CHAPTER VIII

THE ATTAINMENT OF LEGAL REGULATION

The awakening of a nation to the existence of a great evil is only

accomplished after years of persistent agitation. We have seen that

some of the strongest denunciations of cruelty in biological

experimentation were due to that large element in the medical

profession which refused to condone cruelty under the guise of

utility. Gradually public opinion began to be thoroughly aroused. In

the year 1864 the Royal Society for the Prevention of Cruelty to

Animals offered a prize for the best essay on these questions:

"Is vivisection necessary or justifiable for purposes of giving

dexterity to the operator (as in veterinary schools)?

"Is it necessary or justifiable for the general purposes of science,

and, if so, under what limitations?"

The committee which decided the merits of the essays submitted

included some of the most distinguished scientists of England, among

them Professor Owen (better known as Sir Richard Owen), and Professor

Carpenter, physiologists of eminence and experience. The first prize

was accorded to Dr. George Fleming, the leading veterinary authority

in Great Britain for many years, and a second prize was given to

Dr. W. O. Markham, F.R.C.P., one of the physicians to St. Mary's

Hospital of London, and formerly lecturer on Physiology at St. Mary's

Hospital Medical School.

Dr. Fleming's essay was undoubtedly of great utility in calling

attention to the abuses pertaining to Continental physiological

teaching. That which makes his essay of chief value is not so much

the presentation of arguments, as the long array of unquestionable

facts for which the authorities are given. There is hardly a

physiological writer of distinction from whose works he did not quote

to illustrate the excesses he condemns.

It is Dr. Markham's essay, however, which for us, at the present

moment, has principal significance. It is the argument of a

professional physiologist, defending the right of scientific research

within limits which then seemed just and right to the entire medical

profession of the United Kingdom. Every physiologist or physician

upon that committee which examined the essays is said to have marked

with approval this presentation of their views; and Professor Owen--

probably then the most distinguished man of science in Great Britain--

appended a note significant of his especial agreement. And yet

Dr. Markham's essay is never quoted at present by any advocate of free

vivisection; even Professor Bowditch in that address to which

reference has been made left unmentioned the work of his professional

brother, one of the earliest defenders of animal experimentation.

The reader of Dr. Markham's essay will not find it difficult to

comprehend the cause of this significant silence. Although the essay

was in no way sympathetic with antivivisection, it represented the

Anglo-Saxon ideal, in marked distinction from the doctrines which then

prevailed in the laboratories of Continental Europe, and which since

have become dominant throughout the United States. Defending the

practice of vivisection as a scientific method, Dr. Markham freely

admitted the prevalence of abuses to which it was liable when carried

on without regulation or restraint. Under proper limitations it was

at present necessary that some vivisection should be allowed; but with

the advance of knowledge, he believed that this necessity would

decrease, and the practice of animal experimentation gradually tend to

disappear. Some quotations from this essay will be of interest.

"The proper and only object of all justifiable experiments on animals

is to determine unknown facts in physiology, pathology, and

therapeutics, whereby medical science may be directly or indirectly

advanced. When, therefore, any fact of this kind has been once

determined and positively acquired to science, all repetition of

experiments for its further demonstration are unnecessary, and

therefore unjustifiable.

"All experiments, therefore, performed before students, in classes or

otherwise, for the purpose of demonstrating known facts in physiology

or therapeutics, are unjustifiable. And they are especially

unjustifiable because they are performed before those who, being mere

students, are incapable of fully comprehending their value and

meaning. THEY ARE NEEDLESS AND CRUEL: needless, because they

demonstrate what is already acquired to science; and especially cruel,

because if admitted as a recognized part of students' instruction,

THEIR CONSTANT AND CONTINUED REPETITION, THROUGH ALL TIME, WOULD BE

REQUIRED. I need hardly say that courses of experimental physiology

are nowhere given in this country, and that these remarks apply only

to those schools i France and elsewhere where demonstrations of this

kind are delivered."[1]

[1] "Experiments and Surgical Operations on Living Animals: One of Two

Prize Essays." London: Robert Hardwick, 1866.

"ESPECIALLY CRUEL!" Little could Dr. Markham have imagined that this

"especial cruelty" which he thus so emphatically denounced in 1864

would spread from the Continent of Europe and become, within the short

space of a single generation, the accepted method of physiological

instruction in every leading college or university in the United

States!

Dr. Markham evidently fancied that with the larger acquirement of

facts the vivisection method would gradually become obsolete.

He says:

"A consideration of the conditions here proposed as requisite for the

rightful performance of experiments on living animals shows that

experiments of this kind must ever be very limited, because those

persons who are fitted for the due performance of them are of

necessity few in number; and that in proportion as new facts are added

by them to our knowledge, THE EXPERIMENTS MUST DIMINISH IN NUMBER...."

"Thus, then, we have seen that in the case of experiments legitimately

performed on living animals, ... such experiments must always, from

their nature, be comparatively few; that they must gradually diminish

with the advance of scientific knowledge, so that A TIME MAY COME WHEN

EXPERIMENTS ON LIVING ANIMALS WILL CEASE TO BE JUSTIFIABLE.

