The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-09-26

| year before, on the question "Under what cir
cumstances is the physician justified in pro-
ducing abortion?" After the adoption Of the
report vote was passed nsructing the chair
man of the Committee to prepare resume of
the report, and procure as far as possible lis
publication in all the newspapers of the State
Circumstances having prevented the perform
ance of this duty last year, the Association at
It's annual meeting in June last passed anoth-
er vote to the same effect. r
Inc request is therefore made through you
70 all editors of papers in Maine, so far as they
may DC disposed, to copy into their columns, the
s po.., paper. al Con-.
Portland, Sept. %, 1861.
RESUME OF REpopr. ta. t..
Inc question submitted to your Corn,ni,too
| s Ohder what circumstances is the nh;
cian Justlned In procuring abortion ~
| Abortion may be defined TO be the exnn,.
| sion OF the embryo or felus before the seyenth
month of uterO CESSATION, or before IL is ri
| able.
L. As preliminary consideration of prime
importance Immediately involved in the ques
| ton, we submit that the procuring of abortion
| dt,odys involves the taking of life. In an
cient times, when the science OF physiology
was yet in its infancy the notion was general
| ly entertained that there is no life in the EN-
| bryo prior to the period of 'the quickening.n
| The advance of knowledge has led to the en-
| tire rejection of this idea, and it is now an
established and universally. admitted TACT OF
physiology that life commences mith the gery
| moment of conception.
The law, in various countries, basing itself
| upon the accepted doctrines of physiology.
formerly distinguished between the crimes of
| procuring the miscarriage of women before
| and after quickening. By statute OF Eng
land enacted in 1903, the penalty iu the for
mer case was ito be ined imprisoned, whip
| ped, transported" dc, while the crime i'm the
latter case was punished with DEATH But,
says Chief Justice Tenncy, who kindly fur
| nished TO the Committee the most important
| and interesting paper appended TO their re-
| port, "the distinction in the character OF The
crime founded upon the reference to the
| quickening of the child seems to rest upon no
reasonable grounds, and has been abandoned
| by jurists in all countries where an enlishten-
| ed jurispi piudence exists in practice Judge
Tenney says "the procuring of abortion must
be treated as species OF MURDER" and quotes
Tertullian, Ito Kill a child before it is born is
to commit murder by way of advance"
| Dr. Percival says, 80 eXtinguish the first
| spark OF lille is crime OF the same nature,
both against our Maker and society, as TO de-
| stroy an infant, child or aman"
| III. Oioiei says, ny bndI Dl9nefktnan nu-
| man law, which, though scofied at by many
tongue, is yet acknowledged by every con-
science, the wlliul killing of human being
| at any stage Of its existence, is murder.
Ill. The sole condition in which the physl-
clan is justified in inducing abortion is when
IL is absolutely necessary iR order 10 sdDs NE
| life of the mother.
In his treatment of pregnant women the
| physician is laid under peculiar and doubled
| responsibilities. What he does for tha moth
er may affect the child as well, and he is ever
| bound sacredly to regard the safety OF both
lives. In certain cases he may find himselfbound
to choose between two fearful alternatives, viz,
to sacrifice one lie to save the other, or else
TO see both perish together. In these circum-
stances, by the common judgment of medical
authorities, it becomes his duty TO save the
life Of the mother by destroying that of the
child
The cases, however, in which this question
would present itself for consideration must lie
almost infinitely rare, and when it does arise
no physician, surely, should take upon him.
self the responsibility OF answering it affirrna-
lively alone He should always seek a con
Sultation with che or more OF his brethren.
that the propriety OF lthe course may at least
appear from the coincidence of disinterested
opinions. This much of deliberation and pre-
caution is called for by proper regard alike
for professional honor and the public morals.
