On criminal abortion in AmericaStorer, Horatio Robinson
Philosophy
On criminal abortion in America
Storer, Horatio Robinson
Abortion -- United States
But quickening,—a period usually occurring from the one hundred and
fifteenth to the one hundred and thirtieth day after conception, but
varying within still more appreciable limits in different women, and in
the same women in different pregnancies, from variations in the amount
of liquor amnii, the early strength of the fœtus, and other causes, and
also, if at all, owing in its first sensation to rising of the womb from
the pelvis, probably occurring a little earlier with boys than with
girls, from their relative difference in size,[3]—is often absent, even
throughout pregnancy; and fœtal movements are sometimes appreciable to
the attendant when not to the mother, or indeed to the mother alone.
Further, in premature births, where quickening has not occurred, or
before its usual period, by the movements of the fœtus, its earlier
independent and vital existence is sometimes reduced to a matter of
ocular demonstration; while to the ear, in very many instances, as early
and as conclusive evidence is afforded by the sounds these movements give
rise to.[4]
Quickening is therefore as unlikely a period for the commencement of
fœtal life as those others set by Hippocrates and his successors, varying
from the third day after conception, to that of the Stoics, namely birth,
and as false as them all.
We need not, with Dubois[5] and some earlier writers,[6] from the
manifest relation of means to the end, consider that the movements
of the fœtus in utero, and its consequent attitude and position, are
signs of an already developed and decided sentience and will, nor is it
requisite to suppose them the effect of an almost rational instinct. But
that they are wholly independent of the will and the consciousness of
the mother, and yet by no means characteristic of organic life, whether
hers or its own,—which latter is also by abundant evidence proved
independently to exist,—but decidedly animal in their character; that
they are not explainable by gravity, despite all the arguments alleged,
latest by Matthews Duncan,[7] nor on any other supposition save that of a
special and independent excito-motory system, distinct from that of the
mother,[8] brings us directly down to this—the existence of as distinct
and independent a nervous centre, self-existing, self-acting, living.
We set aside all the speculations of metaphysicians regarding moral
accountability of the fœtus, the “potential man,” and its “inanimate
vitalities,” as useless as they are bewildering. If there be life, then
also the existence, however undeveloped, of an intellectual, moral, and
spiritual nature, the inalienable attribute of humanity, is implied.
If we have proved the existence of fœtal life before quickening has
taken place or can take place, and by all analogy and a close and
conclusive process of induction, its commencement at the very beginning,
at conception itself, we are compelled to believe unjustifiable abortion
always a crime.
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