An excellent system of anatomical plates, which has been well received by the profession, has lately been published by Mr. Lizars, a lecturer on anatomy and physiology, in Edinburgh. This gentleman states that he has been induced to undertake this work, in order to obviate the most fatal consequences to the public; as far, at least, as a reference to art, instead of nature, is capable of obviating those consequences. He affirms, that the difficulty of obtaining instruction from nature has risen to such a pitch, owing to the extraordinary severity exercised by the legal authorities of the kingdom against persons employed in procuring subjects for dissection, as to threaten the ultimate destruction of medical and anatomical science. In his preface to the second part of his work, he apologizes to his readers for dividing one portion of it from another, with which it ought to have been connected; but states that he has been compelled to do so from the prejudices of the place, which prevented him for upwards of five months, from procuring a subject from which he might make his drawings. "In place of living," he says, "in a civilized and enlightened period, we appear as if we had been thrown back some centuries into the dark ages of ignorance, bigotry and superstition. Prejudices, worthy only of the multitude, have been conjured up and appealed to, in order to call forth popular indignation against those whose business it is to exhibit demonstratively the structure of the human body, and the functions of its different organs. The public journals, from a vicious propensity to pander to the vulgar appetite for excitement, have raked up and industriously circulated stories of exhumation of dead bodies, tending to exasperate and inflame the passions of the mob; and persons who, by their own showing, are friendly to the interests of science, have, in the excess of their zeal that bodies should remain undisturbed in their progress to decomposition, laboured to destroy in this country, that art, whose province it is to free living bodies from the consequences inseparable from accident and disease. And, which is worst of all, the prejudices of the multitude have been confirmed and rendered inveterate by the proceedings in our courts of justice, which have visited with the punishment due only to felons, the unhappy persons necessarily employed in the present state of the law, in procuring subjects for the dissecting-room."
He then goes on to state, that until anatomy be publiclysanctioned in Edinburgh, the school of medicine there can never flourish; that upon the present system, young men obtain a degree or a diploma after a year or two of grinding, that is, of learning by rote the answers to the questions which the examiners are in the habit of putting to the candidates; that ignorant of the very elements of their profession, numbers of persons thus educated annually, go to the East and West Indies, and to the army and navy, where they have the charge of hundreds of their suffering fellow creatures, to whom they are in fact the instruments of cruelty and murder. In the preface to the 4th Part, he adds, that when Part II. was published, in the early part of the session, he took occasion to express his sorrow for the degraded state of his profession, and the threatened ruin of the Medical School of his native place, owing to the scarcity of subjects: That, for doing this, he has incurred considerable censure: that he regrets that he has yet found no reason to alter his opinion, for the winter session is now near its conclusion, and, he candidly declares, that such has been the scarcity of material, thatno teacher of anatomy or surgery has been able either to follow the regular plan of his course, or to do his duty to his pupils; the consequence of which has been, that many of the students have left the school in disgust, and gone either to Dublin or Paris; while a still greater number, deprived of the means of dissecting, have contented themselves with lectures or theories, and with grinding; and entered on the practice of their profession ignorant of its fundamental principles.
Much of this opposition on the part of the people, arises from the present mode of procuring subjects. Fortunately, there is in Great Britain no custom, no superstition, no law, and we may add, no prejudice, against anatomy itself. There is even a general conviction of its necessity; there may be a feeling that it is a repulsive employment, but it is commonly acknowledged that it must not be neglected. The opposition which is made, is made not against anatomy, but against the practice of exhumation: and this is a practice which ought to be opposed. It is in the highest degree revolting; it would be disgraceful to a horde of savages; every feeling of the human heart rises up against it: so long as no other means of procuring bodies for dissection are provided, it must be tolerated; but, in itself, it is alike odious to the ignorant and the enlightened, to the most uncultivated and the most refined.
