Mf > .**" ?>-" ",. '. i.!' " j " i" 'L-; r Surgeon General's Office ^r^m^^T^^ itri^L t&~ 'Ul/l^ cf ff t AN INAUGURAL DISSERTATION ON -0 INFANTICIDE; SUBMITTED TO THE EXAMINATION OF SAMUEL BARD, M.D. L.L.D. PRESIDENT, AND THE TRUSTEES AND PROFESSORS OF THE COLLEGE OK PHYSICIANS AND SURGEONS OF THE UNIVERSITY OF THE STATE OF NEW-YORK J PUBLICKLY DEFENDED, FOR THE DEGREE OF DOCTOR OF MEDICINE, ON THE 6th DAY OF APRIL, 1817. BY JOHN.IK.JRKCK, A. M. SECOND VICE-PRESIDKNT «6»THK MEDICO-C^yiURGICAL SOCIETY, AM) MEMBER OF THE, LVyXUM OF NATURAL HISTORY. y •---».--- '" \j "Nee Medicus stadium Jurisprudent!*, nee Jurisconsultus etudium Medicine plan? negligat."--------Albtrti. ATJJ-YORK: TINTED BT J. 8EYMOUR, NO. 49 JOHN-STREET. 18^7. / Printed under the authority of the College of Physicians and Surgeons as the Statute directs TO THE REV. JOHN B. ROMEYN, D.D. THIS DISSERTATION IS RESPECTFULLY DEDICATED, WITH EVERY FEELING OF GRATITUDE AND AFFECTION, BY HIS NEPHEW, JOHN B. BECK. DAVID HOSACK, m.d. p.r.s. l.& e. p.l.s. PROFESSOR OF THE THEORY AND PRACTICE OF PHYSIC, AND OF MIDWIFERY, IN THE COLLEGE OF PHYSICIANS AND SURGEONS OB THE UNIVERSITY OE THE STATE OE NEW-YORK, &C. &C. THIS DISSERTATION IS DEDICATED, XO LESS FOR HIS DISTINGUISHED EMINENCE AS A PHYSICIAN, THAN FOR THE UNIFORM FRIENDSHIP WHICH HE HAS MANIFESTED TOWARDS HIS PUPIL, THE AUTHOR. TO THEODERICK ROMEYN BECK, M.D. PROFESSOR OF THE THEORY AND PRACTICE OF PHYSIC, IN THE COLLEGE OF PHYSICIANS AND SURGEONS OF THE UNIVERSITY OF THE STATE OE NEW-YORK, ESTABLISHED AT FAIRFIELD, &C. &C. THE FOLLOWING PRODUCTION IS PRESENTED AS AN OFFERING OF FRATERNAL RESPECT AND AFFECTION, BY THE AUTHOR. JOHN W. FRANCIS, M.D. PROFESSOR OF THE INSTITUTES OF MEDICINE, ,N THE COLLEGE OF PHYSICIANS AND SURGEONS OF THE UNIVERSITY OF THE STATE OF NEW-YORK, kc. &C. THIS ESSAY IS INSCRIBED IN TESTIMONY OF HIS PROFESSIONAL ATTAINMENTS AND PUIVATE WORTH, AUTHOR. B > PREFACE. Tnr. science of Medical Jurisi-ki oence, of which the subject of the following Dissertation forms an important branch, lays claim to the atten- tion of every one who feels any concern in the pure administration of jus- tice. To the Physician, it recommends itself by considerations even still more interesting. It is only by a knowledge of its principles that he can with honour release himself from the high personal responsibility, which he is frequently obliged to assume in cases involving the lives of his fellow- creatures. In most criminal trials for poisoning, drowning, infanticide, &c. the testimony of the Medical witness must necessarily in a great mea- sure decide the fatcof the accused. It cannot, therefore, but be obvious, how useful and even indispensably necessary it is Cor him to possess an inti- mate acquaintance with a branch of knowledge, whose object it is to sup- ply him with the means of forming just inductions and correct decisions, whenever he maybe called into a court of justice, or before a coro.ier's in- quest. It seems singular that a science of such importance should have been so much neglected, both in Great Britain and in America. In the former country, there is not a single writer of great value on the subject; and, with the exception of Dr. Duncan's Lectures on Legal Medicine, delivered in Edinburgh, it has been hitherto wholly excluded from their courses of Medical instruction-. In this country, it has been rather more cultivated. In the College of Physicians and Surgeons of this cit}r, it has for several years been the subject of Medical instruction by Dr. James S. Stringham. Lectures have also been delivered on it by Dr. T. P>. Beck, in the College of Physicians and Surgeons at Fairfield, in this State. In addition to these, if the writer has been correctly informed, a private course has been given in Philadelphia, by Dr. Caldwell. Thor' are indications which prove that the science is not wholly disre- garded here; and we cannot but cherish the hope, that it will soon at- tain to that elevation among us, to which it has long since arrived in France and Germany, where it has given birth to the most profound and extensive researches. CONTENTS. CHAPTER I. page History of Infanticide,............................... 13 CHAPTER II. Medico-Legal History,.................... .......... 28 Abortion, .......................................... ib. Murder of the child after birth,........................ 44 CHAPTER III. Prevention of Infanticide, ...........................» 84 History of Legislation on the subject of Infanticide,........ 85 Foundling Hospitals,.................................. P2 AN INAUGURAL DISSERTATION, &c. CHAPTER I. HISTORY. J t is a fact no less melancholy than astonishing, that a pricticc so unnatural as that of fni'aniititle should e\er have prevailed to any extent. Its existence might have been supposed possible in those unhappv regions of our earth, where untutored passion and brutal sense reign triumphant over reason and morality; but that the finest portions of society, where genius, science, and refinement had taken up their abode, should have been disgraced by a crime so disgusting, is one of those anomalies in the history of human tiding and conduct, which irresistibly prove how perfectly arbitrary and undefined are the laws of justice and humanity, when unguided by the principles of true religion The fact, however, is not more astonishing than true. A slight review of its history, will show us that this practice prevailed in almost all the ancient nations, and that it is not even yet blotted from the list of human crimes. The laws of Moses* are silent on the subject of in- fanticide; and from this circumstance we should be led to conclude, that the crime was ur.kno^vri auiong the Jews at that period of their history, and therefore, that any positive prohibition of it was considered unneces- # JWirhaeliN' C'-Minuentaries on the Law.-«. 1 Moses, v >l. iv. C 14 sary. The penal code of the Jews is so very minute on the subject of murder in general—considers it so atrocious a crime, and denounces such terrible punish- ments against the perpetrators of it, that it is wholly incredible that the murder of infants would have been countenanced by their illustrious legislator. This con- clusion appears to be further confirmed by the consid- erations, that barrenness was esteemed one of the greatest misfortunes which could befal a Jewish wo- man, and that the Jews were all desirous of a proge- ny, because each cherished the hope that the Messiah might be numbered among his descendants. These facts prove that every inducement was held out for the propagation of children, and none to countenance their destruction. At a subsequent period, when they became conta- minated by their intercourse with the Canaanites, we find the Jews imitating* the example of their king Manasseh, who sacrificed his son to the idol Molechf. These horrid sacrifices were suppressed by king Josi- ah, who commanded, " that no man might make his tl son or his daughter to pass through the fire to Mo- " lechj." And Tacitus, in describing the manners of the Jews of his day, says that they were not allowed to put their children to death<§. The nations surrounding the Jews, appear to have been addicted to the sacrifice of children. Of these, the Canaanites are described as " sacrificing their " sons and their daughters unto devils, and shed- " ding innocent blood, even the blood of their sons and * Jer. vii. 31. & xix. 5. +2 Chron. xxxiii. 6. 2 Kings xxi. 6. % 2 Kings xxiii. 0. » Tac. Hist. Lib. v. ch. 5. 15 14 their daughters, whom they sacrificed unto the idols tl of Canaan.*" Among the Egyptians, infants were treated with more humanity, yet instances are not wanting of the greatest cruelty towards them. A memorable one is found in the commission of Pharaoh to the mid wives to murder all the male offspring of the Jews. Their own children, however, were treated with greater ten- derness, and they are accordingly, on this account, mentioned with honour by some of the writers of other countries. Strabo, in particular, speaks of them as an honourable exception to those nations who exercised the right of life and death over their infantsf. Among the ancient Persians, it was a common cus- tum to bury children alive. Herodotus tells us of Amestris, the wife of Xerxes, who, at an advanced age, ordered fourteen Persian infants, of illustrious birth, to be interred alive, in honour of one of the deities of the country{. In most of the Grecian States, infanticide was not merely permitted, but actually enforced by law. The Spartan lawgiver expressly ordained, that every child that was born should be examined by the ancient men of the tribe, and that, if found weak or deformed, it should be thrown into a deep cavern at the foot of mount Taygetus, called Apothctcc, " concluding its life " could be of no advantage, either to itself or to the pub- " lie, since nature had not given it at first any strength " or goodness of constirution§.*' This practice was not. however, upheld merely by the sanction of law; it was defended by the ablest men of Greece. Aristotle. * Psalm cvi. 37, 38. f Beckman on Invent, vol. 4. p. .-lflj.. f Ueloe's Hero'., vol. -1. p. 37. ' Plutarch Vit. I-vcnr. vol. l.p. 142. 16 in his work on government, enjoins the exposure ot children that are naturally feeble and deformed, in or- der to prevent an excess of population. He adds, " if " this idea be repugnant to the character of the na- " tion, fix at least the number of children in each fa- " mily; and if the parents transgress the law, let it " be ordained, that the mother shall destroy the fruit 44 of her body before it shall have received the prmci- 44 pies of life and sensation*." The mild Plato also justifies this practice. In his Republic, he directs that 44 children born with any deformity, shall be removed '• and concealed in some obscure retreatf-" Of tlie existence of infanticide at Athens, we have the testimony of the comic poets, who, in describing the manners of that city, frequently allude to the exposure of children^. The following quotation from a Greek writer, shows the extent of this crime as it actually prevailed : OvyaTtgu PeKliOnvei' x«v jl vrtovrttf. " A man, though poor, will not expose a son; but if rich, he will scarcely preserve a daughter." Thebes, however, exhibited a noble contrast to the rest of Greece. By one of her lawsj it was expressly forbidden to imitate the other Grecian cities, who ex- posed their children at their birth§. But of all the nations of antiquity, the Romans were the most unrelenting in their treatment of infants. The Roman father was invested with an absolute authority * Travels of Anacharsis, vol. 5. p. 270. f Ibid. vol. 4. p. 342. X Vide Quarterly Rev. vol. 2. p. 389. for quotations from Terence and Plautus. . § Travels of Anacharsis, vol. ". p. 277 17 over the lives and fortunes of his children*, and we have abundance of testimony to show that the right was commonly exercised. This barbarous prerogative was co-eval with the existence of Rome, and continued to triumph over justice and humanity during the lapse of many ages, until Christianity wrested it from her. Romulus authorized the destruction of all children that were deformed. He, however, required the pa- rents to exhibit them to thej^ five nearest neighbours, and to obtain their consent to, their deathf. The law of the Twelve Tables, enacted in the 301st year of Rome, sanctioned the same barbarous practice^. After this, even the slight restrictions which Romulus had imposed upon parents, appear to have been removed, and an unqualified jurisdiction surrendered to the fa- ther over the lives of his children, even after they had arrived to yeai;s of maturity. Sallust mentions an in- stance of.the latter: Fuere tamen extra conjurationem complures, qui ad Catalinam initio profecti sunt: in his A. Fulvius, senatoris filius; quern retractum ex itinere,parens jussit necari. Sallust. Cat. xxxix. The procuring of abortion, which can be considered no less than murder, was also notoriously prevalent among the Romans. Juvenal thus speaks of that ne- farious practice: lire tamen et partus suheunt discrimen et omnes Nutricis tolerant, fortuna urgente, labores Sed jacet aurato >ix ulla puerpera lecto ; * The right of parents over their children is thus stated in the Justinian Institutes, I Ah. I. Tit. ix. p. 22. Cooper's edit. Jus autem potosiatis, quod iir liberos habemus, proprium est civium Romanorum ; nulli enim alii sunt homines, qui taiem in liberc| habeant potestatem, qualcni nos habemus. \ Montesquieu's Spirit of Law?, vol.1, p. 104. Loml T Cooper's Ju*t'miun, p. 659. 