"... Very different, on the other hand, is the character and objects

of physiological demonstrations performed in French Schools of

Medicine.... These most painful practices are unjustifiable because

they are unnecessary.... They afford no instruction to the student

which may not be equally well obtained in another way. The pain,

moreover, attendant on such proceedings is unlimited and unceasing. If

they are to be accepted as a necessary part of the systemic

instruction of the student, then must every veterinary student

practice these experimental surgical operations, AND EVERY MEDICAL

STUDENT BE MADE A WITNESS OF PHYSIOLOGICAL DEMONSTRATIONS ON LIVING

ANIMALS. In all veterinary schools, under such conditions, an

incalculable amount of pain inflicted on animals becomes a part of the

regular instruction of students. At such a conclusion Humanity

revolts.

"Experiments performed on living animals for the demonstration of

facts already positively acquired to science are unjustifiable, and

especially unjustifiable are such experiments when made a part of a

systemic course of instruction given to students."

Here, then, we have a view of vivisection presented less than forty

years since by a professional teacher of physiology in a London

medical school. That the author was mistaken in his outlook, that the

practice of vivisection instead of diminishing has a thousand times

increased, and that operations then regarded as "especially cruel"

have become the prevalent methods of instruction, are matters evident

to all. Peculiarly significant is the fact that a creed, once almost

universally held, may be so thoroughly obliterated by its antagonists

within so brief a time. One may safely assert that not a single

recent graduate from any Medical College in America, not a single

student of physiology in any institution of learning in our land

to-day, has ever been told that the practice of animal experimentation

was once thus regarded by a large majority of the English-speaking

members of the medical profession. So completely has the Continental

view of the moral irresponsibility of science established itself in

American colleges that the former preponderance of other ideals has

passed from the memory of the present generation of scientific men.

The subject of vivisection does not again appear to have engaged the

attention of the English medical Press for several years. The abuses

and cruelties on the Continent, against which it had so vigorously

protested, continued as before. In a brief editorial, the London

Lancet, on April 3, 1869, again referred to the subject:

"VIVISECTION.--The subject of vivisection has been again brought on

the tapis, owing to some remarks made by Professor (Claude) Be'rnard

... at the Colle`ge de France.... He admits on one occasion having

operated on an ape, but never repeated the experiment, THE CRIES AND

GESTURES OF THE ANIMAL TOO CLOSELY RESEMBLING THOSE OF A MAN.

"As the Pall Mall Gazette remarks, M. (Claude) Be'rnard expatiates on

the subject with a complacency which reminds us of Peter the Great,

who, wishing, while at Stockholm, to see the WHEEL in action, quietly

offered one of his suite as the patient to be broken on it....

"We consider that vivisection constitutes a legitimate mode of inquiry

when it is adopted to obtain a satisfactory solution of a question

that has been fairly discussed, and can be solved by no other means....

"We hold that for mere purposes of curiosity, OR TO EXHIBIT TO A CLASS

what may be rendered equally--if not more--intelligible by diagrams or

may be ascertained by anatomical investigation or induction,

VIVISECTION IS WHOLLY INDEFENSIBLE, and IS ALIKE ALIEN TO THE FEELINGS

AND HUMANITY OF THE CHRISTIAN, THE GENTLEMAN, AND THE PHYSICIAN."

It is very probable that much of the criticism of foreign vivisection,

which at this period appeared in the medical journals of England, was

inspired by the abhorrence felt regarding the cruelty of certain

French physiologists. We now know that the worst and most cruel of

them all was Claude Be'rnard, Professor of Experimental Physiology at

the Colle`ge de France, and the fit successor of Magendie. Just as

pirates and freebooters have added to geographical discoveries, so

science admits that regarding the functions of certain organs he added

to accumulated facts. But the peculiar infamy of Be'rnard was the

indifference displayed toward animal suffering long after the

discovery of chloroform and ether, and his practical contempt for any

sentiment of compassion for vivisected animals. Of this savagery one

will look in vain for criticism or condemnation in the writings of the

opponents of vivisection reform at the present day. Two physicians,

however, have told us what they witnessed in the laboratory of

Be'rnard. On February 2, 1875, there appeared in the Morning Post a

letter from a London physician, describing his personal experience in

the laboratory of this physiologist.

"SIR,

"If the Society for the Prevention of Cruelty to Animals intends to

give effect to the memorial presented to it on Monday, and do its

utmost to put down the monstrous abuses which have sprung up of late

years in the practice of vivisection, it will probably find that the

greatest obstacle to success lies IN THE SECRECY WITH WHICH SUCH

EXPERIMENTS ARE CONDUCTED, AND IT IS TO THE DESTRUCTION OF THAT

SECRECY that its best efforts should be directed. So long as the

present privacy be maintained, it will be found impossible to convict,

for want of evidence. No student can be expected to come forward as a

witness when he knows that he would be hooted from among his fellows

for doing so, and any rising medical man would only achieve

professional ruin by following a similar course. The result is that,

although hundreds of such abuses are being constantly perpetrated

among us, the public knows no more about them than what the distant

echo reflected from some handbook of the laboratory affords. I

venture to record a little of my own experience in the matter, part of

which was gained as an assistant in the laboratory of one of the

greatest living experimental physiologists.

