The Law and Medical MenRogers, R. Vashon (Robert Vashon)
History
The Law and Medical Men
Rogers, R. Vashon (Robert Vashon)
Medical laws and legislation
Stephen, J., said, “The law to be collected from these authorities
seems to me to be this:—The practice of anatomy is lawful, though it
may involve an unusual means of disposing of dead bodies, and though it
certainly shocks the feelings of many persons; but to open a grave and
disinter a dead body without authority is a misdemeanor, even if it is
done for a laudable purpose.”
It is, also, an indictable offence in many of the States to disinter a
corpse, unless the deceased in his life-time had |155| directed such a
thing, or his relatives consent to it; and that the resurrecting is for
the purpose of dissecting does not improve matters [425]. In New York,
removing dead bodies “for the purpose of selling the same,” or “from
mere wantonness,” is punishable by both fine and imprisonment [426]. And
in New Hampshire and Vermont such offences bring upon those convicted,
fines, whipping, and imprisonment, as the Court may see fit.
In Massachusetts, unclaimed dead bodies, and those of persons killed
in duels, or capitally executed, are assigned to the medical schools
of the State. The New York Act of 1789 must be considered as the
first American Anatomy Law. The first section prohibits the removal
of dead bodies for dissection, and the second section permits the
Courts, in passing capital sentence, to award the body to the surgeons
for dissection. Enactments similar to that of the New York Act, sec.
1, have been passed by the following States: Alabama, Arkansas,
California, Connecticut, Georgia, Illinois, Indiana, Iowa, Kansas,
Kentucky, Maine, Massachusetts, Michigan, Minnesota, Mississippi,
Missouri, Nebraska, New Hampshire, Ohio, Oregon, Pennsylvania, Rhode
Island, Tennessee, Texas, Vermont, Virginia, West Virginia, and
Wisconsin. The second section of the New York Act has developed into
the Acts of twenty-four States, which have thus legalized dissection,
and most of them have made specific provision for the dissection of the
bodies of certain deceased criminals, chiefly murderers; these States
are Alabama, Arkansas, California, Colorado, Connecticut, Georgia,
Illinois, Indiana, Iowa, Kansas, Maine, Massachusetts, Michigan,
Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York,
Ohio, Pennsylvania, Tennessee, Vermont, and Wisconsin. Some of these
States |156| have made no other provision for anatomical study beyond
that mentioned [427]. We have already referred to the Canadian Act on
this subject. In addition, the Ontario Act provides that the bodies of
persons found dead, publicly exposed, or who at time of death had been
supported in and by some institution receiving government aid (except
lunatics in provincial asylums), shall, unless the person so dying
otherwise direct, or the _bona fide_ friends or relations claim it, be
given to public medical schools in the locality, or to public teachers
of anatomy or surgery, or private medical practitioners, having
three or more pupils, for whose instruction such bodies are actually
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