18 Tantum artes hujus, tantum medic amina possant, Quce steriles facit, atque homines in ventre necandos Conducit*.------Juv. Sat. vi. v. 592. Minucius Felix thus describes the barbarity of the Romans in this respect: " I see you exposing your 44 infants to wild beasts and birds, or strangling them 44 after the most miserable manner. Nay, some of you " will not give them the liberty to be born, but by 44 cruel potions procure abortion, and smother the hope- ki ful beginning of what vyould come to be a man, in his 44 mother's wombf." Pliny the Elder himself defends the right of pa- rents to destroy their children, upon the ground of its being necessary to preserve the increase of popula- tion within proper bounds. Such was the practice of ancient Rome from her first origin down to the time of Constantine the Great. During the days of her greatest political grandeur it was carried to the highest excess; and whilst she was boasting of her refinement, and casting the opprobrious epithet of harbarian on all around her, she was guilty of the basest profligacy, and the most hardened cruelty. Christianity first opposed a barrier to the desolations of this crime: her mild and hu- mane spirit could not but discountenance it; and ac- cordingly it animated all who were arrayed un- der her peaceful banners, to exert their energies in * " Yet these, though poor, the pain of childbed bear,. And without nurses their own infants rear. You seldom hear of the rich mantle spread For the babe, born in the great lady's bed. Such is the power of herbs; such arts they use To make them barren, or their fruit to lose." Drydtnys Juvenal. y Octav. Minucii Felicis, ch. xxx. 19 arresting its progress. The Christian writers of that day are full on this point. Tcrtullian, in his Apology, expresses himself with heroic boldness on this subject; 44 How many of you," (addressing himself to the Ro- man people, and to the governors of cities and pro- vinces,) 44 might I deservedly charge with infant mur- 44 der; and not only so, but among the different kinds "• of death, for choosing some of the crudest for their 44 own children, such as drowning or starving with cold 44 or hunger, or exposing to the mercy of dogs ; djing 44 by the sword being too sweet a death for children, 44 and such as a man would choose to fall by sooner 44 than any other ways of violence. But Christians 44 now are so far from homicide, that with them it is 44 utterly unlawful to make away a child in the womb, 44 when nature is in deliberation about the man; for 44 to kill a child before it is born, is to commit murder 44 by way of advance; and there is no difference, whe- 4< ther you destroy a child in its formation, or after it 44 is formed and delivered ; for we Christians look 44 upon him as a man who is one in embryo; for he is 44 a being like the fruit in blossom, and in a little time 4k would have been a perfect man, had nature met with 44 no disturbances*." In A. D. 31 o, Constantine the Great enacted a law providing for the maintainance and education of those children whose parents were too poor to do the samef. He also ordered a severe punishment to be inflicted on a cruel father. This was the first time that the au- thority of the government had interposed to arrest this crime ; and it is not to be supposed, that a custom which had become so familiar to all the habits and feel- * Tertull. A|)ol. ch. ix. t Ant. I'mv. Hist. vol. xv. p. 576. C 20 in^s of the Roman people would be immediately sup- pressed : and accordingly we find that it still continued to prevail, though in a less degree, until the end of the 4th century, when it was finally exterminated by the Emperors Valentinian, Valens, and Gratian. The Phadvians and Carthagenians were in the ha- bit of sacrificing infants to their gods. The latter had a law by which four children* of noble birth were re- gularly immolated upon the altars of Saturn. History records a melancholy instance of the superstition and cruelty of these deluded people. It is related, that they attributed their defeat by Agathocles, king of Sicily, to an omission of these sacrifices, and in order to atone for their past neglect, they offered up, at one time, two hundred of the sons of their nobility. Silius Italicus notices this custom: «' Mos fuit in populis, quos cendidit Advena Dido, Poscere caede d.os ver.iam, ac flagrantibus aris (Infandum dictu) parvos imponere natos." Lib. 4. The ancimt Germans, although in the habit of sacri- ficing prisoners taken in battle, do not appear to have been addicted to the crime of infanticide. Tacitus, in describing their manners, mentions a contrary practice as one of. the peculiarities distinguishing their charac- ter : 4t Numerum liberorum finire, ant quenquam ex 44 agnatis necare, flagitium habetur'i"." Among the Visigoths, the murder of infants was a common crime. Chindaswinthus, one of their kings, in his laws, describes the procuring of abortion, as well as the murder of children after they are born, as prac- tices that were prevalent in the provinces, and denoun- ced severe penalties on the perpetrators of those crimeft. * An. Univ. Hi-t. vol. xvii. p. 257. t De Moiib. Germ. xix. X Kyan on the Effects of Religion on Mankind, p. 110. 21 But infanticide was not confined to the ancients. It has descended to modern nations, and at the present day disgraces Eastern and Southern Asia by its enormities. The Chinese are notorious for their cold indiffer- ence in the exposure and murder of their children. According to Mr. Barrow, the number of children exposed in Pekin alone, amounts to 9000 annual- ly. No law exists to prevent it. On the contra- ry, it appears rather to be encouraged, inasmuch as persons are employed by the police of the city to go through the different streets every morning in carts, to pick up all the children that may have been thrown out during the night. 44 No inquiries are made; but 44 the bodies are carried to a common pit without the 44 walls of the city, into which all, whether dead or 44 living, are promiscuously thrown*." The practice is not confined to the Capital; it prevails also in other parts of the country. It is calculated that the number of infants destroyed in Pekin, are about equal to that of all the rest of the empiref. Almost all those that are exposed are females. The causes assigned for its prevalence, are extreme poverty, arising from an overgrowth of population; frequent and dreadful famines springing from the same cause; the natural coldness of affection in the Chinese; to- gether with the sanction of custom, and the want of any law forbidding it. Among the Hindoos, infanticide presents itself in a form still more horrible. It is incorporated into their system of religion, and its atrocities are beyond de- scription. The blood of their infants seems to have * Barrow's Travels in China, p. 113. Am. Ed. t Ibid. 114. Vide also Pe Pauw's Philosophical Dissert on the Egyptian- and Chinese 6 22 quenched completely the sacred flame of humanity; while the lights of reason and truth are extinguished by the absurdities of superstition. This crime has exist- ed among them for at least 2000 years; for Greek and Roman Historians notice it, and refer to some of the very places where it is now known to exist*. The num- ber of infantile murders in the provinces of Cutch and Guzerat alone, amounted, according to the lowest cal- culation in 1807, to 3000 annually t- According to an- other computation, 30,000. Females are almost the only victims. In defence of the practice, they urge the difficulty of rearing female children, the expense at- tending their education, and the small probability there is of their ever being marriedj. Within a few years, through the benevolent exertions of some of the sub- jects of Great Britain, infanticide has been completely abolished in many of the provinces. Mr. Duncan, go- vernor of Bombay, Marquis Wellesley, and Col. Walk- er, were the persons who took the lead in this affair, and by whose energy and perseverance, results, so honourable to themselves, and which may be expected to have a beneficent influence on the progress of civi- lization, were accomplished. In Otaheitei infanticide is so common, that it threatens the complete depopulation of the Island. According to a late voyager§, at least two-thirds of the children born are destroyed.- The effect which it has had in diminishing the number of inhabitants is astonishing; and affords a strong fact in refutation of the doctrines * Buchanan's Researches in Asia, Eng. Ed. p. 49. t Ibid. p. 49. X Dr. Buchanan states, that two modes of putting the child to death are principally prevalent. As soon as it is known to be a female, a piece erf opium is put into its mouth; or the umbilical cord is drawn over its face which, by preventing respiration, destroys it. Researches in Asia, p. 47. i Turabull's Voyage round the World in 1800, 2,3, and 4. 23 ©f Malthus and Hume, who maintain, that the practice of destroying children has a direct tendency to aug- ment population. In 1774, when Captain Cook visited the Island, he found it to contain 204,000 souls*. In less than thirty years after, this terrestrial paradise, blessed with a genial climate and a luxuriant soil, was reduced to 5000 inhabitantst. Turnbull relates, that 44 the Mis- 44 sionaries made two tours whilst he was in the Island, 44 and in each of which they numbered the people; ac- 44 cording to the first calculation, they were 7000, but 44 in the last they very little exceeded fivej/1 It is not to be supposed that this enormous diminu- tion of population is to be attributed solely to this cause. Other causes have doubtless co-operated, par- ticularly certain diseases, which prevail to a great ex- tent, such as fevers, dysentery, phthisis pulmonalis, and scrofula§. AH travellers, however, who have vi- sited the Island, concur in the opinion, that the effects of infanticide are infinitely more injurious to the popu- lation than all the other causes combined. The natives of New South IValcs resort to violent and unnatural compression of the body of the mother, in order to procure abortion. This process is called by them Mee-bra. Another practice still more shocking prevails, of burying a child with its mother if she hap- pens to die||. Among the Hottodots, infanticide appears to be a common crime Barrow describes a race of them called Bojcsmans, who destroy their offspring on vari- ous occasions : as 44 when they are in want of food; * Cook's 2d Voyage, vol. l.p. 349. t lurnbull, vol. 3, p. 77. X Ibid. vol. 3, p. 778. i Edinb. Med. & Sun;. Jour. vol. 2, p. 284—90. f| Collins' Account of the Colony of New South Wales, p. 124. 