december #adth1 #aheh1 as a contribution to the ,science of ,political ,economy4 #aj ,,moreau ,,de ,,jonn,s1 ,elments de ,statistique1 #ahef1 p4 #bjb4 #aa ,journal des ,economistes1 ,march and ,may1 #ahdg4 #ab ,edinburgh ,review1 ,jan4 #aheg1 p4 #cdb4 ,med4 ,times and ,gazette1 ,may1 #aheg1 p4 #dfb4 #ac ,lehrbuch der ,politischen ,oekonomie4 #ad ,sur l',homme et la ,developpement de ses ,facults1 tome i4 ch4 #g4 #ae ,journal des ,economistes1 ,may1 #ahdg4 #af ,,mill1 ,principles of ,political ,economy1 i4 p4 #cdc4 #ag ,,husson1 ,les ,consummations de ,paris1 #ahef4 #ah ,compiled from ,,de ,,jonn,s4 #ai #aj1ibe births2 #fdf still-births4 #bj ,births1 #eb1ech2 still-births1 #bfbd4 #ba ,compiled from ,,quetelet1 ,theory of ,probabilities1 p4 #aeb2 #djf1jgc living births2 #af1gfg still-births4 #bb ,births1 #g1eic1jag2 still-births1 #beg1jfh4 #ahci-da1 #a to #bf2 ,,elliott1 ,hunt's ,merchants' ,magazine1 ,july1 #ahef4 #bc #bjhj still-births4 #bd #bcdi still-births4 #be ,,de ,,jonn,s1 loc4 cit41 p4 #bci4 #bf ,,quetelet1 loc4 cit41 p4 #aeb4 #bg ,register of the ,morgue4 #bh ,,de ,,jonn,s1 loc4 cit41 p4 #aic4 #bi ,report of ,city ,inspector of ,new ,york for #ahdi4 #cj ,city ,inspector's ,report for #ahef4 #ca ,ibid4 #cb ,compiled from ,,quetelet1 loc4 cit41 p4 #aeb4 #cc ,compiled from ,city ,inspector's ,report for #ahee4 #cd ,ibid4 for #ahef4 #ce ,,clay1 ,obstetric ,cyclopedia1 p4 #ba4 #cf ,separate records of the premature births in ,new ,york were not made before this period4 ,they were not rendered in #ahdb2 ,i have therefore omitted in the calculation the still-births of the same year4 ,for a series of the official reports1 ,i am indebted to the present ,city ,inspector1 ,mr4 ,geo4 ,w4 ,morton4 #cg ,report of #ahdi4 #ch ,loc4 cit41 p4 #aie4 #ci ,loc4 cit41 i4 p4 #cdd4 #dj ,ibid41 p4 #cdc4 #da ,med4 ,times and ,gazette1 ,june #ahef1 p4 #faa4 #db ,les ,consummations de ,paris4 #dc ,loc4 cit4 #dd ,,de ,,jonn,s1 loc4 cit41 p4 #aid4 #de ,ibid41 p4 #aie4 #df ,journal des ,economistes1 #ahdg4 #dg ,,mill1 loc4 cit41 i4 p4 #ccf4 ,the italics are my own4 ,i shall hereafter refer back to this passage4 #dh ,ibid41 i4 p4 #dag4 #di ,essay on ,population4 #ej ,,mill1 loc4 cit41 i4 p4 #dag4 #ea ,travels of ,anacharsis1 v4 p4 #bgj4 #eb ,ibid41 iv4 p4 #cdb4 #ec ,satires1 vi41 v4 #eib4 #ed ,amor41 lib4 #b42 ,herodes1 epist4 #b4 #ee ,,reeve's ,apologies4 #ef ,,blaquiere1 ,letters from the ,med41 pp4 #ij1 #ahd2 ,,slade1 ,records of ,travels1 ii4 p4 #afb4 #eg ,,barrow1 ,travels in ,china1 p4 #aac2 ,,de ,,pauw1 ,philosoph4 ,dissert2 ,,medhurst1 ,china1 c41 p4 #de2 ,,smith1 ,exploratory ,visit1 c41 i4 p4 #ec4 #eh ,,golownin1 ,memoirs of a ,captivity1 iii4 p4 #bbb4 #ei ,,moor1 ,hindoo ,infanticide1 p4 #fc2 ,,buchanan1 ,christian ,researches in ,asia1 p4 #di2 ,,ward1 ,view of the ,history1 c41 of the ,hindoos1 p4 #cic4 #fj ,for a long list of authorities on these points1 see ,,beck1 ii4 p4 #chi1 et seq4 #fa ,belgium4 #fb ,local exceptions to this general rule will of course be found to exist1 as is always the case with laws based on mere statistics1 especially1 as here1 where reports to the registry are liable1 for evident reasons1 to be withheld4 ,thus it appears from ,dr4 ,jewell's collections 7this ,journal1 ,march1 #aheg1 p4 #bgg17 that the proportion of still-births in ,philadelphia was1 in #ahef1 only #a in #iac to the total population1 and #a in #bj4a to the general mortality1 against which evidence must be placed that which we subsequently furnish from ,prof4 ,hodge4 #fc ,,mss4 ,letter from ,city ,registrar1 ,march #bf1 #aheg4 #fd ,,chickering1 ,comparative ,view of the ,population of ,boston1 #ahej4 ,city ,document1 ,no4 #fj1 p4 #dd4 #fe ,twelfth ,registration ,report to the ,legislature of ,massachusetts1 #ahec1 p4 #aaf4 ,the truth of this statement has been corroborated by ,dr4 ,curtis1 in his ,report on the ,census of ,boston in #ahee4 ,city ,document1 #ahef1 p4 #bb4 ,also1 ,fifteenth ,state ,registration ,report1 #ahef1 p4 #agi4 #ff 8,had the rate of the annual increase of the numbers living under the age of five 7#c4ac per cent47 resulted entirely from the increase of births in a permanent population1 the number of births of #ahee 7in the districts where the ratio of the registered deaths to the population was greater than one to sixty-three1 #aff of the #cca towns7 would have