IX. THE DUTY OF THE PROFESSION.

I have stated that the prevalence of criminal abortion is in great

measure owing to a seeming neglect of fœtal life on the part of medical

practitioners, and that in other degree it is attributable to ignorance

by the community of the actual character of the offence, an ignorance of

physiological facts and laws; and on both these points abundant proof has

been afforded of the truth of my assertions.

I have also stated that medical men, in all obstetric matters, are the

physical guardians of women and their offspring; a proposition that none

can deny.

We have seen that unjustifiable abortion, alike as concerns the infant

and society, is a crime second to none; that it abounds, and is

frightfully on the increase; and that on medical grounds alone, mistaken

and exploded, a misconception of the time at which man becomes a living

being, the law fails to afford to infants and to society that protection

which they have an absolute right to receive at its hands, and for the

absence of which every individual who has, or can exert, any influence in

the matter, is rendered so far responsible.

Under these circumstances, therefore, it becomes the medical profession

to look to it, lest the _whole_ guilt of this crime rest upon themselves.

And, in the first place, it might be asserted with some truth, that such

is indeed the case. For, on the one hand, it was from physicians, as

is proved by early medical literature, that the mistaken notions, both

of the law and of the people, regarding intra-uterine vitality, were

derived; and on the other, the apathy and silence still existing on this

subject among medical men, though thousands and hundreds of thousands of

human lives are thus directly at stake, and are annually sacrificed, can

only be explained on one of two suppositions,—either that we do not yet

really believe in the existence of fœtal life, though professing to do

so, or that we are too timid or slothful to affirm and defend it. By the

one alternative a gross lie seems proved; by the other a degrading and

strange inconsistency.

But, I believe, this apparent negligence proceeds only from ignorance

of the real duty of the profession. It is my aim, while setting forth a

deliberate and carefully prepared opinion upon this point, to inspire, if

possible, in my fellow-practitioners throughout the land, somewhat of the

holy enthusiasm sure in a good cause to succeed despite every obstacle,

and an earnest, uncompromising hostility to this result of combined error

and injustice, the permitted increase of criminal abortion.

Enough has already been said to show that there is need of increased

vigilance on the part of medical men, lest they themselves become

innocent and unintentional abettors of the crime.[256] If, on the other

hand, the community were made to understand and to feel that marriage,

where the parties shrink from its highest responsibilities, is nothing

less than legalized prostitution, many would shrink from their present

public confession of cowardly, selfish and sinful lust. If they were

taught by the speech and daily practice of their medical attendants, that

a value attaches to the unborn child, hardly increased by the accident of

its birth, they also would be persuaded or compelled to a similar belief

in its sanctity, and to a commensurate respect.

But it is asked, is our silence wrong? Is there not danger otherwise of

increasing the crime? These are the questions not of wisdom, or prudence,

or philanthropy, but of an arrant pusillanimity. Vice and crime, if kept

concealed, but grow apace. They should be stripped of such protection,

and their apologists, thereby their accomplices, condemned. Answers,

however, are ready at hand to the questions proposed.

“It is one of the great desiderata of registration, that more

particularity should be observed in collecting facts relating

to the subject of the still-born.”[257]

“Has it been sought,” society demands of the profession, “to

account for the peculiarities relating to the still-born, and

to combat the causes which in certain circumstances swell their

number in so deplorable a manner?”[258]

“An honest and fearless expression of these causes and

circumstances, on the part of medical men, would bring to light

an amount of knowledge that might be useful in checking this

horrible and increasing waste of life.”[259]

“Such an exercise of his knowledge, experience, and true moral

courage, is not only the province, but the conscientious duty

of the physician.”[260]

“It should be constantly borne in mind, that there is here a

high and stern morality, that should stimulate the medical

profession in the exercise of their utmost effort and

ingenuity, with the view to master and disclose the secrets of

these villainous practices; the more villainous, because they

are very generally conceived in fraud, practiced in deception,

upon innocent and unsuspecting victims, and result the most

commonly in the destruction of two lives at once.”[261]

“For ourselves, we have no fear that the truth in reference to

the crime of procuring abortion, would do aught but good. It

would appear that sheer ignorance in many honest people, is the

spring of the horrible intra-uterine murder which exists among

us; why not then enlighten this ignorance? It would be far more

effectually done by some bold and manly appeal, than by the

scattered influence of honorable practitioners alone. Will not

the mischief, by-and-by, be all the more deadly, for delaying

exposure and attempting relief?