5. Edin. Rev. vol. 2, p. 34. 24 44 when the father of a child has forsaken its mother; 41 or when obliged to fly from the boors and others; 41 in which case, they will strangle them, smother them* 44 cast them away in the desert, or bury them alive*." The Mahometans do not appear to attach any cri- minality to child-murder. On the contrary, the very sources of honour and authority among them are pol- luted by it. Even the palace of the Sultan is constant- ly stained by the blood of infants. Thornton states, that the offspring of the younger princes of the royal family, who are kept in honourable confinement in the palace, are destroyed as soon as they are bornf. And Blacquiere accounts for the smallness of the number of children belonging to the Bashaw of Tripoli, from the fact of his encouraging his wives to evade their ac- couchementsf. Even in Iceland we find traces of this inhuman crime; that island, which appeared in the distant horizon as the watch tower of genius and learning, at a time when ignorance and superstition waved their triumphant ban- ners over the prostrate glories of Europe ; along whose majestic mountains, and in whose sacred retreats, poesy was still heard to sing, when her notes were lost at Athens and at Rome; and from whose shores elo- quence continued to roll her thunders over the billows of the ocean, when her tongue was palsied in the forum and the senate; even in this island, so celebrated and so favoured, the detestable crime of exposing in- fants was at one time not prohibited. The custom ap- pears to have been derived from their Norwegian an- cestors, among whom it continued to prevail for nearly ^i-----------------------... • Barrow's account of a Journey in Africa in 1801 & 2- p. 378, 9. t The present state of Tutkey, &c.bv Thomas Thornton, Esq. vol.1,p. 120. % Letters from the Mediterranean, by E. Blacquiere, Esq. vol. 1, p. 90. 25 one hundred years after it had been abolished in Ice- land. It became extinct shortly after the introduction of Christianity into the island, which event took place at the end of the tenth century*. If we turn our attention from the Old World, and direct it to the New, we shall find this crime presenting itself under forms no less horrible and disgusting. Among the natives about Hudson's Bay, it is common • for the women to procure abortion by the use of a cer- tain herb which grows theref. In Labrador, the Moravian Missionaries who first landed there, found it a prevailing custom to put to death their widows and orphans; not to gratify a na- tural ferocity of disposition, but merely on account of a supposed inability to provide the means of support for the helpless orphan or the desolate widow of an- other. By the exertions of the Missionaries, the prac- tice was arrested^. Nor were the savages of these inclement regions the only people who were guilty of this horrid crime. The gloomy superstition of the Mexicans delighted in hu- man sacrifices, and the altars of their Divinities were continually drenched with the blood of infants and of men§. The number of these sacrifices has doubtless been exaggerated; but the fact is unquestionable, that countless victims poured forth their lives to appease or conciliate their imaginary deities. The mothers in California are described as volunta- rily destroying their offspring. Venegas states, that * Dr. Holland's Preliminary Dis.-ertation on the Hist, and Lit. of Iceland. in Sir G. Mackenzie's Travels. Edin. 2d Ed. p. 39. t Ellis's Voyage to Hudson's Bay, p. 193. X Barrow's Account of a Journey in Africa in 1801 and ?. Edin. Rev toI. 8, p. 438. & Robertson's Hist, of Amer. vol. 3, p. 325. 26 the common cause of it was a scarcity of food, and that the practice was put a stop to by the father Salva- Tierra, who ordered a double allowance to be given to women newly delivered*. Charlevoix describes a race of Savages in North America, who make a practice of destroying all infants who are so unfortunate as to lose their mothers before they are weaned; at the same time, they inter alive all the other children, upon the plea that no other fe- • male can nurse them properly^. The Peruvians, whom Dr. Robertson eulogizes for the mildness of their manners, and the benevolent spi- rit of their religion^, were nevertheless in the habit of sacrificing children. Acosta tells us, that in such cases as the sickness of the Inca, or doubtful success in war and other affairs, ten children were sacrificed; and upon the coronation of the Inca, 200 were offered up. When a Peruvian father was taken sick, he sacrificed his son to Viriachocha, (the sun,) beseeching him to ac- cept of the life of his child and to save his own§. The same writer, when comparing the Peruvians and Mexi- cans, describes the former as exceeding the latter in the sacrificing of children, while the latter were chiefly addicted to the sacrifice of men taken in battle, of whom they murdered an immense number. Robertson en- deavours to rescue them from this charge by invalidat- ing the testimony of Acosta: he cannot, however, help confessing that the practice did prevail among 44 their 44 uncivilized ancestors," but he adds, 44 that it was to- * Hist, of California, by Miguel Venegas, London, 1759, vol. I, p. 82. In the Library of the New-York Historical Society. t Journal d'un Voyage a L'Amerique Septentrionale ; par le P. J)e Charle- voix, a Paris, 1744, torn. 3, p. 368. In the Library of the N. Y. Hist. Soc'y. X Hist, of Amer. vol. 3, p. 335. i Hist, of the Indies, 1. v. c. 19. 27 *• tally abolished by the Incas, and that no human vic- 44 tim was ever offered in any temple of the Sun." He admits, moreover, that 44 in one of their festivals, the 44 Peruvians offered cakes of bread moistened with 44 blood drawn from the arms, the eye brows, and noses 44 of their children. This rite may have been derived," he says, 44 from the ancient practice in their uncivilized 44 state, of sacrificing human victims*." Besides those that have been enumerated, travellers record the names of other tribes and nations inhabiting this vast continent, who murder their children with impunity and without remorse. They tell us of the Abiponians, a migratory race, inhabiting the province ofChaco in Paraguay, among whom, mothers have been known to destroy all their children as soon as they were bornt. And of the Araucanians, a powerful nation of Chili, who permit fathers and husbands to kill their children and wivesj. But it is unnecessary to extend this sketch any fur- ther. Enough has been recorded to give a view of the wide spread desolations of this unnatural crime, certainly too much for the honour of human nature. » Hist, of America, vol. 3, p. 429. t Edin. Encyclop. Art. Abiponians. X Ibid. Art. America. CHAPTER II. MEDICO-LEGAL HISTORY. By Infanticide, in its most extensive signification, is understood, the destruction of the Foetus in Utero, or of the child after it is born. It therefore includes the con- sideration of the various means by which abortion may be procured, and the characteristics by which it may be known; as also the signs by which the murder of the child after birth may be detected. OF ABORTION, Before proceeding to an enumeration of the signs of an abortion, it may be proper to make a few re- marks on the period at which the foetus is to be consider- ed as alive. In reviewing the various opinions on this subject, we shall have abundant reason to confess, that fancy has too often usurped the prerogative of reason, and idle speculation has been substituted in the place of rational investigation. The consequence has been, that opinions have been promulgated, not only the most erroneous and absurd in their nature, but the most dangerous in their tendencies, to the happiness of individuals, and to the best interests of community. The ancients were by far the most extravagant in their notions on this subject. The same fundamental 29 error, however, pervaded all their theories. They believed that the sentient and vital principle was not infused into the foetus until some time after conception had taken place. It is not surprising that the exact time at which this union is effected, could never be satisfactorily settled by them. According to Hippo- crates, the male foetus became animated in thirty days after conception, while the female required forty-two*. In another part of his works he asserts, that this does not occur until the perfect organization of the foetus. The Stoics believed that the soul was not united to the body before the act of respiration, and consequent- ly, that the foetus was inanimate during the whole pe- riod of utero-gestationt- This doctrine prevailed un- til the reigns of Antoninus and Severus, when it gave way to the more popular sentiments of the sect of the Academy under Zeno, who maintained, that the foetus became animated at a certain period of gestation. The Canon Law of the Church of Rome, also distinguished between the animate and inanimate foetus, and punished the destruction of the former with the same severity as homicidej. Galen considers the animation of the foetus to take place on the fortieth day after conception, at the same time that he supposed the foetus to become organized^. Others believed shorter periods sufficient, and accord- ingly three days and seven have respectively had their advocates||. Another contends, that eighty days are requisite for the animation of the female, while only forty are necessary for the maleH. Some advocate * Lib. de Nat. Puer. Num. 10. t Plutarch's Moials, vol. 3, p. 2jo. Lend. X P. Zacchine Quaest. Med.-Leg, lib. ix. tit. 1, 2, 3, p. 744. Frankfort, 1688, § Opera Galeni, de Usu Part. lib. 15, cap. 5. Lugduni, 1643. f| P. Zacchiae Qua?st. Med.-Leg. lib. i. tit. 2. Q. x. p. 82. rr Ibid. F 30 forty days as sufficient for both*. Others again make a distinction between the imperfect embryo and the perfectly formed foetus, and consider abortion of the latter as a crime deserving the same punishment as homicide; a distinction^of which, it is justly remarked by a celebrated writer]" on medical jurisprudence, 44 ennemie de la morale et de l'humanite, digne de 44 1'ignorance et des prejuges de ses auteurs." Amidst these discordant sentiments, Zacchias offers himself as a mediator, and proposes sixty days as the limit, and recommends that any one who should cause an abortion after that period, whether of male or female, should be punished for homicidej. All the foregoing opinions, wholly unsupported either by argument or experiment, might be dismissed with- out a comment, were it not to point out the evils to which they have given rise. It may be said of them with perfect truth, that their direct tendency has been to countenance, rather than to discourage abortion, at least in the earlier stages of pregnancy. On a sub- ject of this nature, it was to be supposed that legal de- cisions would be influenced in a great measure by the opinions of Philosophers and Physiologists; and ac- cordingly, while the delusion of the Stoics continued its sway, the law could view nothing very criminal in wilful abortion§, as the foetus was considered merely portio vis- cerum matris||. And afterwards, when the Academicians flourished, punishments very different, in the degree of their severity, were inflicted, according as the abor- * P. Zacchiae Quorst. Med.