But the capital objection to this practice is, that it necessarily creates a crime, and educates a race of criminals.—Exhumation is forbidden by the law. It is, indeed, prohibited by no statute, either in England or Scotland: in both, it is an offence punishable at common law. There is astatute of James the first, which makes it felony to steal a dead body for the purpose of witchcraft; there is none against taking a body for the purpose of dissection. In the case of the King against Lynn (1788), the court decided that the body being taken for the latter purpose, did not make it less an indictable offence; and that it is without doubt cognizable in a criminal court, because it is an act "highly indecent, at the bare idea of which nature revolts." It is punishable, therefore, by fine or imprisonment, or both: In Scotland, it is also punishable by whipping, and even by transportation.
We expected better things of America. We cannot express our astonishment and indignation, when we found that the state of New York has actually made it felony to remove a dead body from the place of sepulture for the purpose of dissection, without providing in any other mode for the schools of anatomy. This is worse than any thing that exists in any other part of the world. If these pages should meet the eye of any of our American brethren, we intreat them to read with attention, the facts which have been stated in the former part of this article, and to consider with seriousness the mischief they are doing. It will not be believed in England, that such scenes could have been witnessed in America, as were actually exhibited there scarcely a month ago. To satisfy our readers, however, that we do not misrepresent the state of things in that country, we transcribe the following accounts fromThe New York Evening Post, ofMay 20th. "At the late Court of Sessions, Solomon Parmeli was indicted for a misdemeanor, in entering Potter's Field, and removing the covers of two coffins deposited in a pit, and covered partly with earth.The statute of this state making it a felony, to dig up or remove a dead human body with intent to dissect it, did not embrace this case; because the prisoner had not dug up or removed the body. Mr. Schureman, the present keeper of Potter's Field, suspected that some person had entered it for the purpose of removing the dead; and, after sending for two watchmen, and calling his faithful dog, he went to ascertain the fact. On arriving at the grave, he found his suspicion confirmed; and requested the person concealed in the pit, to come out and show himself: no answer being given, Mr. Schureman sent his dog into the pit, and in the twinkling of an eye a tall stout fellow made his appearance, and took to his heels across the field. The night being dark, he might have effected his escape, had it not been for the sagacity and courage of the dog, who pursued him for some distance, but at last came up with him, seized and held him fast, until the arrival of Mr. Schureman and the watchmen, who secured him. The jury convicted the prisoner, and thecourt sentenced him to six months' imprisonment in the Penitentiary.The young gentlemen attending the Medical School of this city, will take warning by this man's fate. They may rest assured, that the keeper of Potter's Field will do his duty, and public justice will be executed on any man, whatever may be his condition in life, who is found violating the law, and the decency of Christian burial!" The same paper gives the following account of a transaction, which took place at Hartford, in Connecticut, May 17. "Yesterday morning, two ladies were taking a walk in the South burying ground, when they discovered a tape-string, and a piece of cloth, which upon examination was found to be the piece that was laced upon Miss Jane Benton's face, who came to her death by drowning, and was buried a few days since. The ladies then went to the grave, and found that it had been disturbed—that she was taken out of her coffin, and a rope around her neck. The circumstance has produced great excitement in the public mind; and every one is on the alert to discover the perpetrators of this unfeeling, brutal act.The citizens turned out in a body yesterday, and interred the corpse again!"
These scenes are highly disgraceful, and disgraceful to all, though notaliketo all parties. We do not blame the Americans for abolishing the practice of exhumation; but we blame them for stopping there. We maintain, that it is both absurd and criminal, to make this practice felony, without providing in some other method for the cultivation of anatomy.
