481
a space as may be consistent with a duecomprehension of the arguments which it
may be our object to enforce. In order to
avoid confusion, and that the Bill may be
considered as a whole, we must requestthe reader to go through the entire of the
paragraphs numbered and; placed within
infected commas, before he proceeds to ex-amiue any portion of the commentary.
A BILL
FOR REGULATING
SCHOOLS OF ANATOMY.
[" Note.—The words printed in italics areproposed to be inserted in the Committee."]
1. " Whereas a knowledge of the causesand nature of very many diseases whichaffect the body, and of the best methods oftreating and curing such diseases, and ofhealing and repairing divers wounds and
injuries to which the human frame is lia-ble, cannot be acquired but by anatomicalexamination; And whereas therefore it ishighly expedient to give protection, undercertain regulations, to the study and prac-tice of anatomy ; be it therefore enacted bythe King’s most excellent Majesty, by andwith the advice and consent of the Lords
Spiritual and Temporal, and Commons, inthis present (Parliament assembled, and bythe authority of the same, that it shall belawful for his Majesty’s principal Secretaryof State for the time being for the HomeDepartment, on the first day of
’
in every year, or within fourteen days thennextfollowing, to appoint not fewer than threepersons to be, during one year, Inspectorsof places where anatomy is carried on; andas often as any of the Inspectors to be ap-pointed as aforesaid shall die, or shall re-fuse or become unable to act, to appointanother person to be Inspector in the roomof every Inspector who shall die, or shallrefuse or become unable to act."That it is " highly expedient" to pro.
mote the cultivation of the science of ana-
tomy we cheerfully admit, but if Mr. WAR-Bi. RTOX be required to substantiate the first
portion of his preamble, we know not wherehe can seek for his evidence with any hopeof success. A ’ knowledge of the causesoi disease " is not to be acquired in the
dissecting-room of the trading anatomist;neither will the dissection of the bodies
found there show in what manner diseases
may be treated scientifically. Not one bodyin a hundred is seen, before death, by theanatomist or his pupils; hence the morbid
appearances seldom, if ever, furnish anyuseful practical lessons. No, no. The dis-
secting-room of the school of anatomy"furnishes no knowledge of the causes of
disease, neither does it show, equally withthe opportunities of the hospital " dead-
house," how dangerous maladies may bebest combated. In other words, the de-monstrations in the regular dissecting-roommust be regarded only as the means of con-veying accurate information as to the normalcondition of the various structures of the
human body. On the contrary, in the" dead-house" of the hospital-the placeso perpetually forsaken by the never-ceas-ing praters about the utility of the scienceof anatomy-in the dead-house, we say, areto be found all those prominent traces ofdisease which give birth to the symptomsunder the immediate cognizance of the stu-dents before the decease of the patient.Here it is that the inquirer has the./means
of forming a correct estimate of the valueof therapeutic agents ; here it is that he
may learn why medicines failed, why painraged, why death triumphed ; for no soonerdoes lie behold the inflamed or water-
sodden brain-the blood-engorged or se.
rum-enveloped lungs-the poisoned sto-
mach, or hypertrophied heart-than he atonce connects the symptoms which he ob-served at the bed-side of the patient withthe morbid changes exhibited on an in-
spection of the body, and thus he collectsfrom thebest, the only, sources, that know-
ledge " which throughout life enables himto discharge his professional duties, far re-
mote from the dark regions of uncertaintyand empiricism.