-Leg. lib. i. tit. 2. Q. x. p. 82. t Foder£, torn. iv. p. 384. X Quaest. Medico Legal, lib. i. tit. 2. Q. s. p. 83. * Traite de Medecine Legale et D'Hygiene Publique, &c. Par. F. E. Fo- dere, torn. iv. p. 332. || Plutarch's Moral?, vol. iii. p. $30. 31 tion was supposed to be that of an animate or inanimate fcetus* In modern times, an error no less absurd, and at- tended with consequences equally injurious, has re- ceived the sanction, not merely of popular belief, but even of the laws of most civilized countries The error consists in denying to the foetus any vitality until after the time of quickening. The codes of almost every civilized nation have this principle incorporated into them, and accordingly, the punishment which they denounce against abortion, procured after quickening, is much severer than before. The English Law, 4t considers life not to commence 44 before the infant is able to stir in its mother's wombf."' The law of Scotland, adopting the creed of the Stoics, believes the fcetus in utero, previous to quickening, to be merely pars viscerum matris. In Saxony, in con- sequence of the disputes of medical men on this sub- ject, it was formally decided, that the foetus might be esteemed alive after the half of pregnancy had gone byt The absurdity of the principle upon which these distinctions are founded, is of easy demonstration. The fcetus, previous to the time of quickening, must be either dead or alive. Now, that it is not the former, is most evident from neither putrefaction nor decom- position taking place, which would be the inevitable consequences of an extinction of the vital principle. To say that the.connection with the mother prevents this, is wholly untenable. Facts are opposed to it. Foetuses do actually die in the uterus before quickening, and then^all the signs of death are present. The cm- » Traite de Med. Leg. par F. E. Foder6, torn. iv. p. 382. t BlackstoncV Commentaries on the Laws of England, vol. i. p. 129. + Specimen J uridicurn Inaugurate, p. 46. Lugduni Batavoruro, 1760 32 bryo, therefore, before that crisis, must be in a state dif- ferent from that of death, and this can be no other than life. But if the foetus enjoys life at so early a period, it may be asked, why no indications of it are given be- fore the time at which quickening generally takes place ? To this it may be answered, that the absence of any consciousness on the part of the mother, rela- tive to the motions of the child, is no proof whatever that such motions do not exist. It is a well known fact, that in the earlier part of pregnancy, the quantity of the liquor amnii is much greater in proportion to the size of the fcetus, than at subsequent periods. Is it not, therefore, rational to suppose, that the embryo may, at first, float in the waters without the mother being conscious of its movements ; but that afterwards, when it has increased in bulk, and the waters are diminished in proportion, it should make distinct and perceptible impressions upon the uterus? Besides, it should not be forgotten, that foetal life at first" must of necessity be extremely feeble, and therefore, it ought not to be considered strange, that muscular action should also be proportionably weak. But granting, for the sake of argument, that the foetus does not stir previously to quickening, what does the whole objection amount to? Why, only that one evidence of \itality, viz. motion, is wanting; and we need not be told, that this sign is not essential to the existence of life*. The incompleteness of the embryo previous to quick- * There iga difference of opinion as to the real nature of quickening. It has been lately suggested by a writer, that it is altogether independent of any motion of the child, and that it is to be attributed to the sudden rising of the Uterus out of the Pelvic Cavity into the abdomen*. If this opinion were true, * Lond. Med. and rtiys.Journal, vol. 27. p. 441 33 ening, is no objection to its vitality. Life does not de- pend upon a complication of organs; on the contrary, it is found that some of the simplest animals, as the polypi, are the most tenacious of life. Besides, upon this principle, vitality must be denied to the child after birth, because many of its bones, as well as other parts of its body, are imperfect. Nor is the want of organic action any argument against this doctrine. Life appears to depend essentially as lit- tle upon organic action, as it does upon a complication of organs. If it did, the fcetus, after quickening, would be just as destitute of life as it was before; for its brain, lungs, stomach, and intestinal canal, perform no more action at the eighth month than they do at the third. But if organic action be essential to life, how are we to account for those singular cases of foetuses born alive, and yet destitute of some of the most im- portant organs in the body, such as the head, brain, &c* ? and how are we to explain those temporary sus- pensions of organic action in the bodies of adults which sometimes happen, without the principle of life being extinguished ? The observations of Physiologists, tend also to prove the vitality of the foetus previously to quickening. Ac- cording to Blumenbacht, blood is perceived about the it would afford another incontrovertible argument in favour of the position which I have advocated. Almost all writers on obstetrics, however, unite in referring this peculiar sensation to the movements of the child; and Mr. Burns particularly cautions us not to confound this « fetal motion with the sensation felt by the mother " from the uterus rising cut of the pelvis, and which precedes the feeling of " fluttering*." I cannot refrain from adding, that Dr. Hosack, who, in his extensive practice, has enjoyed the best opportunities for observation, con- curs in the same sentiment. * Saumarez's Physiology, vol. ii. p. 21. Review of Sir E. Home's Paper on the Functions of the Brain. Edin. Rev. vol. xxiv. p. 439. t Bluraenbach's Phys. and Richerand's Phy?. * Burn's Principles of M ciwiferv. p. l'.r En* £<>■ m- 34 seventeenth day after conception, together with the pulsation of the heart, and not long after the different organs have commenced their developement. Mauri- ceau relates, that he saw a foetus of about ten weeks, that was alive, moved its arms and legs, and opened its J mouth*. Haller, indeed, asserted,44 that all the viscera 44 and bones of the future fcetus, nearly fluid, indeed, and 44 therefore invisible, were pre-formed before concep- 44 tion in the maternal germ." However objectionable such an opinion may be, yet the fact is certain, that the embryo enjoys life long before the sensation of quickening is felt by the mother. Indeed, no other doctrine appears to be consonant with reason or physiology, but that which admits the foetus to possess vitality from the very moment of conception. If physiology and reason justify the position just laid down, we must consider those laws which treat with less severity the crime of producing abortion at an early period of gestation, as immoral and unjust. They tempt to the perpetration of the same crime at one time, which, at another, they punish with death. In the language of the admirable Percival, 44 to extin- 44 guish the first spark of life, is a crime of the same " nature, both against our Maker and society, as to 44 destroy an infant, a child, or a man; these regular 44 and successive stages of existence being the ordi- *• nances of God, subject alone to his divine will, and 44 appointed by sovereign wisdom and goodness as the 44 exclusive means of preserving the race, and multiply- 44 ing the enjoyments of mankindf." Hippocrates cherished similar sentiments, and he accordingly, in his work on the Oaths and Duties of * Burton's Midwifery, p. 88. t Percival's Works, vol. ii. p. 430, 1. 35 Physicians, expressly forbids the attempt at abor- tion*. The practice of causing abortion is resorted to by unmarried females, who, through imprudence or mis- fortune, have become pregnant, to avoid the disgrace which would attach to them from having a living child; and sometimes, it is even employed by married women to obviate a repetition of peculiarly severe labour-pains, which they may have previously suffered. But abor- tion is not always associated with crime and disgrace; it may arise from causes perfectly natural and alto- gether beyond the control of the female. The Phy- sician should, therefore, be extremely cautious in his proceedings, even in cases of illegitimate pregnancy, and where the voice of popular prejudice seems to call upon the medical witness merely to confirm its pre- vious, and often false decisions. Two questions demand the consideration of a physi- cian called to a reputed case ofabortion: Has the wo- man had an abortion ? By what means was it brought about? According to the answers given to these in- quiries must his testimony be regulated. Signs of abortion.—In the early months of pregnancy, it is extremely difficult to ascertain whether an abortion has taken place or not. The foetus has scarcely had time to make those firm attachments which afterwards. unite it to the womb; nor has it attained to a sufficient size to effect those general changes in the constitution of the mother ; nor those local alterations from the dis- tention of the uterus and abdomen, which are after- wards produced. Its separation is, therefore, unattend- ed by violence, and leaves but faint, if any traces of its previous existence. The hoemorrhage attending it is * Med. Leg. par Fodere, torn. iv. p. 331. 3G also of small consequence, as the uterine vessels have not yet sustained any particular enlargement, and, therefore, speedily contract. In abortions at the middle or end of pregnancy, this obscurity does not attend us. The characteristics are then sufficiently evident for our guidance. There is considerable hoemorrhage from the enlarged vessels of the uterus previously to the contraction of the womb; —there is an offensive discharge of blood and mucus from the vagina; distinguished from the menstrual flux by this circumstance, and by its longer continu- ance: the menses continuing, usually, only three or four days, while the lochia do not cease flow- ing under seven or eight;—the vagina is considerably dilated, and the os uteri open;—the labia are red, soft, and inflated ;—the breasts are swollen, and milk flows from them;—the areolae of the nipples are larger and darker coloured than usual;—and the abdomen is flac- cid, rugous, and pendulous*. If the abortion ends in the death of the mother, the following appearances will be recognized on dissection; for it may sometimes be necessary to settle the point after her death, as in cases where another person is accused of having procured it by the administration of medicines, which may have caused not only the death of the child, but also of the mother. In the early months, no extraordinary appearances are to be detected; as the fcetus was expelled perhaps before the placenta was at all, or very slightly at- tached to the uterus, sq that its separation would leave no visible mark; and from its smallness, it had caused * Vide Zacchias' Qurest. Med. Leg. Fodere's Med. Leg. Brendelius1 Med. Leg. Burns' Midwifery. Males' Med. Jurisprudence, and t)r. String- ham's MS. Notes on Legal Medicine. 