been #bd1deg1 instead of #bc1dha1 the number registered4 ,on the other hand1 had the increase resulted wholly from migration1 7the annual number of births in the permanent population being constant17 the number of births would have been only #bb1ief4 ,the number of births registered is somewhat nearer the latter than the former of these two values4 8,assuming the correctness of the births1 deaths1 and population1 in the selected districts1 it appears that #ce per cent4 of the increase of the population under the age of five was due to births in the permanent portion of the population1 and #fe per cent4 due to the movement of the migratory portion2 also1 that #ch per cent4 of the increase of population at all ages was due to excess of births over deaths1 leaving #fb per cent4 to be accounted for by excess of immigration over emigration40--,,elliott1 ,the ,laws of ,human ,mortality in ,massachusetts2 ,proceedings of ,am4 ,assoc4 for ,adv4 of ,science1 ,montreal1 #aheg1 p4 #eg4 #fg ,,chickering1 loc4 cit41 p4 #di4 #fh ,the tables now presented1 we have compiled from the fifteen published ,registration ,reports of the ,state of ,massachusetts4 ,advance sheets of the ,sixteenth ,report have kindly been furnished me while this article is passing through the press1 by the compiler1 ,dr4 ,josiah ,curtis1 of ,boston4 ,the premature births for #ahef and #aheg are not given in the reports for those years1 so that ,i cannot extend my calculations beyond #ahee4 ,deductions from the still-births at the full time1 which are alone given in the years referred to1 are of course useless for the present inquiry4 #fi ,births1 #bg1ffd2 population1 #iid1ffe4 #gj ,births1 #cb1hde2 population1 #a1acb1cfi4 #ga ,total births at full time1 #cb1hde2 living births at full time1 #cb1abj4 ,ftal deaths1 #bjfd2 still1 at full time1 #gbe2 premature1 #acci4 #gb ,total deaths1 including #adfb ftal1 #ai1dfa4 #gc ,total deaths1 including #bjfd ftal1 #ba1ebc4 #gd ,births at full time1 #aed1bde2 premature1 #ehii4 #ge ,fourteenth ,registration ,report1 #ahee4 #gf ,fourteenth ,registration ,report1 #ahee4 #gg ,in the above remarks we must not be misunderstood4 ,we believe ,massachusetts no worse with regard to abortion than many other portions of the country1 but that its registration is conducted with greater care4 ,from the statistics given it may easily be surmised what the amount of this crime must be elsewhere4 ,it is necessarily of infinitely more common occurrence than infanticide1 the murder of children after birth1 for proof of the frequency of which1 at the present moment1 in ,great ,britain1 we refer to ,dr4 ,burke ,ryan's ,fothergillian ,essay on the subject in the ,london ,sanitary ,review for last ,july1 and to the ,london ,lancet of corresponding date4 #gh ,as1 for instance1 in the regularly progressive series of deaths and births1 as compared with the population2 constant1 also as compared with each other3--,population of ,massachusetts3 by census of #ahej1 #iid1ffe2 #ahee1 #a1acb1cfi4 ,deaths3 #ahea1 #ah1icd2 #aheb1 #ah1dhb2 #ahec1 #bj1cja2 #ahed1 #ba1dad2 #ahee1 #bj1gih4 ,births3 #ahea1 #bh1fha2 #aheb1 #bi1hjb2 #ahec1 #cj1ibj2 #ahed1 #ca1iig2 #ahee1 #cb1hde4 #gi ,reports of ,attorney-,general of ,massachusetts1 from #ahdi to #aheh4 ,state ,documents4 #hj ,comptes ,rendus ,annuels de la ,justice ,criminelle4 #ha ,introductory ,lecture1 #ahed1 p4 #ag4 #hb ,report to ,suffolk ,dist4 ,med4 ,society1 ,may1 #aheg2 ,new ,york ,med4 ,gazette1 ,july1 #aheg1 p4 #cij2 ,n4 ,h4 ,journal of ,medicine1 ,july1 #aheg1 p4 #baa4 #hc ,loc4 cit41 p4 #cac4 #hd ,the ,law of ,population1 #ahcj4 #he ,,hume1 ,essays1 vol4 i4 ,no4 xi41 p4 #dca4 #hf tudes sur l'conomie ,politique2 ,nouveaux ,principes d'conomie ,politique4 #hg ,loc4 cit41 ii4 p4 #bec4 #hh ,ibid41 i4 p4 #dea4 ,an opinion to the same effect1 italicized1 has already been quoted4 #hi ,ibid41 ii4 pp4 #caf1 #cag4 #ij ,ibid41 i4 p4 #deb1 foot-note4 #ia ,ibid41 i4 p4 #ddg4 #ib ,nouveaux ,principes1 c41 liv4 vii4 ch4 #e4 #ic ,medical ,ethics1 p4 #gi4 #id ,since our last article1 the report of the ,committee appointed in #aheh to investigate the ,health ,department of the ,city of ,new ,york has appeared1 and we find that our statements regarding the frequency of the crime in the metropolis are fully corroborated4 ,not merely are additional official statistics on