In Great Britain, the law against the practice of exhumation is not allowed to slumber. There may be other cases which have not come to our knowledge; but we have ascertained that there have been 14 convictions for England alone, during the last year. The punishments inflicted have been imprisonment for various periods, with fines of different sums. The fines in general are heavy, considering the poverty of the offenders. Several persons are, at this moment, suffering these penalties; among others, there is now in the gaol of St. Alban's, a man who was sentenced for this offence to two years' imprisonment, and a fine of twenty pounds. The period of his confinement has expired some time; but he still remains in prison, on account of his inability to pay the fine.[1]Since the passing of the new Vagrant act, it has been the common practice to commit these offenders to hard labour for various periods. Very lately, two men, convicted of this offence, were sent to the Tread Mill, in Cold Bath Fields; one of whom died in one monthafter his commitment. It is an error to suppose that these punishments operate to prevent exhumation; their only effect is to raise the price of subjects: a little reflection will show that they can have no other operation. At present, exhumation is the only method by which subjects for dissection can be procured; but subjects for this purpose must be procured: and be the difficulties what they may, will be procured: diseases will occur, operations must be performed, medical men must be educated, anatomy must be studied, dissections must go on. Unless some other means for affording a supply be adopted; whatever be the law or the popular feeling, neither magistrates, nor judges, nor juries, will, or can, put an entire stop to the practice. It is one, which, from the absolute necessity of the case, must be allowed. What is the consequence? So long as the practice of exhumation continues, a race of men must be trained up to violate the law. These men must go out in company for the purpose of nightly plunder, and plunder of the most odious kind, tending in a peculiar and most alarming measure to brutify the mind, and to eradicate every feeling and sentiment worthy of a man. This employment becomes a school in which men are trained for the commission of the most daring and inhuman crimes. Its operation is similar, but much worse than the nightly banding to violate the game laws, because there is something in the violation of the grave, which tends still more to degrade the character and to harden the heart. This offence is connived at; nay, it is rewarded; these men are absolutely paid to violate the law; and paid by men of reputation and influence in society. The transition is but too easy to the commission of other offences in the hope of similar connivance, if not of similar reward.
It is an odious thing that the teachers of anatomy should be brought into contact with such men: that they should be obliged to employ them, and that they should even be in their power; which they are to such a degree, that they are obliged to bear with the wantonness of their tyranny and insult. All the clamour against these men, all the punishment inflicted on them, only operate to raise the premium on the repetition of their offence. This premium the teachers of anatomy are obliged to pay, which these men perfectly understand, who do not at all dislike the opposition which is made to their vocation. It gives them no unreasonable pretext for exorbitancy in their demands. In general, they are men of infamous character; some of them are thieves, others are the companions and abettors of thieves. Almost all of them are extremely destitute. When apprehended for the offence in question, the teachers of anatomy are obliged to pay the expenses of the trial, and to supporttheir families while they are in prison: whence the idea of immunity is associated, in these men's minds, with the violation of the law, and when they do happen to incur its penalties, they practically find that they and their families are provided for, and this provision comes to them in the shape of a reward for the commission of their offence. The operation of such a system on the minds of the individuals themselves is exceedingly pernicious, and is not a little dangerous to the community.
Moreover, by the method of exhumation, the supply after all is scanty; it is never adequate to the wants of the schools; it is of necessity precarious, and it sometimes fails altogether for several months. But it is of the utmost importance that it should be abundant, regular, and cheap.—The number of young men who come annually to London for the purpose of studying medicine and surgery, may be about a thousand. Their expenses are necessarily very considerable while in town; they have already paid a large sum for their apprenticeship in the country; the circumstances of country practitioners, in general, can but ill afford protracted expenses for their sons in London; few of them stay a month longer than the time prescribed by the College of Surgeons. But the short period they spend in London, is the only time they have for acquiring the knowledge of their profession. If they mispend these precious hours, or if the means of employing them properly be denied them, they must necessarily remain ignorant for life. After they leave London they have no means of dissecting. We have seen that it is by dissecting alone, that they can make themselves acquainted even with the principles of their art; that without it they cannot so much as avail themselves of the opportunities of improvement, which experience itself may offer, nor, without the highest temerity, perform a single operation. We have seen that occasions suddenly occur, which require the prompt performance of important and difficult operations; we have seen that unless such operations are performed immediately, and with the utmost skill, life is inevitably lost. In many such cases, there is no time to send for other assistance. If a country practitioner (and most of these young men go to the country) be not himself capable of doing what is proper to be done, the death of the patient is certain. We put it to the reader to imagine what the feelings of an ingenuous young man must be, who is aware of what he ought to do, but who is conscious that his knowledge is not sufficient to authorise him to attempt to perform it, and who sees his patient die before him, when he knows that he might be saved, and that it would have been in his own power to save him, had he been properly educated. We put it to the reader toconceive what his own sensations would be, were an ignorant surgeon, with a rashness more fatal than the criminal modesty of the former, to undertake an important operation—Suppose it were a tumor, which turned out to be an aneurism; suppose it were a hernia, in operating on which the epigastric artery were divided, or the intestine itself wounded: suppose it were his mother, his wife, his sister, his child, whom he thus saw perish before his eyes, what would the reader then think of the prejudice which withholds from the surgeon that information, without which the practice of his profession is murder?