“Whatever estimate may attach to our opinion, we believe that

not only ought these things not so to be, but that the public

should know it from good authority.”[262]

“This is a topic which ought to be regarded of the highest

interest to the profession and the public.”[263]

“It is by far the most important subject before the profession,

and in its medical as well as moral bearings, appeals alike to

our patriotism and humanity.”[264]

“We think the public have very erroneous ideas of the turpitude

of this crime, and we deem it our duty, as conservators both

of the public health and morals, to set it in a correct light

before them.”[265]

“The question of criminal abortion is doubtless one of extreme

difficulty; it is not, however, beyond the reach of the

enlightened prudence and the firm will of the authorities. It

is a subject of such vital import to society in general, that

we feel convinced it cannot but awaken the anxious thought of

the persons who, from their position, are entrusted with the

application of the laws and the control of public morals.”[266]

Whoever shall succeed in fixing upon it the attention it

deserves, “has taken a stand in this matter alike creditable to

his head and his heart, and we feel that he will receive the

hearty thanks of every true physician.”[267]

“The increasing prevalence of infanticide,” which is but

rare compared with criminal abortion, “its dangerous moral

influence, the apathy with which so many regard its spread,

and the very considerable difficulty in obtaining conviction,

call loudly for reform. The question is one of national

importance.”[268]

“With this view of the case before us, I suggest it as our

imperative duty to direct the attention of legislators to the

importance of enacting a statute in conformity thereto.”[269]

Such are the confessions, independently given, of high-minded and

honorable medical men. No more can be added, no less would have been

true.

It must be granted, then, that a bold and manly utterance of the truth,

combining as this must, contradiction of the error and denouncement of

the crime, should be made by the members of the profession on every

occasion. By this course it is plain that a healthier moral tone would

be made to prevail in the community, the crime would become of rarer

occurrence, and the laws, such as they are, would be more faithfully

attempted to be enforced.

But it has been shown that the laws on the subject of criminal abortion

are radically imperfect and defective, and that this is attributable,

wholly, to a medical cause. We assert, therefore, that not only is it

the duty of the profession as individual components of society, but more

especially as medical men, to see them amended, and to leave no means

untried, no effort unmade, for the attainment of this end.

“Physicians alone,” says Hodge in his Introductory Address, “can rectify

public opinion, they alone can present the subject in such a manner

that legislators can exercise their powers aright in the preparation

of suitable laws; that moralists and theologians can be furnished with

facts to enforce the truth upon the moral sense of the community, so

that not only may the crime of infanticide be abolished, but criminal

abortion properly reprehended, and that women in every rank and condition

of life may be made sensible of the value of the fœtus, and of the high

responsibility which rests upon its parents.”[270]

It has been stated, indeed publicly avowed by a medical body,[271] that

when a physician “shall become cognizant of any attempt unlawfully to

procure abortion, either by persons in the profession or out of it, it

shall be his duty immediately to lodge information with some proper legal

officer, to the end that such information may lead to the exposure and

conviction of the offender.”

This doctrine is doubtless true to a great extent, but it cannot be

applied to the confidential disclosures of patients themselves, which no

man has a right to reveal, unless constrained by the direct command of

the court, at which, it has been ruled, even professional secrets must be

divulged.[272]

* * * * *

It follows, from the evidence we have now adduced, that if it be the

duty of the profession to urge upon individuals the truth regarding

this crime, it is equally their duty to urge it upon the law, by whose

doctrines the people are bound; and upon that people, the community, by

whose action the laws are made.

And this should be done by us, if we would succeed in suppressing the

crime, not by separate action alone, but conjointly, as the profession,

grandly representing its highest claim,—the saving of human life.

Every step toward this end should be hailed with enthusiasm. The late

action of the State Society of Massachusetts, directly resulting from

professional agitation of the subject, deserves praise and imitation; the

body referred to having passed a series of resolutions to the following

effect: “That the Fellows of the Massachusetts Medical Society regard

with disapprobation and abhorrence all attempts to procure or promote

abortion, except in cases where it may be necessary for the preservation

of the mother’s life; and that no person convicted of such attempt,

can, consistently with its by-laws, any longer remain a fellow of the

society.”[273]

But the mere passage of resolutions in disapproval of this horrible and

so rapidly increasing crime is not sufficient to effect its abatement.