After this statement it would seem quite
unnecessary to reject the consideration of
money, often SO lavishly offered as an induce
ment to the physician. 1t coull touch only
the utterly sordid and dishonest. No true
man but would turn from it with loathing as
from "the price OF blood.o hfs G4r
The consideration which most tempts the
kind hearted physician is the sympathy which
he naturally feels for some at least of the par
ties involved in cases in which he is besought
70, oL. I.
cluded the unfortunate and innocent as well as
the yet more unfortunate and guilty
He finds his heart stirred within him, some
times, to its lowest depths of sympathy as Che
curtain is drawn aside and he is made to con
template some scene of sin and sarrow, of
young life forever blasted, OF disgrace thou
sand times more than death entering an hon
orable family, OF fathers, mothers, sisters,
brothers, husbands, wives, ready to sink un-
der weight OF grief and shame which has
fallen upon them suddenly like thunderbolt
from cloudless sky. He is urged by every
consideration OF pity and kindness to interfere
and save the private grief and shame, already
too terrible to be borne, from all the fun ther
aggravatien and agony of rude exposure to the
public gaze.
What can he do? He can pity. He can
suggest the most prudent and advisable meas
ures to be instituted. But it is evident that
natural sympathy, however proper and amia-
bic lh itself, is no reason to justify the physi-
cian In committing a second, and at least
equal crime, to conceal that already perpe-
trated. 1t another has been guilty of break
ing the seventh commandment, he may not
on that account transgress the sixth.
Ill. 1t is an admitted fact that the Grim
in9l practice OF abortion is alarmingiy pleva-
lent at the present time. And the most re-
markable and appalling feature is that it pre-
walls chiefly among married and otherwise G |
spectacle women. 1t is not very unusual O |
hear OF "ladies" boasting to each other of how
many times they have aborted, reckoning
each abortion fortunate escape. And the
reasons given are such as these: Fear of the
pains and perils of childbrtll;. unwlllingness
to incur the discomforts, restraints and cares
incident to the bearing and rearing of chill
oren; that health (eood enough Tor anything
else) Is too poor to admit OF it that they can
not afford it; that they are not competent to
bring up family as it should be done, &c, &C.
Thus for reasons generally frivolous and
mistaken, If not dishonest, the most delicate
and beautiful sentiments OF the human mind
are outraged and destroyed, domestic relation
ships are perverted and spoiled, the higher ,lu-
ties and responsibilities Of life are shirked,
society is defrauded of that increase of mum
bers it has right to expect, yigor of mind
and body is impaired, the moral sensibities |
are bunted, local chronic diseases are mduc.
ed, an unconquerable habit OF aborting is cs-
tablished, and a load OF guilt is accumulated,
which will surely rest at last upon the right
shoulders, however unwilling they may be to
bear it.
The distribution Of responsibility for the |
prevalence of this criminal practice is dill |
cult. Amongst the parties certainly involved !
are not only that low aud despicabie class OF |
individuals, outcasts fiom society," who devote
themselves to this as they would 10 any mean
and wicked work for the sake OF gain, but al
SO the makers and vendors OF specific nos
trums, the authors of Il certain class of books
addressed to married women" 'the Young
OF bothA sexes" "The Unfortunate" &C., the
publishers OF newspapers, botl secular and
religious, who advertise such books and nos
tIums, lawyers and judges who aid or permit
the escape of criminals brought to trial for
this offence, and governors who pardon them
when convicted, and all members of society,
male OF female, who solicit, consent to, or in
any way encourage the practice in any oi its
forms. lA f1g
The medical profession has committed it
self TO a noble stand on this question, but it
must be observed that no one else can pOsSi-
bly, do SO much harm, or incur so fearful a
load OF guilt as a physician in regular and re-
putablc standing who ciandestinely lends
himself to this practice. The American Med
ical Association year ago hastily, and as il |
now appears, uniustly expelled a member on
the mere suspicion of having planned topoi-
sou the water of large city But even had
such thing been done the guilt Of that man
would be hight compared 70 that OF one, who,
y