37 no distention nor thickening of the uterus. But at a later period, the uterus i3 found enlarged and thickened—its muscular fibres are more evident, and its blood vessels and lymphatics much augmented in size;—a rough sur- face is found where the placenta has been attached;— the cervix uteri is relaxed, and the vagina considerably dilated ;—the ligamenta rotunda are relaxed, and the ligamenta lata nearly effaced, as they furnish the ute- rus with its external covering Upon examining the ovaria, if it be done a short time after the ovum has escaped from them, a corpus luteum is found, which vanishes soon after, but leaves a scar for life. Such are the evidences furnished by dissection; and where they are found, afford incontestable proof of the previous existence of a fcetus in the uterus. I know that objections have been urged against their validity. A late English writer on this subject, says, 4i that the distention of the uterus 44 might arise from hydatids, or moles, and the inequali- 44 ty of its internal surface, occasioned by their attach- 44 ment* " And even with regard to the corpora lutea, he appears to be inclined to the belief that they may ex- ist in virgins. Let us examine this objection for a mo- ment.—That the enlargement of the uterus, the relaxa- tion of the cervix uteri and ligamenta rotunda, as well as the obliteration of the ligamenta lata, may be occasioned by the causes here assigned, will not admit of any dis- pute ; but the other phenomena cannot possibly be ex- plained, unless by admitting pregnancy to be the cause. Hydatids, although not of frequent occurrence, are some- times found in the uterusj"; but they can never occasion * Medical Jurisprudence, by .Males, p. 120. t A c.iS': is related in the Med. &• Philos, Register, by Dn. Ho«ack and Francis, vo! iv. p. 519. 38 the placental mark, the preternatural enlargement of the uterine vessels, nor the corpora lutea. This will ap- pear obvious from the following facts. The placental sur- face is between four and and five inches in diameter. Now if any degree of credit is to be attached to the descriptions given by distinguished Physicians of hydatids, they are never attached by so extensive a surface. Dr. Den- man, in relating a case of this kind, says that the 44 hy- 44 datids, or small vesicles, hung together in clusters 44 from one common stem, and containing a watery 44 fluid*." According to Dr. Baillie, the celebrated anatomist, 44 they consist of vesicles of a round or 44 oval shape, with a narrow stalk by which they ad- 44 here to the outside of one another. Some of these 44 hydatids are as large as a walnut, and others, as 44 small as a pin's head A large hydatid has generally 44 a number of small hydatids adhering to it by a narrow 44 process"f." From these descriptions, it is obvious that the surface caused by the attachment of hydatids to the uterus, must be very different from that of the placenta. It would indeed be absurd to imagine that this narrow stalk could be of such magnitude as to have a diameter of four or five inches. No less ab- surd is it to suppose that hydatids can cause such an enlargement of the uterine vessels as takes place in cases of pregnancy; for, from their very constitution, they cannot require any thing like the quantity of blood which is necessary to support the growth of a fcetusj. * Introduction to the Practice of Midwifery, vol. i. p. 117. t Morbid Anatomy. X These were substantially the grounds upon which the Medical witnesses, at the late celebrated Trial of Charles Angus, Esq. of Liverpool, for the mur- der of Miss Burns, in 1808, declared their belief of her having been pregnant. Dr. Carson alone objected, and stated, that he believed hydatids might havj cauied the appearances in the uterus. This, together with his testimony o 39 With regard to the corpora lutea, the experiments of De Graaf upon rabbits, long since proved that their existence is a certain indication of previous impregna- tion ; and the recent experiments of Dr. Haighton con- firm the same doctrine*. The preceding observations will apply also to moles, although not with equal force. But in all cases of this kind, where the symptoms of pregnancy are said to arise either from moles or hydatids, it is reasonably to be expected that they should be produced in evidence. If they are not, this very fact would justify more than a suspicion of guilt; for no other cause could be assign- ed for the concealment of a circumstance which would at once place the innocence of the accused upon an un- shaken basis. Such are the signs by which an abortion may be re- cognized. Nothing, however, can be learned from them as to the cause of it, for the symptoms of natural and unnatural abortion are precisely the samef. A Physician, when called to a case of abortion, is usually directed by practical writers, to make his examinations as speedily as possible after the event is supposed to have taken place, as all the parts from which any inference can be drawn, soon return to their natural dimensions, and then all the signs become obscured. The "time in which this takes place is variously stated. According to Zacchias, the signs are most conspicuous during the first ten days, and ccrning the perforation of her stomach, cleared the accused. Vide a most able and triumphant vindication of the other Medical witnessc-, written by ])r. Bostock, Liverpool, 1808. Also, an article on this subject in the New England Journal, vol. vi. No. 2, by T. R. Beck, M. D. &c. • Burns' Midwifery, Note by Dr. Chapman, p. 129. t Males' Med. Jurisp. p. 119. 40 after that, they gradually diminish to the fortieth*. Burns says it is a month after delivery, at least, before the womb returns to its unimpregnated statef Dr. Bostock states, that the complete contraction seldom takes place 44 in less than eighteen days, and it is often 44 morej." The causes of abortion come next to be considered. These are various, and it requires the exercise of the Phvsician's acutest sagacity, to enable him to dis- criminate in such a manner as to decide correctly. They all, however, appear to act upon the same prin- ciple, viz. that of interrupting the process of gestation, and exciting the uterus to premature contraction upon its contents, so as to expel them. The criminal means that have been resorted to for this purpose, are, repeated venesection; drastic purges ; powerful emetics; mer- curial salivation; diuretics; emmenagogues; violent exercise; and electricity^. It may be remarked, that all these act primarily upon the general constitution, and produce their ef- fects upon the uterus, only in consequence of the sym- pathy existing between it and the other organs in the body. Hence it has been noticed by practical ob- servers, that all of them will fail in producing the in- tended effect, unless used to such an extent, as at the same time to endanger the life of the mother||, or un- less she labours under a previous pre-disposition to abortion. * Burns' Midwifery, p. 315. • t Quaest. Med. Leg lib. hi. tit. 2, Q. ix. p. 303. $ Vindication of the Medical witnesses on the Trial of C. Angus, Esq. for the murder of Miss Burn?. Liverpool, 1808. i ''-ed. Leg par Fodeie, torn, iv p. 423. Males' Medical Jurisprudence, and Stringham's . S. No'.'s on Leg. Medicine. [] Med. Leg. par FoderS, torn. iv. p. 431, 41 But there are other means, more local in their ope- ration, .tid far more certain in their results; as blows on the abdomen and lumbar region; and the introduc- tion of an instrument into the womb, which, by rup- turing the membranes, destroys the child. In France and some other European countries, this latter me- thod has been extensively adopted, and has been attended with the most fatal success. In this class of abortives, I am induced also to place ergot or spurred rye, an article which has lately been intro- duced into our Materia Medica, and which has a most wonderful power in exciting uterine actions*. The natural causes of abortion should always be kept in view in medico-legal investigations on this subject, so that we may not attribute to criminal interference, what is owing to some morbid derangement. Diseases of various kinds, as rheumatism, pleurisy, small-pox, ty- phus and yellow fevers, scarlatina, syphilis, and mea- sles, operating on a system pre-disposed by nervous irritability; a diseased state of the uterus ; the intempe- rate use of spirituous liquors, or of certain medicines, particularly iron and mercury; irritation of the neigh- bouring organs, from costiveness, tenesmus of dysen- tery, hoemorrhoids, prolapsus ani, piles, diarrhoea, incon- tinence of urine, and the excessive use of aloetic medi- cines; errors in regimen and diet; violent exercise, as in walking, dancing, riding, running, &c.; accidental falls; a sudden contortion or shockf of the body; in- * Dr. Hosack has just favoured me with the account of an abortion occa- sioned by the imprudent administration of this substance, to accelerate the delivery of a woman in this city. It is to be hoped, that an article of such prodigious power as this appears to be, might be used with more caution : at any rate, there should be some legal prohibition against its indiscriminate pre- scription by Old Women and Quacks. t The pulling of a tooth, for instance, has been known to produce abor- tion. Burr.s on Abortion, p. 64. 42 dulgence of any violent passion of the mind, whether joyful or sad ; the relation of any unexpected intelli- gence ; a great noise; the appearance of any extraor- dinary object; the refusal of any particular article of diet which she may desire ; previous abortion; fluor albus ; excessive venery; accidental blows on the ab- domen ; the death of the fcetus ; the attachment of the placenta over the os uteri; retroversion of the womb; hoemorrhage, from whatever source or at any period* ; all or any of these causes may give rise to abortion, with- out the imputation of the least criminality to the female. The influence of the passions upon the uterine functions is peculiarly striking. Dr Hosack describes the contagious effects of sympathy, as he witnessed them on a large scale in the Infirmary of Edinburghf. It is an extraordinary fact, that the melancholy and sadness caused by some great evil which is known and expected, are much less injurious to a pregnant wo- man, than the annunciation of some important good, or even a trifling misfortune which is unexpected. Fodere relates the case of some pregnant women, who, during the horrors of the French revolution, were confined in dun- geons and condemned to death; their execution was, however, delayed in consequence of the peculiarity of their situation. Yet notwithstanding the actual wretched- ness of their condition, and the more terrible anticipa- tion of future suffering, they went on to the full time, during which period, a fortunate change in the state of parties rescued them from unmerited punishment];. * Med. Leg. par Fodere, torn. iv. p. 422. Burton's Midwifery, p. 281. Burns' Midwifery, p. 161. Burns on Abortion. Hamilton's Midwifery. Hosack's MS. Notes on Midwifery. t MS. Notes of Lectures on Midwifery. X M6d. hrx. torn. iv. p. 422. 