Something more is wanted than the testimony of record books, the

pointless vote of a board of councillors. There must come a hearty,

earnest, and unanimous voice from the mass of the profession; an

assertion that criminal abortion, or at least its permitted commission,

shall no longer exist.

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 life. Let it not be supposed

by the public that there is among us, either in theory or practice, any

disregard of the unborn child. If such impression have already obtained,

from our own negligence, the falsehoods of irregular practitioners, or

otherwise, it should at once be removed. Fœtal life ever is, and ever has

been, held sacred by all respectable physicians, and whenever criminal

abortion has been known to have been advised, perpetrated or abetted by

one claiming our honorable name, he has invariably and at once lost all

professional standing.

We have seen that it is no trifling matter, this awful waste of human

life. It is a subject that demands the best efforts of the whole

profession as a body and as men. The crime, no longer practiced in

secret, must be met boldly; and met with unanimity, it will be met

successfully.

But whether these efforts are to be at once decisive or not, whether

they are to be received with the gratitude of the community or its

disfavor, is no concern of ours. Our duty is very plain; it is to stand,

irrespective of personal consequences, in the breach fast making in

the public morality, decency, and conscience, and, to the best of our

strength, to defend them.

It might be, it very likely would be, for our immediate pecuniary

interest, as a profession, to preserve silence; for we have shown that

abortions, of all causes, tend to break down and ruin the health of the

community at large. But to harbor this thought, even for a moment, were

dishonorable. “I will never set politics against ethics,” said Bacon,

“for true ethics are but as a handmaid to divinity and religion.”

We must take this decided stand, there is no choice; else we are

recreant to the high trust we have assumed, and to ourselves. Whether

the suppression of abortion be effected or no, one thing is certain, our

own hands will have been cleansed of this sea of blood. We shall have

declared our abhorrence and our innocence of the crime.

Longer silence and waiting by the profession would be criminal. If these

wretched women, these married, lawful mothers, aye, and these Christian

husbands, are thus murdering their children by thousands, through

ignorance, they must be taught the truth; but if, as there is reason to

believe is too often the case, they have been influenced to do so by

fashion, extravagance of living, or lust, no language of condemnation can

be too strong.

Let us, then, meet the issue earnestly and boldly. Silence and patient

expectance have been fairly tried; the disease is not self-limited; the

evil, instead of working its own cure, has assumed a gigantic, an awful

growth.

Abstract discussions of this matter, by ourselves, and within the closed

doors of our several societies, no longer avail. We are all agreed upon

the guilt of abortion; we ever have been. Our prayers for its suppression

have not been answered, for they have hitherto been offered with inactive

hand.

We should, as a profession, openly and with one accord appeal to the

community in words of earnest warning; setting forth the deplorable

consequences of criminal abortion, the actual and independent existence,

from the moment of conception, of fœtal life. And that the effort should

not be one of words merely, we should, as a profession, recommend to the

legislative bodies of the land, the revision and subsequent enforcement

of all laws, statutory or otherwise, pertaining to this crime,—that the

present slaughter of the innocents may to some extent, at least, be

made to cease. For it is “a thing deserving all hate and detestation,

that a man in his very originall, whiles he is framed, whiles he is

enlived, should be put to death under the very hands and in the shop of

nature.”[274]

In conclusion; a committee, consisting of Drs. Blatchford, of New York,

Hodge, of Pennsylvania, Pope, of Missouri, Barton, of South Carolina,

Lopez, of Alabama, Semmes, of the District of Columbia, Brisbane,

of Wisconsin, and the writer, was appointed by the National Medical

Association, at its meeting at Nashville, in 1857, to report upon

criminal abortion, with a view to its general suppression. The report of

this committee, brief, but in strict accordance with the series of papers

now ended, has lately been made to the Association, at its session held

at Louisville, in May of the present year. The report was accepted, and

the resolutions appended to it[275] were _unanimously_ adopted.

In behalf of the committee, of whom he had the honor to be chairman,

the writer cannot close this portion of his labors without thanking the

physicians of the land, represented as they are by the Association, for

their hearty and noble response to the appeal that has been made them.

He would express, were it possible, the gratitude not of individuals,

but society; for by this act the profession has again been true to “its

mighty and responsible office of shutting the great gates of human death.”

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