The study of anatomy is a severe and laborious study; the practice of dissection is on many accounts highly repulsive: it is even not without danger to life itself.[2]To men of clear understandings, to those especially of a philosophical turn of mind, the pursuit is its own reward; they are so fully satisfied, that the more it is cultivated the more satisfaction it will afford, that they need no stimulus to induce them to undergo the drudgery. But this is by no means the case with ordinary minds. The fatigue and disgust of the dissecting-room, are appalling to them, and they need the stimulus of necessity to urge them to the task. The court of examiners of the College of Surgeons, requires from the candidates for surgical diplomas certificates that they have gone through at least two courses of dissections; the examiners at Apothecaries'-hall do not require such certificates. The consequence is, that many young men content themselves with attending lectures, and with passing their examinations at Apothecaries'-hall, and do not apply for a diploma at the College of Surgeons. This single fact is sufficient to demonstrate to the public, that instead of throwing obstacles in the way of dissection, it is a duty which they owe to themselves to afford every possible facility to its practice, and to hold out to every member of the profession, the most powerful inducements to engage in it, by rewarding with confidence those who cultivate anatomy, by making excellence in anatomy indispensable to all offices in dispensaries and hospitals, and by thus rendering it impossible for any one who is ignorant of anatomy, to obtain rank in his profession. When a candidate presents himself for a diploma in Denmark, in his first trial he is put into a room with a subject, a case of instruments, and a memorandum, and informed that he is to display the anatomy of the face and neck, or that of the upper extremity or that of the lower extremity: that by the anatomy is to be understood, the blood-vessels, nerves, and muscles; and that assoon as he has accomplished his task, the professors will attend his summons to judge of his attainments. These professors are the true examiners!
We shall have entered into the discussion of this subject to little purpose, if we have not produced in the minds of our readers a deep conviction, that anatomy ought to form an essential part of medical education, that anatomy cannot be studied without the practice of dissection; that dissection cannot be practised without a supply of subjects, and that the manner in which that supply is obtained in England is detestable, and ought immediately to be changed. It might be changed easily. We agree with Mr. Mackenzie, that legislative interference is necessary; we are satisfied that nothing will be done in England without it. The plan which Mr. Mackenzie suggests is as follows: 1. That the clause of our criminal code, by which the dissection of the dead body is made part of the punishment for murder, be repealed. 2. That the exhumation of dead bodies be punishable as felony. 3. That no diploma in medicine or surgery, be granted by any faculty, college, or university, except to those persons who shall produce undoubted evidence of their having carefully dissected at least five human bodies. 4. That in each of the hospitals, infirmaries, work-houses, poor-houses, foundling-houses, houses of correction, and prisons of London, Edinburgh, Glasgow, and Dublin, and if need be, of all other towns in Great Britain and Ireland, an apartment be appointed for the reception of the bodies of all persons dying in the said hospitals, infirmaries, work houses, poor-houses, foundling-houses, houses of correction, and prisons,unclaimed by immediate relatives, or whose relatives decline to defray the expenses of interment. 5. That the bodies of all persons dying in these towns, and, if need be, in all other towns, and also in country parishes,unclaimable by immediate relatives, or whose relatives decline to defray the expenses of interment, shall be conveyed to a mort-house appointed in the said towns for their reception. 6. That no dead bodies shall be delivered from any hospital, infirmary, work house, poor-house, foundling-house, house of correction, prison, or mort-house for anatomical purposes, except upon the requisition of a member of the Royal College of Physicians or of Surgeons, of London, Edinburgh, or Dublin, or of the Faculty of Physicians and Surgeons of Glasgow, and upon the payment of twenty shillings into the hands of the treasurer, of the hospital, infirmary, work-house, poor-house, foundling-house, house of correction, prison, or other officer appointed to receive the same. [This is too large a sum.] 7. That no dead body shall be conveyed from a hospital, infirmary, work-house, poor-house, foundling-house, houseof correction, prison, or mort-house, to a school of anatomy, except in a covered bier, and between the hours of four and six in the morning. 