"In that laboratory we sacrificed daily from one to three dogs,

besides rabbits and other animals, and after four months' experience I

am of opinion that not one of those experiments on animals was

justified or necessary. The idea of the good of Humanity was simply

out of the question, and would have been laughed at; THE GREAT AIM

BEING TO KEEP UP WITH, OR GET AHEAD OF, ONE'S CONTEMPORARIES IN

SCIENCE, even at the price of incalculable amount of torture

needlessly and iniquitously inflicted on the poor animals. During

three campaigns I have witnessed many harsh sights, but I think the

saddest sight I ever witnessed was when the dogs were brought up from

the cellar to the laboratory for sacrifice. Instead of appearing

pleased with the change from darkness to light, they seemed seized

with horror as soon as they smelt the air of the place, divining,

apparently, their approaching fate. They would make friendly advances

to each of three or four persons present, and as far as eyes, ears,

and tail could make a mute appeal for mercy eloquent, they tried it in

vain. Even when roughly grasped and thrown on the torture-trough, a

low complaining whine at such treatment would be all the protest made,

and they would continue to lick the hand which bound them, till their

mouths were fixed in the gag, and they could only flap their tails in

the trough as the last means of exciting compassion. Often when

convulsed by the pain of their torture this would be renewed, and they

would be soothed instantly on receiving a few gentle pats. It was all

the aid and comfort I could give them, and I gave it often. They

seemed to take it as an earnest of fellow-feeling that would cause

their torture to come to an end--an end only brought by death.

"Were the feelings of experimental physiologists not blunted, they

could not long continue the practice of vivisection. They are always

ready to repudiate any implied want of tender feeling, but I must say

that they seldom show much pity; on the contrary, in practice they

frequently show the reverse. Hundreds of times I have seen, when an

animal writhed with pain and thereby deranged the tissues during a

delicate dissection, instead of being soothed, it would receive a slap

and an angry order to be quiet and behave itself. At other times,

when an animal had endured great pain for hours without struggling or

giving more than an occasional whine, instead of letting the poor

mangled wretch loose to crawl about the place in reserve for another

day's torture, it would receive pity so far that it would be said to

have behaved well enough to merit death, and as a reward would be

killed at once by breaking up the medulla with a needle, or `pithing,'

as this operation is called. I have often heard the professor say,

when one side of an animal had been so mangled and the tissues so

obscured by clotted blood that it was difficult to find the part

searched for, `Why don't you begin on the other side?' or `WHY DON'T

YOU TAKE ANOTHER DOG? WHAT IS THE USE OF BEING SO ECONOMICAL?' One of

the most revolting features in the laboratory was the custom of giving

an animal, on which the professor had completed his experiment, and

which had still some life left, to the assistants to practise the

finding of arteries, nerves, etc., in the living animal, or for

performing what are called `fundamental experiments' upon it--in other

words, repeating those which are recommended in the laboratory

handbooks.

"I am inclined to look upon anaesthetics as the greatest curse to

vivisectible animals. They alter too much the normal conditions of

life to give accurate results, and they are therefore little depended

upon. THEY, INDEED, PROVE FAR MORE EFFICACIOUS IN LULLING PUBLIC

FEELING TOWARDS THE VIVISECTORS THAN PAIN IN THE VIVISECTED.

Connected with this there is a horrible proceeding that the public

probably knows little about. An animal is sometimes kept quiet by the

administration of a poison called `curare,' which paralyzes voluntary

motion while it heightens sensation, the animal being kept alive by

means of artificial respiration.

"I hope that we shall soon have a Government inquiry into the subject,

in which experimental physiologists shall be only witnesses, not

judges. LET ALL PRIVATE VIVISECTION BE MADE CRIMINAL, AND ALL

EXPERIMENTS BE PLACED UNDER GOVERNMENT INSPECTION, and we may have the

same clearing away of abuses that the Anatomy Act caused in similar

circumstances.

"I am, sir, your obedient servant,

"George Hoggan, M.B. and C.M.

"13, Granville Place, Portman Square, W."

One of the oldest members of the medical profession in Massachusetts

has also written of his experience in Be'rnard's laboratory, and his

account of the cruelty there practised entirely accords with that of

the English physician:

"When I was studying medicine in Paris, it was the custom of a

distinguished physiologist to illustrate his lectures by operations on

dogs. Some of his dissections were not very painful, but others were

attended with excruciating, long-continued agony; and when the piteous

cries of these poor brutes would interrupt his remarks, with a look of

suppressed indignation he would artistically slit their windpipes, and

thus prevent their howling! Curiousity prompted me to inquire of the

janitor whether, after this period of torment, these creatures were

mercifully put out of misery; and I ascertained that such animals as

did not succumb to the immediate effects of their mutilations were

consigned to a cellar, to be kept, unattended and unfed, until wanted

for the following lectures, which occurred on alternate days. I

never noticed the slightest demonstration of sympathy on their behalf,

except on the part of a few American students. These dogs were

subjected to needless torture, for the mere purpose of illustrating

well-known facts, capable of being taught satisfactorily by drawings,

charts, and models; and hence this cruelty, being unattended by any

possible benefit to either students or mankind, was illegitimate and

unjustifiable. But when it is considered that these same experiments

might have been conducted under the influence of an anaesthetic, so

as to minimize, if not remove, this needless suffering, this

cold-blooded, heartless torture can only be characterized as

contemptible and monstrous.

