France patterned after the Roman law for a time and made criminal
abortion punishable by inflicting the death penalty; during the French
revolution this law was amended by imprisonment for life; and later,
under Napoleon, in 1810, the law was again changed, and the punishment
lessened.
In England there has been a gradually growing moral sentiment to
protect the defenseless child in its mother’s womb, so that to-day
England has so amended her law that the fetus has the same protection
in the uterus before as after quickening, so that a conviction for the
procurement of criminal abortion at any time during gestation from
conception until birth is _felony_ and punished by imprisonment or
transportation.
In Germany the law makes abortion a State prison offense, and public
opinion is in such a healthy state there that anyone justly accused of
this crime is quite sure to meet with a punishment.
In America legislation on this subject differs widely in the different
States. In Massachusetts the barbarous distinction, “before quickening
and after,” was still recognized a few years ago, so that the crime of
abortion before quickening was not an indictable offense. In some of
the States the laws are stringent and conform with the physiological
facts of fetal life, but, like most of our “good laws,” they are.
observed only in the breach.
The essential peculiarity in the process of reproduction is the
absorption of a small cell of the male, the spermatozoon, by another
small cell of the female, the ovum. This coalescence of the two, _male_
and _female_ cells, is the fertilization of the ovum, and constitutes
_conception_.
The spermatic fluid of the male holds in suspension a large number
of very small bodies, or cells, which, from their usually remaining
in active motion for some time after they have quitted the human
body, have been erroneously considered animalcules. A more thorough
familiarity with these bodies, and careful microscopic examinations,
can distinguish nothing in the nature of structure within them. They
are simply little oval, flattened, transparent cells between the
one-six-hundredth and one-eight-hundredth of an inch in length, having
a little thread-like “tail,” gradually tapering to a fine point.
These measurements make the spermatozoa considerably larger than the
average red blood-corpuscle, which is one-thirty-two-hundredths of an
inch in diameter.
The spermatic fluid of a single emission of a healthy male contains
thousands of these little ciliated cells, the cilia or tails of which
are seen in an active vibratile undulatory motion, in the field
of the microscope, wriggling hither and thither, like a school of
frightened fishes. This lashing motion is continued for hours, and
under favorable circumstances for days. In the cases of microscopical
examinations of vaginal secretions of married women, for causes of
sterility, I was able to establish their activity thirty-six hours
after marital relations.