this point given 7pp4 #ahb1 #ahc71 but valuable testimony from ,drs4 ,griscom 7pp4 #be1 #cj71 ,mc,nulty 7p4 #ee71 ,francis 7p4 #fd71 and ,bulkley 7p4 #acc74 ,dr4 ,reese's paper on ,infant ,mortality1 republished by the ,committee 7pp4 #ij-ajj71 from the ,transactions of the ,american ,medical ,association for #aheg1 also contains incidental reference to the frequency of abortion1 and for its direct and earnest dealing with the subject deserves unqualified commendation4 ,in this connection we would call attention to the evidence of the extent of the crime in ,boston1 afforded since our own remarks upon that point were in type1 by ,dr4 ,walter ,channing4 7,boston ,med4 and ,surg4 ,journal1 ,march #ag1 #ahei47 #ie ,annales d',hygine ,publique1 #ahef1 p4 #abb4 #if ,les ,consummations1 etc4 #ig ,comptes ,rendus ,annuels1 etc4 #ih ,,mayer1 ,des ,rapports ,conjugaux1 considrs sous le triple point de vue de la population1 de la sant et de la morale publique4 ,paris1 #aheg4 #ii ,,cangiamila1 ,embryologia ,sacra1 p4 #ae4 #ajj ,in verification of this statement ,i am enabled to quote from the last authorized edition of the ,canon ,laws of the ,church of ,rome4 8,omnes1 qui aborts seu fts immaturi1 tam animati quam inanimati1 formati vel informis1 ejectionem procuraverint1 pnas propositas et inflictas tam divino quam humano jure1 ac tam per canonicas sanctiones et apostolicas constitutiones quam civilia jura adversus veros homicidas incurrere1 hc nostr perpetuo valitur constitutione statuimus et ordinamus40 ,,reiffenstuell1 ,jus ,canonicum ,universum1 tome iii4 ,paris1 #ahed4 #aja ,decreta ,synodi plenari ,episcoporum ,hiberni1 apud ,thurles habit anno #ahej4 ,art4 de ,baptismo1 p4 #bj4 #ajb ,dublin ,review1 ,april1 #aheh1 p4 #ajj4 #ajc ,,deventer1 #agcd1 p4 #cff2 ,,sterne1 ,tristram ,shandy1 p4 #ed2 ,med4 ,times and ,gazette1 ,aug41 #aheh1 p4 #aif4 ,though the fact of this decision has been doubted1 it is nevertheless strictly true4 ,through the kindness of ,bishop ,fitzpatrick ,i have been favored with a copy of ,,barry's ,medico-,christian ,embryology1 as presenting upon this point the authorized and generally received doctrine of the ,catholic ,church4 ,i quote the following from the chapter 8,on ,baptism in ,impracticable and ,difficult ,labors30 8,in case of impacted head and at all times that one is obliged to apply the forceps1 whether at one of the straits or in the pelvic excavation1 it becomes necessary to baptize the child on the part which presents at the uterine orifice after the rupture of the bag containing the waters4 8,in order to baptize the child1 a syringe charged with natural water may be used4 ,if this be not at hand1 a person may use a sponge1 or a linen or cotton rag1 wetted with water1 which is to be carried to the child by the fingers1 a pair of forceps1 or any other suitable contrivance1 and then squeezed or pressed on the surface of the part presenting40 7,loc4 cit41 p4 #de47 8,any person1 whether man1 woman or child1 may baptize an infant when in danger of death40 7,ibid41 p4 #gf47 ,if the facts now stated should be generally known and acted upon by the profession1 hundreds of lives1 infant and maternal1 would annually be saved4 #ajd ,,ms4 ,letter1 dated ,nov4 #adth1 #aheh4 #aje ,it is not of course intended to imply that ,protestantism1 as such1 in any way encourages1 or indeed permits1 the practice of inducing abortion2 its tenets are uncompromisingly hostile to all crime4 ,so great1 however1 is the popular ignorance regarding this offence1 that an abstract morality is here comparatively powerless2 and there can be no doubt that the ,romish ordinance1 flanked on the one hand by the confessional1 and by denouncement and excommunication on the other1 has saved to the world thousands of infant lives4 #ajf ,,passot1 ,des dangers de l'avortement provoqu dans un but criminel2 ,gazette ,md4 de ,lyon1 #ahec4 #ajg ,ann4 d',hygine1 #ahef1 p4 #adg4 #ajh ,,dubois and ,,devergie1 ibid41 tome xix4 p4 #dbe2 tome xxxix4 p4 #aeg4 #aji ,ibid4 #aaj ,review of ,,montgomery's ,signs of ,pregnancy2 ,the ,north ,american ,medico-,chirurgical ,review1 ,march1 #aheg1 p4 #bdi4 #aaa ,principles of ,midwifery1 p4 #edg4 #aab ,,baudelocque1 tome i4 p4 #aae2 ,,fodere1 ii4 p4 #ag2 ,,marc1 ,dict4 de ,md41 i4 p4 #bbh2 ,,montgomery1 ,signs of ,pregnancy1 p4 #egh2 ,,devergie1 ,md4 ,lgale1 i4 p4 #bdd4 #aac ,,ryan1 p4 #bfg2 ,,tardieu1 loc4 cit4 #aad ,,clarke1 ,trans4 of ,soc4 for ,impr4 of ,med4-,chir4 ,knowledge1 iii4 p4 #bij2 ,,baudelocque1 i4 p4 #abc1 note2 ,,leroux1 ,trait des ,pertes1 ,obs4 xiii4 p4 #be2 ,,montgomery1 loc4 cit41 p4 #fah4 #aae ,,gardner1 of ,new ,york1 note to ,,tyler ,,smith's ,lectures on ,obstetrics1 p4 #bjc4 #aaf ,am4 ,journ4 of the ,med4 ,sciences1 ,april1 #ahei4 ,in the instance referred to1 the cervix had been deeply and extensively lacerated1 forceps having been used in four previous labors2 while depressions existing between the old cicatrices and half filled and ragged with clots1 were decidedly suggestive of punctured wounds4 ,the true nature of the case was rendered evident by its past history1 and corroborated by the fact that the patient was a ,catholic2 the latter being a point to which ,i am inclined to attach much importance1 for reasons already given4 #aag ,practical ,treatise1 p4 #bge4 #aah ,,ryan1 ,med4 ,jurisprudence1 p4 #bhb4 #aai ,,roscoe1 ,law of ,evidence1 #bdb4 #abj ,,archbold1 ,crim4 ,pleading1 #dia2 #a ,,hale1 #dee4 #aba ,,davis1 ,crim4 ,justice1 #dhb4 #abb ,,davis1 ,crim4 ,justice1 #dhc4 #abc ,reg4 v4 ,haynes2 ,reg4 v4 ,goodall2 ,rex v4 ,phillips4 #abd ,med4 ,times and ,gazette1 ,jan41 #ahef1 p4 #faa4 #abe 8,this operation must not on any account be undertaken without the sanction1 and in the presence1 of another practitioner40--,,clay1 ,hand-book of ,obstetric ,surgery1 p4 #ac4 #abf #a ,,gabbett1 ,cr4 ,law1 #ebc4 #abg ,loc4 cit4 #abh ,,chevalier and ,,devergie1 ,ann4 d',hyg41 #ahef1 p4 #aeg4 #abi ,med4 ,jurisp42 ,griffith's ed41 p4 #dgb1 ,hartshorne's ed41 p4 #cgh4 #acj ,,tardieu1 loc4 cit41 #ahef1 p4 #abd4 #aca ,a ,woman's ,thoughts about ,women4 ,by the author of 8,john ,halifax1 ,gentleman40 #aheh1 p4 #ad4 #acb ,loc4 cit4 #acc ,ibid4 #acd ,mass4 ,laws of #ahdg1 chap4 #hc4 #ace 8,by imprisonment in the ,state prison1 house of correction1 or common jail1 not more than three years1 or by fine not exceeding one thousand dollars40 #acf ,opera omnia4 ,ed4 #afee1 i41 p4 #fdc4 #acg ,j,,rg of ,leipsic1 who speaks of the human ftus as 8only a higher species of intestinal worm1 not endowed with a human soul1 nor entitled to human attributes40 #ach ,,simpson1 ,obst4 ,works1 i4 pp4 #ceb1 #djd4 #aci ,boston ,med4 and ,surg4 ,journal1 ,january1 #aheg1 p4 #dfb4 #adj ,the immorality of craniotomy1 where delivery can be effected by any other method1 is gradually becoming acknowledged in ,great ,britain4 ,a late discussion on this subject1 at the ,obstetric ,society of ,london1 is reported in the ,medical ,times and ,gazette for ,february1 #ahei4 #ada ,,clay1 ,obstetric ,surgery1 p4 #fh4 #adb ,,sinclair and ,,johnston1 ,practical ,midwifery1 #aheh4 #acj cases of craniotomy in #ac1gdh labors4 #adc ,,clay1 ,loc4 cit41 p4 #fi4 #add ,the subject of justifiable craniotomy has of late been ably though controversially discussed by an anonymous writer 7,dublin ,review1 ,april and ,october1 #aheh17 and ,dr4 ,churchill 7,dublin ,quarterly ,journal of ,medical ,science1 ,august and ,november1 of the same year74 ,care must be taken1 lest in assenting to the decided and imperative necessity of the operation in certain cases1 and by a natural professional sympathy1 too great frequency is not allowed to this most horrible and appalling of all the operations to which as physicians we can ever be called4 #ade ,review of ,,clay's ,obstetric ,surgery2 ,boston ,med4 and ,surg4 ,journal1 ,november1 #ahef1 p4 #bhc4 #adf ,theory and ,practice of ,midwifery1 p4 #cdh4 #adg ,de jure vit et necis quod competit medico in partu4 ,heidelberg1 #ahbf4 #adh 8,where one only can by any possibility be preserved1 the female herself may use her right of self-preservation and choose whether her own life or that of her child shall fall a sacrifice40 ,,guy1 ,principles of ,forensic ,medicine1 p4 #ade4 #adi ,guy's ,hospital ,reports1 #ahef1 p4 #ab4 #aej ,dublin ,quarterly ,journ4 of ,med4 ,science1 ,august1 #aheh1 p4 #aj4 #aea ,,radford1 ,british ,record of ,obst4 ,medicine1 #ahdh1 p4 #hd4 #aeb ,the rules of the ,catholic ,church upon this point have been already referred to4 ,suffice it to say1 further1 that while they enjoin the ,csarean and vaginal sections1 in preference to craniotomy and in cases of extra-uterine ftation1 yet turning1 the use of