8. That after the expiration of twenty-eight days, an officer appointed for this purpose, in each of the four towns above-mentioned, shall cause the remains of the dead to be placed in a coffin, removed from the school of anatomy, where the dead body has been examined, to the mort-house of the town and decently buried. 9. That the expenses attending the execution of these regulations, be defrayed out of fees paid by teachers and students of anatomy, on receiving dead bodies from the hospitals, infirmaries, work-houses, poor houses, foundling-houses, houses of correction, prisons, and mort-houses.
To this plan there is but one objection, viz. that it is making the bodies of the poor public property. The answer is, that the limitation in the proposed law, which the objection does not notice, entirely removes the weight of that objection. Though no maxim can be more indisputable than that those who are supported by the public die in its debt, and that their remains at least, might, without injustice, be converted to the public use, yet it is not proposed to dispose in this manner of the bodies of all the poor: but only of that portion of the poor who die unclaimed and without friends, and whose appropriation to this public service could, therefore, afford pain to no one. If any concession and co-operation on the part of the public, for this great public object is to be expected, and without concession and co-operation nothing can be done, it is not easy to conceive of any plan which requires less public concession or implies less violation of public feeling. In point of fact it would put no indignity, it would inflict no injury on the poor; it is the rejection of it that would really and practically be unjust and cruel. The question is, whether the surgeon shall be allowed to gain knowledge by operating on the bodies of the dead, or driven to obtain it by practising on the bodies of the living. If the dead bodies of the poor are not appropriated to this use, their living bodies will and must be. The rich will always have it in their power to select, for the performance of an operation, the surgeon who has already signalized himself by success: but that surgeon, if he have not obtained the dexterity which ensures success, by dissecting and operating on the dead, must have acquired it by making experiments on the living bodies of the poor. There is no other means by which he can possibly have gained the necessary information. Every such surgeon who rises to eminence, must have risen to it through the suffering which he has inflicted, and the death which he has brought upon hundreds of the poor. The effect of the entire abolition of the practice of dissecting the dead, would be, to convertpoor-houses and public hospitals into so many schools where the surgeon, by practising on the poor, would learn to operate on the rich with safety and dexterity. This would be the certain and inevitable result: and this, indeed, would be to treat them with real indignity, and horrible injustice; and proves, how possible it is to show an apparent consideration for the poor, and yet practically to treat them in the most injurious and cruel manner.
Nor would the proposed plan be the means of deterring this class of people from entering the hospitals. There is something reasonable in the apprehension on which this objection is founded: but the answer to it is complete, because it is an answer, derived from experience, to an objection, which is merely a deduction from what is probable. The plan has been acted on, and found to be unattended with this result: it was tried in Edinburgh, and the hospital was as full as it is at present: it is universally acted on in France, and the hospitals are always crowded.
The great advantages of the plan are, that it would accomplish the proposed object, easily and completely, whereas the plan in operation effects it imperfectly and with difficulty; and it would put an immediate and entire stop to all the evils of the present system. At once it would put an end to the needless education of daring and desperate violators of the law. It would tranquillize the public mind. Their dead would rest undisturbed: the sepulchre would be sacred: and all the horrors which the imagination connects with its violation would cease for ever.