"From detailed accounts communicated to me by eye-witnesses of the

incidents related, I entertain no doubt that barbarous cruelty was

practised at that time in all the Parisian laboratories, though it is

probable that, for novel and horrible experiments, none could rival

the infernal ingenuity in this business of that master-demon, Claude

Be'rnard."[1]

[1] Extracts from letter to Boston Medical and Surgical Journal,

April, 1895.

Such is the memory which Be'rnard has left for posterity. It was by

useless cruelty that he impressed. And no American physiologist,

sounding the praises of free and unrestricted vivisection, has ever

yet ventured to criticize or to condemn either the man or his work.

Let us go back a little. By the year 1871, the agitation had gone so

far as to be deemed worthy of consideration by the leading scientific

body in Great Britain. At the meeting of the British Association in

Liverpool of that year, a committee was appointed to consider the

subject of animal experimentation, and the result of their

deliberations appears in the annual report. Regarding the practice,

they suggest four recommendations or rules:

"1. No experiment which can be done under the influence of an

anaesthetic ought to be done without it.

"2. No painful experiment is justifiable for the mere purpose of

illustrating a law or fact already determined; in other words,

experimentation without the employment of anaesthetics is not a

fitting exhibition for teaching purposes."

A third rule suggested that painful experiments should only be made in

laboratories under proper regulation; and a fourth rule condemned

veterinary operations for the purpose of obtaining manual dexterity.

It was evidently an attempt to allay agitation--there were no means of

enforcing the recommendations concerning practices which the law did

not touch.

One of the signers was Dr. Burdon Sanderson, a Lecturer on Physiology.

Early the following year he began the delivery of a course of lectures

in the physiological laboratory of University College in London,

illustrated by vivisections. During one of these discourses, the

lecturer made the following statement of his views:

"With respect to what are called `vivisections,' I assure you that I

have as great a horror of them as any members of the Society for the

Prevention of Cruelty to Animals. The rules in respect to them are

these: First, no experiment that can be done under the influence of an

anaesthetic ought to be done without it. Secondly, no PAINFUL

experiment is justifiable for the mere purpose of illustrating a law

or fact already demonstrated. Thirdly, whenever for the investigation

of new truth, it is necessary to make a painful experiment, every

effort should be made to insure success, in order that the suffering

inflicted may not be wasted. For the question of cruelty depends not

on the amount of suffering, but on its relation to the good to be

attained by it."[1]

[1] Medical Times and Gazette, February 25, 1871.

The lecturer contended that no experiment should be performed by an

unskilled person with insufficient instruments, and argued, therefore,

in favour of the establishment of Physiological Laboratories, equipped

with all modern devices and instruments for vivisection.

Some of his demonstrations were doubtless unproductive of pain, but in

view of the fact that in other experiments no anaesthetic was

employed, it may be questioned whether his second "rule" was always

very strictly observed. In one lecture he referred to his

demonstration "as the first time that we have applied electrical

stimulus to a nerve," and explains that when the experiment is made on

an animal paralyzed with curare, the effect is more complicated when a

sensory nerve is irritated, since then "the arteries all over the body

contract, because the brain is in action."[1] No plainer confession of

the existence of sensibility could be made, yet for obvious reasons

the lecturer carefully avoids admitting the presence of pain. During

the following year there appeared articles describing "the teaching of

practical physiology in the London schools." At King's College in

London, for example, demonstrations were made by the lecturer, but

"experiments on animals are never given to the ordinary student to do;

Professor Rutherford's experience on this point is that such attempts

result only in total failure."[2] On the other hand, at University

College, the Continental method of teaching was to be found. "Student

perform experiments on animals. Frogs, curarized or chloroformed, are

given them, and the experiment which has been fully explained and

demonstrated by the professor, is performed by them as far as

practicable."[3] Here, then, we find introduced into England (and

perhaps there existing in secret for some time before), that

vivisection of animals in illustration of well-known facts, which, but

a few years earlier, every leading medical journal of Great Britain

had so emphatically reprobated and denounced.

[1] Medical Times and Gazette, June 17, 1871.

[2] Ibid., July 20, 1872.

[3] Medical Times and Gazette, July 27, 1872.