forceps1 and the induction of premature labor1 where such are indicated1 are distinctly allowed by them4 ,,barry1 ,medico-,christian ,embryology1 pp4 #da1 #dd1 #de1 #fj4 #aec ,guy's ,hosp4 ,reports1 #ahef1 p4 #d4 #aed ,for a full discussion of the respective merits of the several methods instanced above1 see ,,simpson1 loc4 cit41 i4 p4 #gch4 ,i have lately contrived an instrument very similar to one not long since proposed by ,spencer ,wells for dilatation of the female urethra1 which by a simple combination of the three principles involved1 will probably prove of material service in the induction of premature labor4 ,it may be called the uterine dilator1 as it possesses many advantages over expansible tents for all cases of uterine disease where dilatation is necessary1 either for diagnosis or treatment4 ,a description of the instrument1 and of its first application to obstetric practice1 is published in the current number of the ,american ,journal of the ,medical ,sciences4 #aee ,bulletin de l',acadmie1 xvii4 p4 #cfd4 #aef ,british ,record1 etc41 p4 #hb4 #aeg ,i have elsewhere discussed this subject2 ,american ,journal of the ,medical ,sciences1 ,january1 #ahei4 #aeh ,enchiridion ,medicum1 p4 #eaj4 #aei ,question d',embryologie ,mdicale1 etc42 ,revue de l',amrique et de l',ouest1 #ahdf4 #afj ,,joan4 ,,riolan41 ,anthropographia1 lib4 vi4 cap4 vii4 p4 #ehi4 #afa ,,churchill1 ,dublin ,quarterly ,journ4 of ,med4 ,science1 ,august1 #aheh1 p4 #bb4 #afb ,a case in point has been reported by the writer2 ,amer4 ,journ4 of the ,med4 ,sciences1 ,april1 #ahei4 #afc ,reports to the ,suffolk ,dist4 ,med4 ,society of ,massachusetts1 #aheg1 and to the ,american ,medical ,association1 #ahei4 #afd 8,it would in my opinion10 says ,ramsbotham1 referring to the nature of ftal existence1 8be much better not to endeavor to explain the secrets of nature1 so deeply hidden40--7,obst4 ,medicine and ,surgery1 p4 #cji47 ,this belief seems still1 in practice1 very widely entertained4 #afe ,,clay1 ,obstetric ,retrospect1 ,march1 #ahdh1 p4 #dd4 #aff ,medical ,communications of the ,mass4 ,med4 ,soc41 #aheh1 p4 #gg4 ,the writer having been a member of this committee1 here enters1 as he has already done by letter to the councillors of the ,society1 his earnest protest against the plainly erroneous opinion avowed in that report1 which was presented and accepted during his absence from the ,state4 ,by the laws of ,massachusetts1 the offence is considered as mainly against the person of the mother4 ,in case of her death1 already sufficiently provided for at common law1 convictions can be effected1 with great difficulty1 under the statute1--as has twice occurred the present year1 in the cases of ,jackson and ,brown2 but hardly otherwise4 #afg ,in this connection honorable mention is due ,drs4 ,,tatum and ,,joynes1 of ,virginia1 for their papers on 8,the ,attributes of the ,impregnated ,germ10 and 8,some of the ,legal ,relations of the ,ftus in ,utero0 7,virginia ,medical ,journal1 #ahef47 ,through the agency of the latter of these gentlemen1 an important modification has been made in the law of the ,state2 as has also been effected in ,wisconsin1 by ,dr4 ,,brisbane4 #afh ,for valuable information in this connection1 ,i am indebted to many friends1 more particularly to ,drs4 ,,thayer1 of ,new ,hampshire1 ,,phelps1 of ,vermont1 ,,chas4 ,,hooker1 of ,connecticut1 ,,blatchford1 of ,new ,york1 ,,wood1 of ,pennsylvania1 ,,thompson1 of ,delaware1 ,,wroth1 of ,maryland1 ,,brainard1 of ,illinois1 ,,cameron1 of ,indiana1 ,,leland1 of ,michigan1 ,,le ,,boutillier1 of ,minnesota1 ,,brisbane1 of ,wisconsin1 ,,pope1 of ,missouri1 ,,hoyt1 of ,tennessee1 ,,haxall and ,,joynes1 of ,virginia1 ,,semmes1 of ,district of ,columbia1 ,,dickson1 of ,north ,carolina1 ,,lopez1 of ,alabama1 ,,barton1 of ,louisiana1 7now of ,south ,carolina17 and to my relatives1 ,,woodbury and ,,bellamy ,,storer1 ,esqrs41 of ,maine and ,ohio1 and ,,james ,m4 ,,keith1 ,esq41 of ,boston1 late ,district-,attorney for ,norfolk and ,plymouth ,counties4 ,in every instance1 however1 verification of the statutes has been made from copies in the ,state ,library of ,massachusetts4 #afi ,,davis1 ,criminal ,justice1 p4 #dhb4 #agj #a ,commentaries1 #abi4 #aga ,ibid4 #agb #dc ,george ,,iii41 c4 #eh4 #agc #i ,geo4 ,,iv41 c4 #ca2 #aj ,geo4 ,,iv41 c4 #cd4 #agd #g ,william ,,iv42 #a ,vict41 c4 #he4 #age ,to this list may also be added the ,territory of ,washington4 #agf ,the ,territory of ,kansas belongs to the above group4 #agg ,compiled ,statutes of ,connecticut1 #ahed1 p4 #cjg4 #agh ,revised ,code of ,mississippi1 #aheg1 chap4 #fd1 p4 #fja4 #agi ,digest of ,statutes of ,arkansas1 #ahdh1 chap4 #ea1 p4 #cbe4 #ahj ,revised ,statutes of ,minnesota1 #ahea1 chap4 #ajj1 p4 #dic4 #aha ,statutes of ,oregon1 #ahee1 chap4 #c1 p4 #caj4 #ahb ,revised ,statutes of ,maine1 #aheg1 chap4 #abd1 p4 #fhe4 #ahc ,the above should evidently read 8the first two sections10 to be possible4 #ahd ,compiled ,statutes of ,new ,hampshire1 #ahec1 chap4 #bbg1 p4 #edd4 #ahe ,revised ,statutes of ,new ,york1 #aheb1 ii4 pp4 #hdg1 #hgf4 ,the last section of this statute does not require proof of pregnancy4 #ahf ,revised ,statutes of ,ohio1 #ahed1 chap4 #afb1 p4 #bif4 #ahg ,compiled ,laws of ,michigan1 #aheg1 vol4 ii4 chap4 #ahj1 p4 #aeji4 ,the statute of the ,territory of ,,washington is very similar to those above4 8,every person who shall administer to any woman pregnant with a quick child1 any medicine1 drug1 or substance whatever1 or shall use or employ any instrument1 or other means1 with intent thereby to destroy such child1 unless the same shall have been necessary to preserve the life of such mother1 shall1 in case the death of such child or of such mother be thereby produced1 on conviction thereof1 be imprisoned in the penitentiary not more than twenty years1 nor less than one year4 8,every person who shall administer to any pregnant woman1 or to any woman whom he supposes to be pregnant1 any medicine1 drug1 or substance whatever1 or shall use or employ any instrument1 or other means1 thereby to procure the miscarriage of such woman1 unless the same is necessary to preserve her life1 shall1 on conviction thereof1 be imprisoned in the penitentiary not more than five years1 nor less than one year1 or be imprisoned in the county jail not more than twelve months1 nor less than one month1 and be fined in any sum not exceeding one thousand dollars40 ,statutes of the ,territory of ,washington1 #ahee1 p4 #ha4 #ahh ,compiled ,statutes of ,vermont1 #ahej1 chap4 #ajh1 p4 #efj4 #ahi ,supplement to the ,revised ,statutes of ,massachusetts1 #ahdi1 p4 #cbb4 #aij ,statutes of ,illinois1 #aheh1 vol4 i4 p4 #cha4 #aia ,revised ,statutes of ,wisconsin1 #aheh1 chap4 #afi1 sect4 #eh4 ,it will be noticed that the second section of the above statute differs from the first1 in not requiring the proof of pregnancy4 #aib ,code of ,virginia1 #ahdi1 chap4 #aia1 p4 #gbd4 #aic ,revised ,statutes of ,missouri1 #ahef1 i4 chap4 #ej1 p4 #efg4 #aid ,code of ,alabama1 #aheb1 sect4 #cbcj1 p4 #ehb4 #aie ,revised ,statutes of ,louisiana1 #ahef1 p4 #ach4 ,by its wording1 this statute might be forced into the next division4 #aif ,i insert this clause not merely for its relation to the points we are now considering1 but for its important bearing on the broad question of infanticide during labor2 concerning which it stands in bold and direct antagonism to all the rulings of the common law in this country and abroad4 ,in other respects also1 though not faultless1 the ,texas statute is rationally and admirably drawn4 #aig ,penal ,code of ,texas1 #aheg1 p4 #ajc4 #aih ,digest of ,laws of ,california1 #aheg1 art4 #aije1 p4 #ccd4 ,the statute of the ,territory of ,,kansas1 similar to the above1 is as follows3-- 8,every physician or other person who shall willfully administer to any pregnant woman1 any medicine1 drug1 or substance whatever1 or shall use or employ any instrument or means whatsoever1 with intent thereby to procure abortion1 or the miscarriage of any such woman1 unless the same shall have been necessary to preserve the life of such woman1 or shall have been advised by a physician to be necessary for that purpose1 shall1 upon conviction1 be adjudged guilty of a misdemeanor1 and punished by imprisonment in a county jail not exceeding one year1 or by fine not exceeding five hundred dollars1 or by both such fine and imprisonment40 ,statutes of ,kansas1 #ahee1 chap4 #dh1 p4 #bdc4 #aii ,we have already commented upon the phraseology of the ,louisiana statute4 ,the latitude of its first clause is shown by the context to have been unintentional1 and therefore hardly justifies a change in its