" INSPECTORS.—The Bill provides, thatthe Secretary of State shall appoint " not
less than three Inspectors " of Anatomy.Now, really, we should be glaù to learn, ofwhat earthly use can be such officers? Yet
482
this is the great protecting power cantem-plated by the Bill. 11 Not less than three
Inspectors? " We should think not, truly,teeing that in another clause of the Bill itis provided, that any surgeon engaged indissecting a body must give notice of thatcircumstance to the Inspector of his dis-trict. Would an Inspector for each countybe sufficient ? Certainly not,-that is, tomake him a really efficient and useful officer.If an Inspector were resident in every
county-town, for example, how could suchan officer act as a protector to the publicin places remote from his residence ? The
office would be altogether useless, as everypower intended to be conferred by the Billupon the " Inspector," might, with muchmore propriety, be thrown into the handsof the ordinary magistrates. We do hopeand trust that the public will not be saddledwith the expenses of some fifty or a hun-dred offices, which cannot diminish in thesmallest degree the number of those crimeswhich it is the object of the Bill to prevent.Relying upon Mr. WARBURTON’S good in-tentions, we are anxious to impress uponthe mind of that gentleman, that there wouldbe great folly in his pressing for the enact-ment of this part of the Bill. Does not the
honourable gentleman himself perceive, thatthe man who would dare to purchase a dead
body under suspicious circumstances, wouldalso dare to refrain giving " notice" of his
guilt to the ’° Inspector " of his district 1But possibly Mr. WARBURTON apprehendsthat the power held by the Inspector, toexamine places in which anatomy may becarried on, might act as a sufficient checkin preventing the dissection of illegally-acquired subjects. Then, we repeat, givethat power to the magistrates, or to officersconnected with the New Police, who are
much more numerous than can be any bodv
of Inspectors created by the Home Secre-tary. And having also at their disposal a
great number of officers, who are paid bythe public, they might discharge this addi-
tional duty without imposing any additionaltax upon anatomists or medical students, or
without fixing any new burden upon the
county rate. Mr. WARBURTON’S proposalis, in fact, a scheme for throwing the right
of searching the houses of anatomists aodskilful surgeons into the hands of a newclass of officers ; but as magistrates alreadypossess the right to search all the houses
in the kingdom under the sanction of search.warrants, no earthly advantage can be gainedby placing this power at the disposal ofindividuals who will not have half such
opportunities of putting it in force as the
public officers by whom it is already ex.ercised. If it be argued contra, that magis.trates have only a right to issue search.warrants upon the oath of a complainant orinformer, whilst the 11 Inspector" is to bearmed with power to enter the suspectedpremises, by merely producing an "order"from the Secretary of State, our reply is
simply this :=Place in the hands of the
magistrate that " order" which it is now in-tended to give to the " Inspector," and thuseven greater protection for the public thanis contemplated by this part of the Bill
would be effectually secured, with this ad-
vantage-no additional expense to the
public." II. And be it enacted, that it shall be
lawful for the said Secretary of State to
direct what district of town or country, or
both together, with the places where ana.tomy is carried on, situate within such, district, every such Inspector shall be appointed to superintend ; and the times andplace or ;places when and where, and in
what manner, every such Inspector shalltransact the duties of his office; and thatthe name of every Inspector so appointed,and the district which he is appointed to
superintend, and the times and place or
places when and where he will transact theduties of his office, shall be published fromtime to time, as occasion may require, inthe London Gazette."
What has already been stated, in of
remarks on the first clause, will provewe hope, that the enactment of this clause
is unnecessary. The appointment of a:
483
" Inspector," with a view to prevent physi-cians, surgeons, and apothecaries, through-out the kingdom, from receiving for dissec-tion bodies which may be illegally acquir-ed, resembles a proposal for placing an
officer at the door of every tradesman, inorder that he may be prevented from reoceiving smuggled goods. Upon reconsi-
dering the subject, Mr. WARBURTON’S ownstrong sense of right will induce him toabandon such an absurd and utterly ineffi-eient expedient.
III. " And be it enacted, that not fewerthan one ofl such Inspectors shall reside inLondon, and there transact the duties of hisoffice; and that not fewer than one of suchInspectors shall reside in Edinburgh, andthere transact the duties of his office.
IV. " And be it enacted, that every In-spector to. be appointed by virtue of thisAct shall receive the returns and certificateshereinafter directed to be delivered to such
Inspector by all persons practising anatomywithin the district which such Inspector isappointed to superintend; and shall keepan account of all such returns and certifi.cates ; and shall inspect and inquire intothe condition of any place where anatomyis carried on, which the said Secretary ofState may order such Inspector to inspect.V. " And be it enacted, that it shall be
lawful for every such Inspector to visit andinspect, at any time, any place where ana-tomy is carried on, on the production bysuch Inspector of a written order signed bythe said Secretary of State, directing suchInspector to visit and inspect such place.
B I. " And be it enacted. that it shall be
lawful for the said Secretary of State to allowto every such Inspector such salary for histrouble, and such a sum of money for the ex-peiises of his office, as to the said Secretary ojStute shall appear 7-easonable ; and that anannual return of all such allowances shall beanade to Parliament."