We have stated, that the plan has been tried. Experience has proved its efficacy. It was adopted with perfect success in Edinburgh more than a century ago. In the Council Register for 1694, it is recorded that all unclaimed dead bodies in the charitable institutions or in the streets, were given for dissection to the College of Surgeons, to one or two of its individual members, and to the professor of anatomy. This regulation, at that period, excited no opposition on the part of the people, but effectually answered the desired object. All the medical schools on the continent are supplied with subjects, by public authority, in a similar manner. We have obtained from a friend in Paris, a gentleman who is at the head of the anatomical department in that city, the following account of the manner in which the schools of anatomy are supplied. It is stated; 1. That the faculty of medicine at Paris is authorized to take from the civil hospitals, from the prisons, and from the depôts of mendicity, the bodies which are necessary for teaching anatomy. 2. That a gratuity of eight pence is given to the attendants in the hospitals for each body. 3. That uponthe foundation by the National Convention, of schools of health, the statutes of their foundation declare, that the subjects necessary for the schools of anatomy shall be taken from the hospitals, and that since this period, the council of hospitals and the prefect of police, have always permitted the practice. 4. That M. Breschet, chief of the anatomical department of the faculty of Paris, sends a carriage daily to the different hospitals, which brings back the necessary number of bodies: that this number has sometimes amounted to 2000 per annum for the faculty only, without reckoning those used in L'Hôpital de la Pitié, but that since the general attention which has recently been bestowed upon pathologic anatomy, numbers of bodies are opened in the civil and military hospitals, and that the faculty seldom obtain more than 1000 or 1200. 5. That, besides the dissections by the faculty of medicine, and those pursued in L'Hôpital de la Pitié, theatres of anatomy are opened in all the great hospitals, for the pupils of those establishments: that in these institutions anatomy is carefully taught, and that pupils have all the facilities for dissection that can be desired. 6. That the price of a body varies from four shillings to eight shillings and sixpence. 7. That after dissection, the bodies are wrapt in cloths, and carried to the neighbouring cemetery, where they are received for ten-pence. 8. That the practice of exhumation is abolished: that there are insurmountable obstacles to the return of that system, and that bodies are never taken from burial grounds, without an order for exhumation, which is given only when the tribunals require it for the purpose of medico-legal investigation. 9. That though the people have an aversion to the operations of dissection, yet they never make any opposition to them, provided respect be paid to the laws of decency and salubrity, on account of the deep conviction that prevails of their utility, 10. That the relatives of the deceased seldom or never oppose the opening of any body, if the physicians desire it. That all the medical students in France, with scarcely any exception, dissect, and that that physician or surgeon who is not acquainted with anatomy, is universally regarged as the most ignorant of men.
It is time that the physicians and surgeons of England, should exert themselves to change a system which has so long retarded the progress of their science, and been productive of so much evil to the community. We are persuaded, that there is good sense enough, both in the people and in the legislature, to listen to their representations. We would advise them to avail themselves of the means they possess to communicate information to the people, and to make individual members of parliament acquainted with the subject. With this view we would recommend the wholebody to act in concert, to appoint a committee for conducting the matter, and to petition parliament, as soon as they shall have made the nature of their claims, and the grounds on which they rest, more generally known. If they act in co-operation with each other, and pursue their object temperately, and steadily, we cannot but believe, that their efforts at no distant period, will be crowned with success.
FOOTNOTES:[1]Since the above was written, we have learned that this man has been recently liberated, and his fine remitted.[2]A winter never passes without proving fatal to several students who die from injuries received in dissection.
[1]Since the above was written, we have learned that this man has been recently liberated, and his fine remitted.
[1]Since the above was written, we have learned that this man has been recently liberated, and his fine remitted.
[2]A winter never passes without proving fatal to several students who die from injuries received in dissection.
[2]A winter never passes without proving fatal to several students who die from injuries received in dissection.