But the capital objection to this practice is, that it necessarily
creates a crime, and educates a race of criminals. Exhumation is
forbidden by the law. It is, indeed, prohibited by no statute, either in
England or in Scotland: in both it is an offence punishable at common
law. There is a statute of James the First, which makes it felony to
steal a dead body for the purpose of witchcraft; there is none against
taking a body for the purpose of dissection. In the case of the King
against Lynn (1788), the Court decided that the body being taken for the
latter purpose, did not make it less an indictable offence; and that it
is without doubt cognizable in a criminal court, because it is an act
“highly indecent; at the bare idea of which nature revolts.” It is
punishable, therefore, by fine or imprisonment, or both: in Scotland it
is also punishable by whipping, and even by transportation.
We expected better things of America. We cannot express our astonishment
and indignation, when we found that the state of New York has actually
made it felony to remove a dead body from the place of sepulture for the
purpose of dissection, without providing in any other mode for the
schools of anatomy. This is worse than any thing that exists in any
other part of the world. If these pages should meet the eye of any of
our American brethren, we intreat them to read with attention, the facts
which have been stated in the former part of this pamphlet, and to
consider with seriousness the mischief they are doing. It will not be
believed in England, that such scenes can have been witnessed in
America, as were actually exhibited there scarcely a month ago. To
satisfy our readers, however, that we do not misrepresent the state of
things in that country, we transcribe the following accounts from _The
New York Evening Post_, of _May_ 20th:--“At the late Court of Sessions,
Solomon Parmeli was indicted for a misdemeanor, in entering Potter’s
Field, and removing the covers of two coffins deposited in a pit, and
covered partly with earth. _The statute of this state making it a
felony, to dig up or remove a dead human body with intent to dissect
it_, did not embrace this case; because the prisoner had not dug up or
removed the body. Mr. Schureman, the present keeper of Potter’s Field,
suspected that some person had entered it for the purpose of removing
the dead; and, after sending for two watchmen, and calling his faithful
dog, he went to ascertain the fact. On arriving at the grave, he found
his suspicion confirmed; and requested the person concealed in the pit,
to come out and show himself: no answer being given, Mr. Schureman sent
his dog into the pit, and in the twinkling of an eye a tall stout fellow
made his appearance, and took to his heels across the field. The night
being dark, he might have effected his escape had it not been for the
sagacity and courage of the dog, who pursued him for some distance; but
Public-domain text, read in full here on John Shaqi.
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