All these clauses still refer to the office
of Inspector." Not one fact, however,is stated to show how such an institutioncan act beneficially. Surely the " returns"might be forwarded to the magistrates, orto the commissioners of police, thi wasgreat a hope of advantage as to the Inspec-tor of a district; neither would it be a
severe additional labour imposed upon theclerk of the magistrate to file such 11 re-
turns," or to register them in a book keptfor such purpose. Of the " order" from the
Secretary of State, and of another tax uponthe public, in the shape of an I allou:anc."to the Inspector, we have already spoken.The whole of the preceding clauses mightbe expunged without detracting from theutility and efficacy of this or any other Billwhich may be introduced into Parliament
with a view to promote the cultivation of
anatomy, and protect the public from thBurk and Bishop murders.
VII. " And be it enacted, that it shallbe lawful for the executor or administratorof any person deceased, or for any partyhaving lawfully the custody of the body ofany such person, with the consent of thenearest known relative of such person, topermit the body of such person to undergoanatomical examination ; unless to the
knowledge of such executor or administra-tor, or of such party, such person shall haveexpressed his desire, either in writing atany time, or orally in the presence of oneor more witnesses, that his body after deathmay not undergo such examination."
The concluding part of this clause is
calculated to attract much attention ; it has
evidently been framed with a view to dis.pel the hostile feelings of the poor by mak-ing it a matter of choice, whilst living,whether their bodies shall, or shall not, bethe subjects of anatomical investigationafter death. Should they express a wishthat the process of dissection may not be
instituted upon their bodies, then it is to
be unlawful for the person having legalcustody of the body, to hand it over to theanatomist; but the clause inflicts no penaltyfor disobedience, so that in its presentshape it would be inoperative. Should this
section of the Bill be strengthened by con-necting with it a severe penalty for a vio-lation of its commands, this one clause mayprove a greater obstacle to an adequate
supply of subjects for dissection than all
the combined obstacles now existing. En
passaizt we may remark, that the Bill is
Yarteculuoly sparing in the imposition of
penalties. Now of the first part of this
484
clause, that-’° It shall be lawful for theexecutor or administrator of any person
deceased, or for any party having lawfullythe custody of the body of any such person,with the consent of the nearest known re-
lative of such person, to permit the bodyof such person to undergo anatomical ex-amination." Here we have some traces of
that rock which has wrecked nine-tenths of
the tiny reasoners on this question. It is
unblushingly alleged, by the trading ana-tomists and their coadjutors, that the prac-tising of dissections is an offence subjectingthe parties to a criminal prosecution,whereas nothing can be more false. The
Times of Thursday, in a brief laudatory ar-ticle upon the memorial of the College of
Surgeons, echoes the absurdity in its pecu-liar tones of borrowed 11 thunder," yet thissame Times, within the last week or ten
days-not knowing how many hundreds havedone the same thing, has innocently enoughinformed the public that " several philan-thropic gentlemen" have selected the co-
lumns of that journal for making it known tothe world that they had bequeathed their
own bodies for dissection, thus showing, intheir extreme love for science, that theyhad the utmost disregard for the feelings ofsurviving relatives.
But in what consisted the " philan-thropy" or patriotism of the persons whohad bequeathed their bodies for dissection,if the will of the testator cannot be car-
ried into effect owing to the penalty of acriminal prosecution ? Yet, quoth the
Times of Thursday, "it is truly (falsely)observed by the council (Precious jllnto!Would that the Times and public were as well
acquainted with them and their proceed-ings as are the profession and ourselves ! )that, by the present state of the law, theanatomical student cannot, without a crime,have a dead body in his possession to
dissect." What crime’! ? We call upon the
Times, we call- upon Mr. Warburton, wecall upon the Council, we call -upon the
trading anatomists, to point out the laTwhich renders it criminal for any man to
have in his possession, for the purpose of
dissection, a dead body, of which he maybecome lawfully possessed. Let them provethat there exists such a law ; then we willadmit that the clause last quoted may be-
come an essentially valuable section of an
Anatomy Bill, and we will acknowledge alsothat they have written, on this question,something more than the merest, the veriest,twaddle. Of what use, we say, is it to givebodies for dissection, if they cannot be dis.sected ? But the whole statement is sheer,
unqualified, nonsense; or rather it is so
mixed up with arguments founded uponfalsehood, that it has proved exceedinglypernicious to that question which the greatbody of the profession are so disinterestedlyandjudiciously advocating. We repeat, thatit is already lawful for persons having theunquestioned legal custody of dead humanbodies, to give them up for dissection, andit is already lawful for anatomists and otherpersons to dissect such persons, when placedat their disposal by the lawful possessors.The first portion of this clause, therefore,
had better be erased altogether, and the con-
eluding part may as well be expunged ifthere be not the restraint of a penalty im.posed on persons who may have a strongmotive for violating its conditions.