classification4 ,the second section of the ,statute of ,washington ,territory1 however1 is closely analogous to that now given2 while the final sections of the statutes both of ,new ,york and ,wisconsin1 which make it penal for a woman voluntarily to effect or submit to the unjustifiable induction of abortion1 are equally silent regarding proof of the existence of pregnancy4 #bjj ,revised ,statutes of ,indiana1 #aheb1 p4 #dcg4 #bja ,rex vs4 ,phillips1 #c ,,campbell1 #gg2 ,,russell1 ,crim4 ,law1 #eec-d2 #a ,,gabbett1 ,crim4 ,law1 #ebb2 #a ,,bishop1 ,crim4 ,law1 #chf4 #bjb ,state vs4 ,cooper1 #b ,,zabriskie1 #eb1 #eg2 ,rex vs4 ,russell1 #a ,,moody1 #cef1 #cfj4 #bjc ,regina vs4 ,wycherley1 #h ,,carrington and ,,payne1 #bfe4 #bjd ,the ,people vs4 ,jackson1 #c ,,hill1 ,n4 ,y4 ,reports1 #ib2 ,,wharton1 ,criminal ,law1 #ih4 #bje ,,davis1 ,crim4 ,justice1 #dhd4 #bjf ,,wharton1 ,amer4 ,crim4 ,law1 #dbd4 #bjg ,,wharton1 ,amer4 ,crim4 ,law1 #ge4 #bjh ,the ,state vs4 ,vawter1 #g ,,blackford1 #eib4 #bji #a ,,gabbett1 ,crim4 ,law1 #ebc2 ,,archbold1 ,p4 ,a41 lxx1 #b4 #baj ,,roscoe1 ,l4 ,e41 #bdb2 ,eng4 ,com4 ,l4 ,rep41 xxv4 #dec2 ,rex vs4 ,coe1 #f ,,car4 ,p41 #djc2 ,vaughan1 #ac4 #baa #a ,,bishop1 ,crim4 ,law1 #ebg4 #bab ,in ,massachusetts1 though the statute is silent on these points1 it is asserted that whenever a potion is given1 or other means are used1 by 8a surgeon10 for the purpose of saving the life of the woman1 the case is free of malice1 and has a lawful justification4 ,,davis1 ,crim4 ,justice1 #bhb2 ,report of the ,criminal ,law ,commissioners1 #ahdd1 ,causing ,abortion1 ,i41 note a4 #bac ,after a little reflection1 it will be seen that this word is not so open to objection as might at first be supposed4 #bad #a ,,russell1 ,crimes1 #fga2 #a ,,vesey1 #hf2 #c ,,coke1 ,inst41 #ej2 #a ,,hawkins1 ,c4 ,b41 s4 #af2 #a ,,hale1 #dcd2 #a ,,east1 ,p4 ,c41 #ij2 #c ,,chitty1 ,crim4 ,law1 #gih2 ,,wharton1 ,crim4 ,law1 #ecg4 #bae ,,davis1 ,crim4 ,justice1 #dhf4 #baf ,,archbold1 ,crim4 ,pleading1 #dij4 #bag ,regina vs4 ,trilloe1 #b ,,moody1 ,c4 ,c41 #bfj1 #dac4 #bah ,the ,state vs4 ,cooper1 #b ,,zabriskie1 #eb2 ,,hanes1 ,u4 ,s4 ,digest1 #e4 #bai ,the ,commonwealth vs4 ,parker1 #i ,,metcalf1 #bfc2 ,the ,commonwealth vs4 ,bangs1 #i ,mass41 #chg2 ,the ,state vs4 ,cooper1 #b ,,zabriskie1 #eg2 ,,hanes1 ,u4 ,s4 ,digest1 #e2 ,smith vs4 ,state1 #cc ,,maine1 7#c ,,red47 #dh4 #bbj ,,bishop1 ,crim4 ,law1 #chf2 ,mills vs4 ,the ,commonw41 #a ,,harris1 ,pa41 #fca1 #fcc4 #bba ,,wharton1 ,crim4 ,law of the ,u4 ,s41 #ecg4 #bbb #a ,,russell1 ,crimes1 #ffa2 #a ,,vesey1 #hf2 #c ,,coke1 ,inst41 #ej2 #a ,,hawkins1 c4 #ac1 s4 #af2 ,,bracton1 #a4 #c1 c4 #ba4 #bbc ,,bac4 ,ab41 tit4 ,infants4 #bbd #b ,,vernon1 #gaj4 #bbe ,doe vs4 ,clark1 #b ,h4 ,bl41 #cii2 #b ,,vesey1 jr41 #fgc2 ,thellusson vs4 ,woodford1 #d ,,vesey1 #cdj2 ,swift vs4 ,duffield1 #f ,,serg4 ,,rawle1 #ch4 #bbf ,,fearne1 #dbi4 #bbg #b ,,vernon1 #gaj2 ,the ,commonwealth vs4 ,demain1 #f ,penn4 ,law ,journ41 #bi2 ,,brightly1 #dda4 #bbh #a ,,hale1 #ij2 ,the ,commonw4 vs4 ,chauncey1 #a ,,ashmead1 #bbg2 ,smith vs4 ,state1 #cc ,,maine1 7#c ,,red47 #dh4 #bbi ,ibid42 ,,hanes1 ,u4 ,s4 ,digest1 #e4 #bcj ,,wharton1 ,law of ,homicide1 #dd4 #bca ,the ,commonw4 vs4 ,parker1 #i ,,metcalf1 #bfc1 #bfe2 ,,davis1 ,crim4 ,justice1 #bha4 #bcb #a ,,blackstone1 #abi2 ,rex vs4 ,senior1 #a ,,moody1 ,c4 ,c41 #cdf2 #c ,inst41 #ej2 ,,wharton1 ,c4 ,l41 #ecg2 ,ibid41 ,law of ,homicide1 #ic4 #bcc ,rex vs4 ,west1 #b ,,carr4 ,,kir41 #ghd2 #a ,,bishop1 ,c4 ,l41 #bee2 ,,wharton1 ,law of ,homicide1 #ic4 #bcd ,rex vs4 ,scudder1 #a ,,moody1 #baf1 #c ,,car4 ,p41 #fje1 overruling ,rex vs4 ,phillips1 #c ,,campbell1 #gc2 ,,russell1 ,cr41 #gfc1 note4 #bce ,if made without her consent8 #bcf ,regina vs4 ,goodchild1 #b ,,car4 ,,kir41 #bic2 ,rex vs4 ,goodhall1 #a ,,den4 ,c4 ,c41 #ahg2 #c ,,campbell1 #gf4 #bcg #a ,,bishop1 ,crim4 ,law1 #eah4 #bch #a ,,bishop1 ,crim4 ,law1 #che4 #bci ,,wharton1 ,crim4 ,law1 #eda4 #bdj #a ,,harris1 ,pa41 #fca1 #fcc4 #bda ,,lee1 ,note to ,guy's ,principles of ,forensic ,medicine1 p4 #acd4 #bdb ,,beccaria1 ,crimes and ,punishments1 #ajd4 #bdc 8,an efficient1 and practical remedy for the prevention of this crime would be a law requiring the causes of death to be certified by the physician in attendance1 or where there has been no physician1 by one called in for the