43 Having thus concisely noticed the signs and causes of abortion, 1 shall make a remark or two upon the cir- cumstantial evidence which may be adduced to prove the guilt of the woman. I. She is accused of having concealed her pregnancy.— That she should do so is natural enough. Indeed it is wonderful that a circumstance of this kind should ever have been considered the least proof of guilt. That must, indeed, be a female lost to all shame and sensi- bility, who would proclaim her condition before it was no longer in her power to conceal it. Even when she knows it must soon be developed, it is the dictate of human nature to protract the ill-fated moment to the last. It is in truth the remaining spark of virtuous feeling which prompts her actions. 2. But she has made no preparation for confinement.— This is generally esteemed a most essential point in determining the guilt or innocence of the female; but certainly without the least foundation in justice. No- thing is more inconclusive; a designing woman may pro- cure an abortion, and yet have provided clothes, &c. for lying in, for the purpose of imposing upon the jury. While an unfortunate female, for the first time in this situation, might be unacquainted with the necessary preparation, or with the time when they might be wanted, while the timidity natural to the sex, and her wish to conceal her infamy, might deter her from ask- ing counsel from others. 3. She may have feigned a particular disease.—This also is inconclusive; as it arises from her wish to con- ceal her situation. The most important inquiries to be made, relate to the means she may have adopted to bring about an abortion. If she has applied frequently to the same or to different 24 Physicians to be bled, especially in the foot;—if she has endeavoured to procure any of the medicines usu- ally given to produce this effect;—if any are found in her possession, or if she can be convicted of actually taking them without medical advice ; we have then the strongest circumstantial evidence which the nature of the case admits of, to pronounce her intention to have been criminal. These are circumstances, however, which do not strictly come under the cognizance of the professional witness; they are matters of fact, which must be decided upon from the testimony which may be offered by the other witnesses cited to appear in the case. Nothing, 1 believe, is to be learned as to the r ature of the cause of an abortion, whether it is criminal or natural, from any examination of the foetus, as its ap- pearance will be very much the same, whatever may have been the cause of its expulsion from the womb. OP THE MURDER OF THE CHILD AFTER IT IS BORN. Several questions here demand consideration : Was the woman really pregnant ? Has she been delivered of a child? Was the child born alive? Was it capable of living after birth ? What were the means used to termi- nate its existence ? I. Of the signs of pregnancy.—It is a matter of con- siderable importance to be assured that the accused was really pregnant, as not unfrequently many of the symptoms of it are present without the reality. This is particularly important in those cases where the child 45 cannot be produced. It is not necessary, in this place, to recount the signs by which this may be known. It will not, however, be irrelevant to state, that it is im- possible to fasten upon any individual symptom which shall universally characterize it. Even when a num- ber of them have concurred to induce the belief of its existence, mistakes have occasionally been committed, and pregnant women have been tapped for dropsy, and diseased women imagined themselves with child*. II. Of the signs of delivery.—These may be summed up under the following heads: 1. An extraordinary enlargement of the external or- gans of generation, occasioned by the irritation and distension during labour. "2. A preternatural distention of the vagina, from the same cause. * 3. The os uteri, is dilated so as to admit two or more fingers, its shape is nearly circular, and it has a soft and tumid feeling. !. The fiWing of the lochia, which are distinguish- ed from the menstrual discharge by their being of a paler colour; having a peculiarly disagreeable smell; and by their duration. 5. An enlargement and hardness of the breast*, ac- companied with a secretion of milk. 6. Dark colour of the areola.. Of this sign, Dr. Slrin"-|iam remarks, 4- I do not know an instance to in- 44 validate it. It does not take place when milk U se- •; cicted from any other causef/* And lastly, * Zacchias treats at full length of the uncertainty of the signs of pregnancy. «in;,-t. Med. Leg. lib. i. tit. S, Q. 1, 2, p. 36-97. Vide also, l^rns' Mid- wifery; Hosack's MS. Notes on Midwifi ry ; and Strin-ham^ M3. %">-■<. torn.'iv. p. 509. || Mahou's M6d. Leg. torn. ii. p. 422, Sec. 73 All these arguments are, however, inconclusive, when subjected to the test of fair inquiry. They con- sist either of bold assertions, or false inductions. With regard to theirs/, it is by no means true, as a general rule, that the umbilical vessels do contract sufficiently to prevent fatal hemorrhage. A few cases are, indeed, related, to the truth of which it would be difficult not to give our assent, but they may be considered as solitary exceptions, when it is known that almost every practi- tioner in midwifery can testify to the fatal effects resulting from a wilful or accidental neglect of tying the cord*. The second argument is no less unfounded than the first. That there is some difference in the structure of the human cord and that of other animals, is not mere- ly a rational conjecture, but proved by actual observa- tion. Professor Brendelius, in examining pups and heifers, found their umbilical vessels full of rugae or folds throughout the whole of their course, and their size much less, also, in proportion"!". In another place. the same writer says, that in brutes the vessels of the cord are much smaller than in man, and that when the animal is born, they are, in a measure, closed by a kind of cellular structure^. From this it appears, that in brutes there is a pecu- liar construction of the vessels of the cord, tending to interrupt the flow of blood through them, and favour- ing their speedy contraction after they have been cut. Besides, the manner in which the cord is separated in brutes facilitates contraction. It is never cut in * Burns' Midwifery, p. 447, 3d Ed. Hosack's MS. Notes on Mid. &c. &c. t Johannis G. Brendelii, Medicina Legalis sive Forensis, Hannoveriae. 1789, p. 19. X Pradectiones Academics: J. G. Brendelii iu H. F. Teichmeyeri Iaitil. Med. Leg. kc. Hanoverae, IT89, p. 1W. 74 them ; it is torn asunder, and the disposition of a vessel to contract under such circumstances is much greater. The third has still less force than either of the fore- going arguments. That arteries of inconsiderable magni- tude sometimes contract spontaneously, is granted. But that vessels of a size equal to that of the umbilical ones, do contract of themselves, cannot be admitted, when we know that very dangerous hemorrhages sometimes oc- cur from vessels even much smaller than those of the cord. If, therefore, it can be proved that this precaution has been wilfully neglected, it is perfectly fair to im- pute it to an intention to destroy the child. It should not be forgotten, that in many instances it may result from ignorance, as in a first case of pregnancy, where the mother may be wholly unacquainted with the dan- ger arising from the neglect of this circumstance. As death arises here solely from the loss of blood, it may be detected by an examination of the heart and arteries. It is well known, that in the bodies of those who have not died of hemorrhage, the arteries are found empty, whilst the heart and the veins are dis- tended ; hence, if not merely the arteries but also the heart and veins of a child are found destitute of blood, it is a certain proof of its having died of he- morrhage. INFANTICIDE BY COMMISSION. 1. Premature tying of the umbilical cord*.—We know that the circulation by the cord, and respiration, are vicarious functions, and if one be interrupted or de- * Hosack's MP. Notes on Midwiferv. &c 75 stroyed before the other is in operation, life must cease. It is accordingly laid down as an invariable rule by practical writers, that the cord should never be tied or divided, until respiration has been perfectly establish- ed*. It would be difficult, however, when death arises from this source, to impute it to a malicious design, as the presumption would generally be, that it arose from ignorance, except where a professed accoucheur was implicated. 2. Wounds, and bruises.—These resemble so much similar injuries in the adult, that it is useless to dwell at any length upon them. It should be recollect- ed, that the heads of children are sometimes very much swollen, from compression during a difficult and tedious labour. This, therefore, should not be con- founded with those swellings and bruises which are consequent upon blows voluntarily inflicted after birth. One of the most common methods of destroying a child, appears to have been that of thrusting a sharp instrument into its head through the fontanelles. Gui- Patin relates of a midwife who was executed at Paris, for having murdered several children by plunging a needle into the head while presenting at the os exter- num"!". Brendelius also speaks of the same horrible practicej. An instance of this kind is related by Bel- loc, where, upon examination, he found the instrument had penetrated to the depth of two inches into the sub- stance of the brain§. In such cases it is necessary to shave the head, when a slight ecchymosis will be found * Burns' Midwifery, p. 447.3d Ed. t Med. Leg. kc. par Mahon, torn. ii. p. 409. X Acicuhs bregmati intrusis, aut oculorum canthis internis, quorum priue comes quidam orlamindensi?, ;seculo decimo tertio fecissv legitwr.----Pradect. Academ. J. G. Brendelii, ic.p. 138. i Cours de Med. Leg. p. P3. 76 around the puncture, and it is then proper to pursue the examination into the substance of the brain to discover the extent of the wound; indeed, this minute anatomic* al investigation is absolutely requisite to detect the na- ture of the injury; for tumors and extravasations on the scalp and other parts of the body may occur during delivery, and wholly unconnected with any malicious intent. Needles, or other sharp instruments, are some- times thrust into other parts of the child; such as the temples, the internal canthus of the eyes*, the neck, the thorax about the region of the heart"!", and the abdo- men. Similar investigations with those above men- tioned must be resorted to in all these cases; and where, from the situation of the wound, it is evident that it must have been inflicted after delivery, particu- lar attention must be paid to the state of the lungs to discover if the child had respired. In all examinations of contusions, two cautions ought to be observed; viz. to distinguish them from the dis- coloured spots which appear on the surface of the body, at the commencement of putrefaction; and, not to confound accidents which may occur during dissec- tion, with those resulting from blows and other acts of violence. 