VIII. " Provided always, and be it enact-ed, that in no case shall the body of Jnyperson be removed for anatomical examina.tion from any place where such person mayhave died, unless a certificate, stating inwhat manner such person came by his death,shall, previouslvto the removal of the bodv.have been signed by a medical man whoattended such person during the illnesswhereof he died ; or if no medical man at-tended such person during such illness,then bv some other medical man : and thatin case of such removal, such certificateshall be delivered, together with the body,to the party receiving the same for anato-mical examination."
It is quite right that bodies should not
be removed, or received, unless under thesanction of certificates granted by medical
485
practitioners; but Mr. WARBURTON shouldrecollect that*’ the cause of death" cannot
in numberless instances, be ascertainedwithout a minute examination of all the
great important organs of the body, which,as one of the clauses expresses it, would be" carrying on anatomy," and require the su-
perintendence of the " Inspector." The
bare proposal of the certificate is a goodone, and may be adopted with effect.
IX. " And be it enacted, that it shall belawful for any graduate or licentiate in me-dicine, or any member or fellow of anyCollege of Surgeons, or any professor,teacher, or student of medicine or surgery,to receive or possess for anatomical exami-nation, or to examine anatomically, the
body of any person deceased, provided theparty havmg lawfully the custody of thebody, with the consent of the nearest knownrelative of such person, have permitted thebody to undergo anatomical examination ;and provided such person shall not, to the
knowledge of such executor or administra-tor, or of such party, have expressed hisdesire, either in writing at any time, ororally in the presence of one or more wit-nesses, that his body after death may notundergo such examination; and providedsuch certificate as aforesaid shall have beendelivered, together with the body, to theperson receiving the same for anatomicalexamination."
The substance of this clause has been
considered,, in the remarks offered uponclause VI.
X. " And be it enacted, that every partyreceiving the body of any person deceasedfor anatomical examination, if the body beremoved for such examination from the placewhere such person died, shall demand andreceive, together with the body, a certifi-cate as aforesaid ; and if an Inspector shallhave been appointed to superintend that
district, in which is situated the placewhere such partv received the body, shall,within twenty-four hours next following thehour at which the body was received, trans- imit to such Inspector the certificate re-ceived together with the body, and also a Ireturn, stating at what day and hour, andfrom whom, the body was received, the dateand place of death, the sex, and (as far asis known at the time) the Christian and sur-name, age, and last place of abode, of suchperson ; and that every party receiving abody for anatomical examination, shall enter,or cause to be entered, the aforesaid parti-culars relating to such body, and a copy of
the certificate be received together withthe body, iu a book to be kept by him forthat purpose, and shall produce such bookwhenever required so to do by any Inspec-tor so appointed as aforesaid, authorised toinspect the same by a written order signedby the said Secretary of State ; and shall
permit any such Inspector to inspect andvisit every place where anatomy is carriedon by such party, on the production by suchInspector of a written order signed by thesaid Secretary of State, directing such In-spector to visit and inspect such place."
In conformity with the provisions of thisclause, a surgeon, residing thirty miles
from the county town, must send to the
Inspector of the district within twenty-fourhours after he has become possessed of adead body for dissection. We ask again,would not a notice to the nearest Magistrateoffer more security to the public, whilst itwould be attended with much less incon-
venience and expense! ?
XI. " And be it enacted, that no gra-duate or licentiate in medicine, nor anymember or fellow of any College of Sur-
geons, nor any professor, teacher, or stu-dent of medicine or surgery, shall be liableto any prosecution, penalty, or punishmentfor receiving or having in his possessionany dead human body for anatomical exa-mination, or for examining anatomically anydead human body, or for any offence againstthis Act, unless the prosecution shall beinstituted by the Attorney-General, or byleave of the Court of King’s Bench, if thealleged offence whereof the party is accusedshall have been committed in England, norunless the prosecution shall be instituted bythe public prosecutor, if the alleged offencewhereof the party is accused shall have beencommitted in Scotland."
This is an exceedingly curiotts clause.