The Continental school of English physiologists seemed confident of

victory. But the leading exponents of English ideals in medicine were

not inclined to surrender at once; now and then we find them

vigorously maintaining their ground, and disposed to contrast the

science gained in the laboratory with that gathered by experience and

fortified by reflection. Some extracts from a leading editorial in

the Medical Times and Gazette are extremely suggestive of the conflict

of opinions:

"The relation of physiology to practical medicine is a subject which

has been brought prominently into notice by the address of Dr. Burdon

Sanderson ... at the recent meeting of the British Association. That

address may be considered as the first authoritative and public

announcement made in this country that IT IS THE AIM AND INTENTION OF

THE PHYSIOLOGICAL SCHOOL OF THOUGHT and work to separate themselves

more and more from the school of practical medicine; no longer to

consider themselves auxiliary to it except as other sciences--for

instance, chemistry and botany--may be considered auxiliary to it, but

to win a place in the public estimation for their science as one which

shall be cultivated FOR ITS OWN SAKE...

"The teaching of experience is more reliable than physiological

theories and opinions.... The history of the advance of the cure of

disease is in the history of empiricism, in the best sense of that

much-abused word. The history of retrogression in the art of curing

disease is that of the so-called Physiological Schools of

Medicine... Physiological theory, based on experiments on dogs, wishes

us to believe that mercury does not excite a flow of bile; but here

the common sense of the Profession, educated by experience, has

refused to be led by physiological theory.... Modern physiological

science has taught us little more than the necessity of pure air,

water, and food, good clothing and shelter, moderation in eating and

drinking, and regulation of the passions--things, in fact, which are

as old as the Pentateuch. We may safely assert that all the

experiments made on luckless animals since the time of Magendie to the

present, in France, America, Germany, and England, have not prolonged

one tithe of human life, or diminished one tithe of the human

suffering that have been prolonged and diminished by the discovery and

use of Jesuits' bark and cod-liver oil."[1]

[1] Medical Times and Gazette (Editorial), September 7, 1872.

Early the next year (1873) was published the "Handbook of the

Physiological Laboratory," compiled by leading men of the

physiological party, among whom were Professors Sanderson, Foster, and

Klein. Describing the method of performing various experiments upon

animals, it included a particular account of some of the most

excruciatingly painful of the vivisections practised abroad. So

atrocious was one of the experiments thus described in this handbook

for students that Professor Michael Foster, who wrote the description,

afterward confessed that he had never seen or performed the experiment

himself, partly "from horror of the pain." Reviewing the work, a

medical journal justly declared that "the publication of this book

marks an era in the history of physiology in England.... It shows THE

PREDOMINANT INFLUENCE WHICH GERMANY NOW EXERCISES IN THIS DEPARTMENT

OF SCIENCE."[1] A professor of physiology, Dr. Gamgee, about the same

time, refers to the physiological laboratories of Edinburgh,

Cambridge, and London, and the part they sustained "in what I may call

the Revival of the study of experimental physiology in England."[2]

[1] Medical Times and Gazette, London, March 29, 1873.

[2] Ibid., October 18, 1873.

Emboldened by continuing success, the advocates of Continental

vivisection in England determined to advance yet another step. The

annual meeting of the British Medical Association for 1874 was to be

held that year in August in the city of Norwich. A French vivisector,

Dr. Magnan, was invited to be present, and to perform in the presence

of English medical men certain experiments upon dogs. On this

occasion, however, the public demonstration of French methods of

vivisection did not pass without protest; there was a scene; some of

the physicians present--among them Dr. Tufnell, the President of the

Royal College of Surgeons of Ireland, and Dr. Haughton of the medical

school in Dublin, denounced the experiments at the time they were made

as unjustifiably cruel. Public attention was beginning to be aroused;

it was decided to test the question, whether such exhibitions were

protected by English law, and a prosecution was instituted against

some who had assisted in performing the experiments. Dr. Tufnell

appeared to testify in regard to the cruelty of the exhibition, and

Sir William Fergusson, surgeon to the Queen, who had only just retired

from the presidency of the British Medical Association, not only

stigmatized one of the experiments as "an act of cruelty," but

declared that "such experiments would not be of the smallest possible

benefit."[1] The magistrates decided that while the case was a very

proper one to prosecute, yet the gentlemen named as defendants were

not sufficiently proven to have taken part in the experiment. The

decision was not unjust; the real offender was safe in his native

land.

[1] British Medical Journal, December 12, 1874.

It is not my purpose to trace the course of the English agitation

against vivisection, except as it may be seen in the medical

literature of the time; but one cannot refer to this period without

mention of the name of Frances Power Cobbe. In 1863, while in Italy,

she had protested, and not in vain, against the cruelties of Professor

Schiff in Florence. Taking up the question again in 1874, she devoted

the remainder of her life to the advancement of her ideals of reform.