purpose4 ,in this way the cause of death1 both in infants and mothers1 could be traced to attempts to procure abortion4 ,in three cases which occurred in ,boston1 in #ahee1 the death was reported by friends to be owing to natural causes1 and in each it was subsequently ascertained that the patient died in consequence of injuries received in procuring abortion4 ,it is probable that such cases are by no means rare2 and if the cause of death were known1 an immediate investigation might lead to the detection of the guilty party40 7,boston ,med4 and ,surg4 ,journal1 ,dec41 #aheg1 p4 #cfe47 #bdd ,register of the ,morgue4 #bde ,from #ahdf to #ahej1 #ahh cases of criminal abortion were discovered in ,paris1 but for want of proof1 only #bb of them were sent to trial4 7,comptes ,rendus ,ann4 de la ,justice ,criminelle47 #bdf ,report on the ,medico-legal duties of ,coroner4 #aheg4 #bdg ,,radford1 ,british ,record of ,obstetric ,medicine1 vol4 i4 p4 #ee4 #bdh ,,wharton1 ,criminal ,law1 #edj4 #bdi ,smith vs4 ,the ,state1 #cc ,,maine1 7#c ,,red47 #dh4 #bej ,rex vs4 ,phillips2 ,regina vs4 ,goodall2 ,reg4 vs4 ,haynes1 etc4 #bea ,,taylor1 ,med4 ,jurisprudence1 p4 #chf4 #beb ,,percival1 ,medical ,ethics1 p4 #hd4 #bec ,ibid41 p4 #he4 #bed ,loc4 cit41 article #cag4 #bee ,report to ,suffolk ,district ,med4 ,society1 ,may1 #aheg1 p4 #ab4 #bef ,in this connection1 ,i cannot too strongly deprecate a practice that has lately been proposed1 the detection1 namely1 of the early existence of pregnancy by the administration of ergot4 7,boston ,med4 and ,surg4 ,journal1 ,april1 #ahei1 p4 #aig47 ,the use of ergot for this purpose1 in however small a dose1 would seem utterly unjustifiable4 #beg ,fifteenth ,massachusetts ,registration ,report1 #aheg1 p4 #aii4 #beh ,,quetelet1 ,theory of ,probabilities1 p4 #bcd4 #bei ,new ,york ,med4 ,gazette1 ,editorial2 ,london ,medical ,times and ,gazette1 #ahej1 p4 #dhg4 #bfj ,boston ,med4 and ,surg4 ,journal1 ,editorial1 #ahee1 p4 #daa4 #bfa ,,dean1 ,medical ,jurisprudence1 p4 #aci4 #bfb ,boston ,med4 and ,surg4 ,journal1 ,editorial1 ,dec4 #ac1 #ahee4 #bfc ,american ,medical ,gazette1 ,editorial1 ,july1 #aheg1 p4 #cij4 #bfd ,ibid41 ,april #ahei1 p4 #bhi4 #bfe ,maine ,med4 and ,surg4 ,reporter1 ,editorial1 ,june1 #aheh1 p4 #ci4 #bff ,,deville1 ,researches on the proportion of still-born children compared with the mortality of the ,city of ,paris during the thirteen years1 #ahdf-eh4 ,memoirs of the ,french ,academy1 #ahei4 #bfg ,new ,hampshire ,journal of ,medicine1 ,editorial1 ,july1 #aheg1 p4 #baf4 #bfh ,london ,lancet1 ,editorial1 ,july1 #aheh1 p4 #ff4 #bfi ,,tatum1 ,virginia ,med4 ,journal1 ,june1 #ahef1 p4 #deg4 #bgj ,loc4 cit41 p4 #ai4 #bga ,the ,councillors of the ,massachusetts ,medical ,society4 ,proceedings of the ,society1 #aheh1 p4 #gg4 #bgb ,,phillips1 ,on ,evidence1 i4 p4 #ace2 ,,ryan1 ,medical ,jurisprudence1 p4 #aic2 ,,storer1 ,sen41 ,introductory ,address1 #ahee1 p4 #aj2 ,,simpson1 ,physicians and ,physic1 p4 #ca4 #bgc ,proceedings of the ,society1 #aheh4 #bgd ,man ,transformed4 ,oxford1 #afec4 #bge 8,resolved1 ,that while physicians have long been united in condemning the procuring of abortion1 at every period of gestation1 except as necessary for preserving the life of either mother or child1 it has become the duty of this ,association1 in view of the prevalence and increasing frequency of the crime1 publicly to enter an earnest and solemn protest against such unwarrantable destruction of human life4 8,resolved1 ,that in pursuance of the grand and noble calling we profess1--the saving of human life1--and of the sacred responsibilities thereby devolving upon us1 the ,association present this subject to the attention of the several legislative assemblies of the ,union1 with the prayer that the laws by which the crime of abortion is attempted to be controlled may be revised1 and that such other action may be taken in the premises as they in their wisdom may deem necessary4 8,resolved1 ,that the ,association request the zealous co-operation of the various ,state medical societies in pressing this subject upon the legislatures of their respective ,states1 and that the president and secretaries of the ,association are hereby authorized to carry out1 by memorial1 these resolutions40--,transactions of the ,am4 ,med4 ,association1 #ahei1 vol4 xii4 p4 #ge4