Parties having in their possession, for the
purposes of dissection, any dead humanbodies,—whether those of murdered personsor not,-cannot, in strict accordance with
the terms of this section, be subjcctetl to
punishment, unless the prosecution be in-
stituted by the Attorney-General or the
Court of Kinaj’s Bench.XII. "And be it enacted, that nothing inthis Act contained shall be construed to ex-tend to or to prohibit any post-mortem exa- mination of any human body, required or) directed to be made by any competent legalauthority."
486
It is to be hoped that not any of the" post-mortem examinations," as now in-
stituted and conducted by medical practi-tioners, will be prohibited, or in the smallestdegree obstructed.
XIII. " And whereas an Act was passedin the fourth year of the reign of his lateMajesty, for altering and amending thelaws and usages relating to the intermentof the remains of persons against whomthere should be had a finding offelo de se ;and whereas another Act was passed, in the.ninth year of the reign of his late Majesty,for consolidating and amending the statutesin England relative to offences against the.]person; by which latter Act it is enactedthat the body of every person convicted ofmurder shall, after execution, either be dis-sected or hung in chains, as to the Courtwhich tried the offender shall seem meet;and that the sentence to be pronounced bythe Court shall express, inter alia, that thebody of the offender shall be dissected orhung in chains, whichsoever of the two theCourt shall order ; be it eoacted, that somuch of the said last-recited Act as autho-rizes the Court, if it shall see fit, to directthat the body of a person convicted of mur-der shall after execution be dissected, be,and the same is hereby repealed, except sofar as so much of the said Act may repealthe whole or part of any other Act or Acts.. XIV. " And be it enacted, that the bodyof every person convicted of murder shall,after execution, either be hung in chains, orbe buried on the highway, after the manner’in which, before the passing of the said first-recited Act, the bodies of self-murdererswere wont to be buried, as to the Court mayseem meet ; and that the sentence to be pro-nounced by the Court shall express, interalia, that the body of the offender shall behung in chains, or buried on the highway,after the manner aforesaid, whichsoever ofthe two the Court shall order."
These two last clauses are admirable,and, if carried into effect, will tend incalcu-
lably to remove those prejudices which areentertained by a large portion of the publicagainst a process, which, although harmlessin itself, has hitherto been inflicted on theworst of criminals, as the last mark of hu-man degradation.XV. " And be it enacted, that if any
action or suit shall be commenced or broughtagainst any person for any-thing done inpursuance of this Act, the same shall becommenced within siT calendar months nextafter the fact committed ; and the defendantin every such action or suit shall and may,at his election, plead specially or to the
general issue, Not Guilty, and give thisAct and the special matter in evidence atany trial to be had thereupon, and that thesame was done in pursuance and by the au-thority of this Act.XVI. "And in order to remove doubts as
to the meaning of certain words in this Act,be it enacted, that the words "person andparty" shall be respectively deemed to in-clude any number of persons ; and that themeaning of the aforesaid words shall not berestricted, although the same may be sub.sequently referred to in the singular numberand masculine gender only.XVII. " And be it enacted, that nothing
in this Act contained shall extend to Ire-land.XVIII. " And be it enacted, that this
Act shall commence and take effect fromand after the ."
Such are the provisions of the bill uponwhich the members of the " collective wis.dom " of the nation will have to delivertheir sage opinions. The attentive readercannot fail to perceive two very strikingomissions in the document. First,-notone clause is framed with a view to preventthe buying and selling of dead human
bodies,-indeed there is not one word onthat subject; and, secondly,—the bill im-poses no penalty on those individuals whomay violate its stipulations. Hence, we ofcourse infer that it cannot be enacted into alaw in its present form. What we considerthe bill ought to be, mav be collected fromthe remarks which we have offered on thedocument now before us, -but as we mayhave failed in explaining our views fully onthis subject, we shall again take up thesubject in our ensuing number.
CHOLERA.
TRANSFUSION OF BLOOD.
AMONGST the multitude of remedies sug-gested in the treatment of this destructivepestilence, there is one which bore some
probability of being useful in the terriblestate of collapse. We allude to the truns-
fusion of healthy blood into the vessels of thesmicuig patient. ’1’his subject attracts ourpresent notice, in consequence of a pro-position which has just been sent to us he byMr. LEARY, the eminent surgeon of Parlia-ment-street.We have only to state, that transfusion
of blood has already been adopted in somecases, reports of which were delivered at alate sitting of the Academie de Médecine inParis. This remedial agent was fouud,
however, to have completely failed.