It was to her zeal that in 1875 was founded the "Society for the

Protection of Animals liable to Vivisection." At this period, then,

three phases of opinion opposed one another; first, the

antivivisectionists, who desired the total suppression by law of all

animal experimentation; second, the physiological enthusiasts, few in

number, but favourable to the introduction of the Continental

irresponsibility, and eager to free vivisection from every semblance

of restraint; and, thirdly, the great body of Englishmen and of the

medical profession, whose views we have seen reflected in medical

journals of the day. The popular attack upon all animal

experimentation became so pressing that for a time the entire medical

profession seemed to unite in its defence; and editorial space once

filled with denunciation of vivisection in France was now given over

to criticism of the antivivisectionists of England. Yet, even at this

period, there appeared no repudiation of those humane principles, so

long professed by English medical men. One leading journal, the

Medical Times and Gazette, thus suggests that very oversight of

vivisection which we are told is impossible:

"Just as the law demands that a teacher of anatomy should take out a

licence, and be responsible for the bodies entrusted to him, so a

teacher of physiology might be required to take out some such licence

as regards the teaching of practical physiology. We have never been

of those who advocate the wholesale performance of experiments by

students, especially on the higher animals, if they are of such a kind

as to require any degree of skill for their performance. When the

medical public seemed bitten with what was called `practical

physiology,' many were ready to advocate the performance of all kinds

of experiments on living animals by uninstructed students. Against

this notion we were first to protest, as being at once cruel and worse

than useless; for an experiment performed by bungling fingers is no

experiment at all, but wanton cruelty."

After explaining his position in favour of scientific research, the

editor refers to a recent discussion on vivisection in London:

"Dr. Walker declared that his desire was not to stop scientific

research, but the abuses which were connected with it. In the first

place, he would not allow vivisection to be practised by incompetent

students. This was nothing but wanton and unrighteous cruelty.

THEREFORE HE WOULD OBLIGE EACH VIVISECTOR TO OBTAIN LEGAL PERMISSION

FROM COMPETENT AUTHORITY. Another abuse related to operations

performed merely to demonstrate physiological phenomena already

verified and established. Again, the number of animals vivisected was

shamefully high. Persons unacquainted with physiological laboratories

could form no idea of the lavish way in which animals were made to

suffer days and weeks of anguish and acute pain. If the people knew

of these sufferings, they would insist that the number of animals

annually vivisected should be limited, and that no animal rearing its

young should be experimented upon. Nor should it be allowable to

operate on an animal more than once.... Lastly, every licensed

vivisector should be obliged to send in an annual return, showing the

number of vivisections performed, and the scientific results attained,

which would prevent repeated operations with the same object. Nothing

in any of these proposals, urged Dr. Walker, would interfere with the

progress of science; they would simply stop the abuses which

existed."[1]

[1] Medical Times and Gazette (Editorial), June 27, 1874.

In January, 1875, we find the London Lancet also suggesting legal

supervision and restriction:

"We are utterly opposed to all repetition of experiments for the

purpose of demonstrating established doctrines.... We believe an

attempt might be made to institute something in the way of regulation

and supervision. IT WOULD NOT BE DIFFICULT, FOR EXAMPLE, TO IMPOSE

SUCH RESTRICTIONS ON THE PRACTICE OF THESE EXPERIMENTS as would

effectually guard against their being undertaken by any but skilled

persons, for adequate scientific objects."[2]

[2] The London Lancet (Editorial), January 2, 1875.

A month later the Lancet devotes its leading editorial to a discussion

of the ethics of vivisection. After criticizing the position taken

by the antivivisectionists, the writer says:

"On the other side, the discussion has been conducted as if it

concerned physiologists alone, who were to be a law unto themselves,

and each to do what might seem right in his own eyes; that the matter

was one into which outsiders had no right whatever to intrude; in

fact, that `WHATEVER IS, IS RIGHT,' and so unquestionably right as to

stand in no need of investigation or restriction. We have, from the

first, striven to take a middle course, not because it was safe, but

because it seemed to us the sound and true one. Without disguising

the difficulties, we have nevertheless expressed our conviction that

the subject was one about which it was impossible not to feel a sense

of responsibility, and a desire to ascertain whether the line between

necessary and unnecessary could be defined; and whether any attempt

could be made to institute something in the way of regulation,

supervision, or restriction, so as to secure that, while the ends of

science were not defeated, the broad principles of Humanity and duty to

the lower animals were observed. Animals have their rights every bit

as much as man has his...."

Admitting the probable necessity of some repetition of experiments in

research, the writer continues:

"It is for the purposes of instruction, however, that it becomes

questionable whether and to what extent experiments of this kind

should be performed. A chemical lecturer teaches well, in proportion

to the clearness with which he can demonstrate the correctness of his

statements by experiment, and there is no doubt it is the same with a

Lecturer on Physiology. Some persons seem to regard the advance of

knowledge as the whole duty of man, and they would perhaps consider

experimentation as justifiable in the one case as in the other. We

cannot so regard it, for the simple and sufficient reason (as it seems

to us) that the element of Life and Sensibility being present in the

one case and not in the other, carries a responsibility with it. We

contend that in any case where certain phenomena are known to follow a

given experiment, when the fact has been established by the separate

and independent observation of many different persons, a lecturer is

not justified in resorting to it FOR THE PURPOSE OF MERE DEMONSTRATION

WHERE ITS PERFORMANCE INVOLVES SUFFERING TO THE ANIMAL."[1]

[1] The London Lancet, February 6, 1875.