3. The death of a new-born infant may be caused by preventing its respiration. This may be accomplish- ed in various ways; viz. by drowning, hanging, or strangulation; smothering under bed-clothes, &c.; suffocating, by thrusting various articles into the mouth and nostrils. Drowning.—If a child is found immersed in water, * Prelect. Academ. J. G. Brendelii, p. 188. + Fodere's Med. Leg. torn. iv. p. 492. 77 the questions to be determined are, Was it born alive r —and is drowning the cause of its death? According to De Haen, the proximate cause of drowning was a repletion of the lungs with water, by which the arteries were compressed, and the circula- tion interrupted. If this theory were founded in truth, we should always be provided with an infallible sign of drowning. The experiments of Dr. Goodwyn have,. however, proved the fallacy of this opinion, for he fo'jnd, on opening animals that had been drown- ed, that only a small quantity of water had enter- ed their lungs. It is unnecessary, however, in this place, to enter into any consideration of the theo- ry of drowning. It is only requisite to state the signs by which it is characterized and may be known. Dis- section can alone develope these, and to it recourse must be had in every case of this kind. Dr. Goodwyn, in his examinations of drowned animals immediately after death, found that the lungs contained a conside- rable quantity of a frothy fluid, occasioned probablj by the water which enters the lungs, mixing with the pulmo- nary mucus;—and that the pulmonary arteries and veins were completely filled with black blood. On examining the heart, the right auricle and ventricle were perceiv- ed still contracting and dilating; but the left ventricle was motionless, though its auricle still moved feebly; on opening the heart, the right auricle and ventricle, together with the left auricle and sinus, were filled with black blood; the left ventricle was only about half full of this blood, and the trunks and smaller branches of the arteries proceeding from it, contained some of this black blood also. In the brain, no extra- 78 vasations were found, and no other appearance than its surface being of a darker colour than natural*. Hanging or Strangulation.—Where a cord has been used, a circular mark will be perceived around the neck; in other instances, ecchymoses will be found on the neck; the face livid; tongue swollen and project- ing, and mouth frothy. On dissection, the vessels of the pia mater and the jugular veins are gorged with blood, and the lungs are livid and covered with spots"!". It is objected to the correctness of any decision unfa- vourable to the accused, that all these signs may have been the result of accidental strangulation, from the umbilical cord encircling the neck of the child while yet in the uterus. Instances of this kind have doubt- less occurredj, but they are rare, and can only happen when the cord is of an extraordinary length^. They can also be very easily distinguished from wilful stran- gulation after birth, by experiments upon the lungs. In the former, the child cannot have respired ; and this will be indicated by the application of the various tests which have been pointed out. Besides this, there are other marks of discrimination. In the latter, there are perhaps the traces of fingers left on the neck in the form of ecchymoses; or an excoriation of the epider- mis; while in the former, from the lubricity of the um- bilical cord, this will not be found. There is another accident sometimes occurring to the cord, which it is of consequence to recollect:—it is * Goodwyn on the Connection of Life and Respiration; and Edinburgh Encyc. Art. Drowning. t Med. Leg. &c. par Mahon, torn. ii. p. 410. X Burns' Midwifery, p. 142, 3d Ed. * Bums says the usual length of the cord is two feet. p. 142, 79 the formation of knots in it, occasioned probably by the child passing through a coil of it during labour. Smel- lie relates an extraordinary instance of this kind*. A similar one fell under the notice of Dr. Hosack. Now in cases of this kind, where the child was born dead, or died a short time after, ignorance might impute the existence of these knots to a criminal intention on the part of the mother. The method of detecting this, is similar to that in the former case. The length of the cord must be noticed, as they can only take place where it is very long; and experiments must be made upon the lungs to determine if the child was born alive. When the child has been smother td under bed- clothes, &c. the circumstances upon which to form a decision, that wilful murder has been committed, besides those which characterize strangulation generally, are, the place where the body is found ; the floating of the lungs; and the absence of any other probable cause to which its death can be attributed When respiration has been interrupted by articles put into the mouth, nostrils, or throat, dissection can alone detect the cause. The child may also have been suffocated by the turning back of the tongue upon the epiglottis. This can only be caused when there is some natural defi- ciency in the fracnum of the tongue, or when it has been lacerated, either by the child itself in the act of sucking, or by the application of violence. If, therefore, a child has not sucked, and the frrcnum is found torn, it is just to conclude, that it must have been the effect of cri- minal interference!. * Sraellie's Midwifery, vol. ii. p. 142.. Burns' Midwifery, p. US. -•• Foder^ Me*. Keg. torn. iv. p. 495. 80 4. Luxation and fracture of the neck has been caused by forcibly twisting the head of the child, or pulling it backwards*. In such cases, the vertibrae are fractur- ed, the ligaments ruptured, and death is caused by the injury inflicted upon the spinal marrow. This will be known from the local derangements, and from the po- sition of the head; and, on dissection, from the blood found effused amongst the cervical muscles, or in the vertebral canal, and from the fracture of the first or second vertebra, or both. 5. Exposure to noxious airs.—This is a mode of de- stroying life which cannot be frequently resorted to. Women have been known, however, to destroy their offspring by exposing them to the fumes of sulphur. According to Alberti, this may be known, on dissec- tion, from the livid appearance of the lungsf. 6. Poisons.—These may be introduced into the sys- tem in various ways. They may be inhaled into the lungs, in the form of odours; or they may be taken into the stomach, mixed with food; or they may be receiv- ed in the form of injections; or be absorbed through the skin. When the poisonous substance has been taken into the stomach and intestines, it should be carefully ex- amined, and subjected to the various tests, which che- mistry supplies for detecting its presence. In cases where the cutaneous absorbents have been the medium of conveying it into the system, it may be very difficult, generally, to discover the cause of death. In some in- » Mahon's Med. Leg. torn. ii. p. 409. t Med. Leg. &c. de Mahon, torn. ii. p. 412. 81 stances, an eruption on the skin, and the peculiar odour of the substance which has been employed, aided by thti circumstantial evidence, may lead to a discovery. Such are the various means resorted to, for the pur- pose of causing the death of a new-born child It may be almost superfluous to suggest, that extreme caution is air- ways necessary in making up a decision in a case of infanticide; for the flame of life, at that period of our existence, burns so feebly, that the slightest breath may extinguish it for ever. A child sometimes expires in convulsions, a short time after birth, without any evi* dent cause At other times, its death may be occa- sioned by causes perfectly natural, and yet so far con- cealed from observation, as to create suspicions of vio- lence having been inflicted. Introsusception is said to be common to children*, and of course can only be de- tected on dissection; the premature obliteration of the foramen ovalef, as well as its imperfect closure!, are also, without doubt, frequent sources of death. Circumstantial evidence.—Although this does not strictly appertain to a medical discussion of this sub- ject, yet there are some points embraced under it, con- cerning which the testimony of the Physician may be required. 1. It may be urged in excuse for a woman on a trial for child murder, that from the uncertainty of the signs of pregnancy, she might have been ignorant of her ac- tual condition, and therefore might have been sudden- * Males' Medical Jurisprudence, p. 101. t- Mahon's Med. Leg. torn. iL p. 406. X An interesting account of two cases of this kind, which were successfully treated by Dr. Hosack, is contained in his Appendix to the Fourth Americac Edition of Dr. Thomas' Practice of Physic. 82 ly overtaken with the pains of labour, when it was out of her power to command assistance, and thus the child have lost its life. To all this, a very plain and concise reply may be made. However difficult it may be for a Physician to say positively in all cases whether a wo- man is pregnant or not, yet we can scarcely suppose the woman herself to entertain any doubt on the subject. If she has yielded to the solicitations of a seducer, and if she afterwards experiences those changes and deve- lopements in her system, which accompany a state of impregnation, she cannot but be conscious of her true situation, and therefore any arguments drawn from this source ought to have no weight. 2. It may be suggested, in vindication of the wo- man, that the delivery was so rapid that it was out of her power to procure assistance, or make the necessa- ry preparations for preserving the child's life. In cases of first pregnancy, it is not very probable that the la- bour would be so speedily accomplished. The neces- sary dilatation of the parts would require a length of time sufficient to give her proper warning of the im- pending event. In succeeding labours this might occur. Dr. W. Hunter relates a case of this kind which happened in his own practice*. The Physician should, therefore, always inquire if this be a first child, or if she has had others previously. Other circumstances re- lating to the delivery should also be investigated. It is not impossible that a woman may be delivered while standing, and the child have fallen upon the floor, and thus its death have been occasioned. * Observations on the Uncertainty of the Signs of Murder, in the ca?e of Bastard Children. 83 3. The size of the child should always be noticed, and compared with the t cealed her pregnancy, and put to death a bastard child. This law prevailed until the year 179l!, when every thing relating to the concealment of pregnancy was repealed, and death declared to be the punishment of the murder of the child. The penal code of the French empire, enacted, that 44 every person guilty of assassination, parricide, infanti- 44 tide, or poisoning, shall suffer death."