It is an instructive and interesting fact that one of the first steps

toward the legal regulation of vivisection in England was taken by

scientific men. The Lancet of May 8, 1875, contains the following

paragraph:

"Some eminent naturalists and physiologists, including Mr. Charles

Darwin, Professor Huxley, Dr. Sharpey, and others, have been in

communication with Members of both Houses of Parliament to arrange

terms of a Bill which would prevent any unnecessary cruelty or abuse

in experiments made on living animals for purposes of scientific

discovery. It is understood that these negotiations have been

successful, and that the Bill is likely to be taken charge of by Lord

Cardwell in the House of Lords, and by Dr. Lyon Playfair in the House

of Commons."

A week later, the Lancet gives an outline of the proposed Act:

"The Bill introduced by Dr. Lyon Playfair, Mr. Spencer Walpole, and

Mr. Evelyn Ashley, `To Prevent Abuse and Cruelty in Experiments on

Animals, made for the Purpose of Scientific Discovery,' has been

printed. It proposes to enact that painful experiments on living

animals for scientific purposes shall be permissible on the following

conditions:

"`That the animal shall first have been made insensible by the

administration of anaesthetics or otherwise, during the whole course

of such experiment; and that if the nature of the experiment be such

as to seriously injure the animal, so as to cause it after-suffering,

the animal shall be killed immediately on the termination of the

experiment.

"`Experiments without the use of anaesthetics are also to be

permissible provided the following conditions are complied with: That

the experiment is made for the purpose of new scientific discovery and

for no other purpose; and that insensibility cannot be produced

without necessarily frustrating the object of the experiment; and that

the animal should not be subject to any pain which is not necessary

for the purpose of the experiment; and that the experiment be brought

to an end as soon as practicable; and that if the nature of the

experiment be such as to seriously injure the animal so as to cause it

after-suffering, the animal shall be killed immediately on the

termination of the experiment.

"`That a register of all experiments made without the use of

anaesthetics shall be duly kept, and be returned in such form and at

such times as one of Her Majesty's principal Secretaries of State may

direct.

"`The Secretary of State is to be empowered to grant licences to

persons provided with certificates signed by at least one of the

following persons: the President of the Royal Society, the President

of the Royal College of Surgeons or of the College of Physicians in

London, Edinburgh, or Dublin; and also by a recognized Professor of

Physiology, Medicine, or Anatomy.'"[1]

[1] Lancet, May 15, 1875.

The Bill, though introduced in Parliament, was not pressed. Another

and more stringent measure for the regulation of vivisection had been

introduced a few days earlier through the efforts of Miss Frances

Power Cobbe and the Earl of Shaftesbury. In the conflict of opposing

statements and opinions, the Government wisely concluded that more

light on the subject was necessary, and a Royal Commission was

appointed to investigate and report.

But if the Continental party was to conquer in England, its members

undoubtedly felt that it must be through audacity quite as much by

silence and secrecy. At the annual meeting of the British Medical

Association, therefore, Professor William Rutherford delivered an

address, wherein for the second time an English physiologist openly

advocated the vivisection of animals as a method of teaching well-

known facts. Commenting upon this address, the editor of the Lancet

remarks:

"We confess that we think Dr. Rutherford presses his principle too far

when he argues that, teaching by demonstration being the most

successful method, we are thereby always warranted in having recourse

to it. Physiology and chemistry are both experimental sciences. The

chemical lecturer can have no hesitation in employing any number of

experiments, or repeating them indefinitely to illustrate every step

he takes; but we may fairly assume that the physiologist would be

restrained by the thought that the materials with which he has to deal

are not so much inert, lifeless matter, but sentient, living things.

We hold, therefore, that it would be both unnecessary and cruel to

demonstrate every physiological truth by experiment, or to repeat

indefinitely the same experiment, simply because by such

demonstrations the lecturer could make his teaching more definite,

precise, and valuable."[1]

[1] The London Lancet, (Editorial) August 21, 1875.

Again, somewhat later the same journal brings into prominence one of

the greatest difficulties attending all discussion of vivisection--the

lack of agreement upon the meaning of words:

"It is extremely difficult to get at the exact meaning of the terms

used. The physiologist would be ready to declare his utter abhorrence

of all `cruelty,' BUT THEN HE WOULD HAVE HIS OWN DEFINITION OF THE

WORD. We hope Sir William Thompson was not justified in stating that

revolting cruelties are sometimes practised in this country, in the

name of vivisection, although we may concur with him in reprehending

the performance of experiments on animals in illustration of truths

already ascertained.... When the Cardinal (Manning) laid it down as

the expression of a great moral obligation that we had no right to

inflict NEEDLESS pain, he begged the whole question. By all means lay

down and enforce any restriction that will prevent the infliction of

NEEDLESS pain."[1]

[1] The London Lancet (Editorial), March 25, 1876.

We see how valueless, therefore, is the assertion so frequently made

in this country that "no NEEDLESS pain is ever inflicted." The

physiologist has his own interpretation of the word.

The testimony given before the Royal Commission was of utmost value.

Leading members of the medical profession, such as Sir Thomas Watson,

physician to the Queen, and Sir William Fergusson, surgeon to the

Queen, gave evidence against the unrestricted practice of animal

experimentation. Physiologists after the Continental school stated

their side of the controversy, usually with significant caution; but

one of them, Dr. Emanuel Klein, with an honest frankness of confession

that astounded his friends, made himself for ever famous in the

history of the vivisection controversy. It is hardly accurate to say

that no cruelty was uncovered by the Royal Commission. Everything

depends on the meaning of words, but the evidence of one of the most

noted of English physiologists as to his own personal practices in

vivisection was quite sufficient to justify the legislation that

ensued. How seriously this evidence was regarded at the time is

clearly shown in an extract from a confidential letter of Professor

Huxley to Mr. Darwin, dated October 30, 1875:

"This Commission is playing the deuce with me. I have felt it my duty

to act as counsel for Science, and was well satisfied with the way

things are going. But on Thursday, when I was absent, --- was

examined; and if what I hear is a correct account of the evidence he

gave, I might as well throw up my brief. I am told he openly

professed the most entire indifference to animal suffering, and he

only gave anaesthetics to keep the animals quiet!

"I declare to you, I did not believe the man lived who was such an

unmitigated, cynical brute as to profess and act upon such principles,

and I would willingly agree to any law that would send him to the

treadmill.

"The impression his evidence made on Cardwell and Foster is profound,

and I am powerless (even if I desire, which I have not) to combat

it."[1]

[1] Huxley's "Life and Letters," vol i., p. 473. This

characterization seems by no means fair, and probably it would have

been so regarded by the writer in calmer moments. Is indignation

chiefly directed to the "indifference to animal suffering," or to the

"OPEN PROFESSION" of the feeling? For men, perfectly familiar with

Continental indifference, to condemn with holy horror a young

physiologist because he "openly professes" the generally prevalent

sentiment of his class, is very suggestive.

The result of the Commission's report was the introduction by the

Government of a Bill placing animal experimentation in Greta Britain

under legal supervision and control. As first drawn up, it appears to

have been regarded by the medical profession as unduly stringent and

unfair. Protests were made, amendments of certain of its provisions

were requested, concessions were granted, and at the close of the

Parliamentary session, August 15, 1876, the practice of vivisection,

like the study of human anatomy by dissection, came under the

supervision of English law.

It is curious to observe how those who had vehemently opposed the Act

were able to approve it when once the law was in operation, and

criticism could no longer serve any purpose of delay. The British

Medical Journal of August 19, 1876, announcing to its readers the

passage of the Bill, says:

"Taking the measure altogether, we think the profession may be

congratulated on its having passed.... So far, the Act facilitates the

prosecution of science by competent persons, while it protects animals

from the cruelty which might be inflicted by ignorant and unskilful

hands. THE ACT IS A GREAT STEP IN ADVANCE TOWARD PROMOTING KINDNESS

TO ANIMALS GENERALLY...."

The Medical Times and Gazette also regained its equanimity, and an

editorial referring to the Act admits that "the profession may regard

it without much dissatisfaction."[1] There are even advantages to be

discerned:

"It gives scientific inquirers the protection of the law; it protects

animals from cruelties which might be inflicted by unscientific and

unskilled persons, and it satisfies to a great extent a demand made by

a hypersensitive ... portion of the public."

[1] December 30, 1876.

Nor did further experience with the working of the Act appear greatly

to disturb this favourable impression. For instance, after the law

had been in operation nearly three years, the London Lancet in its

issue of July 19, 1879, editorially remarked:

"There is no reason to regret the Act of 1876 which limits vivisection,

except on the ground that it places the interests of science at the

arbitration of a lay authority.... MEANWHILE, THE ACT WORKS WELL, AND

FULFILLS ITS PURPOSE."

There can be no doubt, however, that the law has always been regarded

with marked disfavour by the extreme vivisectionists of Great

Britain. They had planned, as we can see, to introduce in the United

Kingdom the freedom of vivisection which obtained on the Continent.

They had failed, and instead of liberty to imitate Be'rnard, Magendie,

and Brown-Se'quard, they saw between them and the absolute power they

had craved and dreamed of obtaining, the majesty of English law.

Among American representatives of the same school--the strenuous

opponents of all legal supervision--it has been the fashion on every

possible occasion to cast discredit upon this Act. For obvious

reasons they have sought to represent it to the American public as

having proven a serious detriment to medical science and an

obstruction to medical advancement. The idea is absurd. English

physicians and surgeons are as well educated and equipped in every

respect as are the graduates of American schools. The complete

refutation of all such misstatements regarding the effect of the

English law will be found elsewhere. The Act is far from being an

ideal law--it is capable of amendment in many respects--but it is an

evidence of the acceptance by the English people of the principle of

State regulation, and of their wish that between the will of the

vivisector and the irresponsible and unlimited torment of the victim,

there hall be some power capable, if it so desires, of making

effective intervention.

An ethical problem; or, Sidelights upon scientific experimentation on man and animals · 第 8 / 19 章