—Art. 302. Other articles provide against the exposure and abandonment of infants: 44 Those who shall expose 44 and abandon in a solitary place, a child under seven 44 years of age, and those who may order it to be ex- 44 posed, shall, on that account alone, if such order be 44 executed, be imprisoned for a term not less than six * Beckman's Hist, of Inventions, vol. iv. p. 437. t FoderS's Med. Leg. torn. iv. p. 396. X Ibid. p. 395. 90 " months, and not more than two years, and fined from 44 16 to 200 francs."—Art. 349. And, 44 if in consequence of such exposition or aban- 44 donment, the child shall be mutilated or crippled, the " act shall be considered and punished as in the case 44 of wounds voluntarily inflicted, and if the conse- t4 quence be death, it shall be considered and punished 44 as murder."—Art. 351*. The Austrian Law provides, that44 exposing a living 44 infant, in order to abandon it to danger and death; 44 or to leave its deliverance to chance; whether the 44 infant so exposed suffers death or not, shall be punish- 44 ed by imprisonment for not less than eight nor more 44 than twelve years; to be increased under circum- 44 stances of aggravation!." In Saxony, infanticide is punished with the same se- verity as parricide; the culprit is put into a bag, with a dog, a cat, a cock, and a serpent, and then thrown into the water!- Although the Chinese have no law prohibiting the exposure of children, yet they inflict a slight punish- ment for the wanton murder of them. The following is the law on that subject: 44 If a father, mother, pater- 44 nal grandfather or grandmother, chastises a disobe- " dient child in a severe and uncustomary manner, so 44 that he or she dies, the party so offending shall be 44 punished with 100 blows§." * American Review, vol. ii. p. 396. t Colquhoun on the Police of London, p. 66. X Specimen Juridicum, ice. Lugduni Bat. p. 44. § La Tsing Leu Lee ; being the fundamental laws, and a selection from the supplementary statutes of the Penal Code of China, by Sir George Staunton, F. R. S. p. 347. Quart. Rev. vol. iii. p. 312, 13. 91 The English Law on this subject, has, within a few years, been materially changed. By the Stat 21, Jac. 1, c. 27, it is enacted, " that if 44 any woman be delivered of any issue of her body, 44 which, being born alive, should by the laws of this 44 realm be a bastard; and that she endeavour private- 44 ly, either by drowning, or secret burying thereof, or 44 any other way, either by herself or the' procuring of 44 others, so to conceal the death thereof, as that it may 44 not come to light whether it were born alive or not, 44 but be concealed: in every such case, the said mo- 44 ther so offending, shall suffer death as in the case of 44 murder, except she can prove, by one witness at the 44 least, that the child whose death was by her so in- 44 tended to be concealed, was born dead*." Upon this statute, Blackstone remarks, 44 This law, 44 which savours pretty strongly of severity, in making 44 the concealment of the death almost exclusive evi- 14 dence of the child being murdered by the mother, is 44 nevertheless to be also met with in the criminal codes 44 of many other nations of Europe; as thekDanes, the 44 Swedes, and the French^. This cruel law has since been mitigated. In 1803, an act was passed, in that country, which decrees, that 44 women tried for the murder of bastard 44 children, are to be tried by the same rules of evi- 44 dence and presumption, as by law are allowed to 44 take place in other trials of murder: ifacquitted, and 44 it shall appear, on evidence, that the prisoner was 4* delivered of a child, which by law would, if born 44 alive, be bastard, and that she did, by secret bury- 44 ing, or otherwise, endeavour to conceal the birth * Ka.-t's Crown Law, vol. i. p. 228. t Blackstone's Commentaries, vol. iv. n. 198. 92 4 thereof, thereupon it shall be lawful for such court, 44 before which such prisoner shall have been tried, to •4 adjudge, that such person shall be committed to the 44 common goal, or house of correction, for any time 44 not exceeding two years." " In the State of New- York, we have no particular 44 law concerning this crime, and as the English sta- " tutes are not in force, all trials for infanticide must 44 of course be conducted according to the common 44 law, and accessary circumstances can only be consi- 44 dered as proving the intent*." FOUNDLING HOSPITALS. Foundling Hospitals, by providing for the support of illegitimate children, are generally considered as a great means of preventing child murder. The object of these institutions is no doubt commendable; but it is certain that they are not productive of that decided utility, which is usually attributed to them. It is not to be denied that some good results from them, but it is by no means commensurate with the abuses to which they give rise. That they encourage illicit commerce between the sexes; discountenance marriage; increase the number of illegitimate children, and consequently the number of exposures;—are facts confirmed by the history of almost every Foundling Hospital that has been established. Mr. Malthus states facts of this kind with regard to the Foundling Hospital in Peters- burgh, (Russia.) « To have a child," says he, « was * T. R. Beck's MS. Lectures on Legal Medicii 93 14 considered as one of the most trifling faults a girl 44 could commit. An English merchant at Petersburgh 44 told me, that a Russian girl living in his family, under 44 a mistress who was considered as very strict, had 44 sent six children to the Foundling Hospital without 44 the loss of her place*." It is not necessary to en- ter into a laboured course of reasoning, to prove that the effects of these establishments are decidedly injurious to the moral character of a people.—It is a position sufficiently self-evident, and as Malthus just- ly remarks, 44 an occasional child murder, from false 44 shame, is saved at a very high price, if it can only be 44 done by the sacrifice of some of the best and most 44 useful feelings of the human heart iti a great part of 44 the nation!." There is, however, another objection to Foundling Hospitals. The history of such establishments, proves that they utterly fail of accomplishing their object, which is the preservation of the lives oi children. The records of those which have been kept with the great- est care, exhibit the most astonishing mortality of the children. In Paris, in the year 1790, more than 23,000, and in 1800, about b2,000 children were brought in; and it is estimated, that f' of all the foundlings perish an- nually through hunger and neglect!- It is stated also, that vast numbers of the children die from a disease called rendurcissement du tissu cellulaire§, which r • is only to be met with in the Foundling Hospital. Of 100 foundlings in the Foundling Hospital at Vjen- * Maltl.ua on Population, vol. i. p. 363, 9. t Ibid. p. 370 X Beckman's History of Inventions, vol. iv. p. 456,7. i Cross Medical Sketches of Paris, p. 197, 1815. M 94 na, 51 died in *e 1789. In the Hospital at Metz, cal- culation showed that seven eights of the whole number of children perished. In an Institution of this kind in one of the German principalities, only one of the found- lings, in 20 years, attained to manhood*. The Foundling Hospital of London, exhibits a more favourable picture. The average of those who died there under 12 months, in 10 years, was only 1 in 6, ana' for the last four or five years, even less in propor- tion!- (• The general fact is, however, sufficiently evident, that the lives of multitudes of children are sacrificed in these Hospitals. The causes too are evident.—In some instances, it arises from the want of nurses, or the mismanagement and cruelty of those that are em- ployed ; in others, from the delicacy of the infant, and the want of its mother's nourishment. But do Foundling Hospitals diminish the number of infanticides? We have no evidence of such a result flowing from them. From the deleterious influence which they have upon the moral feelings of the female sex, we cannot believe that it is the case. And it is ac- cordingly stated, that after the Foundling Institution of Cassel was established, not a year elapsed without some children being found murdered in that place or its vi- cinity!. * Beckman on Invention?, vol. iv p. 456, 7. 1 Highmore's History of the public charities in and near London, p. 72"?. ^ Rees'Cyclopedia, Art. Hospital. t Beckman's Hist, of Inventions, vol. iv. p. 456. \ 95 Note.—The following account of the deaths in the different Foundling Hospitals of Europe, will afford ample testimony in sup- port of the opinion already advanced. It is taken from the Edin- burgh Med. and Surg. Journal, vol. i. p. 321, 2, " In 1751, Sir John Blaquiere stated to the House of Commons " of Ireland, that of 19,420 infants admitted into the Foundling " Hospital of Dublin, during the last ten years, 17,440 were dead " or unaccounted for; and that of 2180 admitted during 1790, on- " ly 187 were then alive. In 1797, he got a committee of the " same House appointed, to inquire into the state and management " of that Institution. They gave in their Report on the 8tb of " May, 1797 ; by which it appeared, that within the quarter, end- " ing the 24th March last, 540 children were received into the " Hospital, of whom, in the same space of time, 450 died ; that, in " the last quarter, the official report of the Hospital stated the " deaths at three, while the actual number was found to be 203 ; " that from the 25th March to 13th April, nineteen days, 116 in- " fants were admitted ; of which number, there died 112. With- " in the last six years, there were admitted 12,786 ; died in that " time 12,051 ; so that in six venrs, only 135 children were sav- " ed to the public and to the world. " In the Charite of Berlin, where some enjoyed the advantage " of being born in the House, and of being suckled by their mo- " thers six weeks' scarcely a fourth part survived one month. " Every child born in the Hotd Dieu of Paris, was seized with " a kind of malignant aphthae, died le muguet, and not one sur- ,c vived who remained in the house. " At Grenoble, of every 100 received, 25 died the first year; at •' Lyons, 36; at Rochelle, 50; at Munich, 57; and at Montpel- •< Her, even 60. At Cassel, only 10 out of 711 lived 14 years. In " Rouen, one in 27 reached manhood, but half of these in .so uiisc- " rable a state, that of 108, only 2 could to be added to the useful *' population. In Vienna, notwithstanding the princely income of " the Hospital, scarcely one in 19 is preserved. In Petersburgh. •' under the most admirable management and vigilant inspection ol " the Empress Dowager, 1200 die annually out of 3650 received- " In.Uo.iro^', with every possible advantage, out of 37,u'97 admit- ' ted in the course of 20 years, only 1020 were sent out.r { ERRATA. Page 56 line 6 from bottom, for Teichmeyer—read Brendelius, Page 67 for torn. iv. p. 460—read torn. ii.p. 456. 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