Charles Coppens

“ But, if medical treatment or surgical operation, necessary to save a mother's life, is applied to her organism (though the child's death would, or at least might, follow as a regretted but unavoidable consequence) , it should not be maintained that the fœtal life is thereby directly attacked. Moralists agree that we are not always prohibited from doing what is lawful in itself, though evil consequences may follow which we do not desire. The good effects of our acts are then directly intended, and the regretted evil consequences are reluctantly permitted to follow because we cannot avoid them. ”

“ In the normal course of nature the living embryo carries on its work of self-evolution within the maternal womb, deriving its nourishment from the placenta through the vital cord, till, on reaching maturity, it is by the contraction of the uterus issued to lead its separate life. Abortion is a fatal termination of this process. ”

“ While the medical profession is thus striving, for scientific reasons, to diminish the practice of abortion, it is evident that the determination of what is right or wrong in human conduct belongs to the science of ethics and the teaching of religious authority. Both of these declare the Divine law, "Thou shalt not kill". The embryonic child, as seen above, has a human soul; and therefore is a man from the time of its conception; therefore it has an equal right to its life with its mother ”

“ Penalties must always be strictly interpreted. Therefore, while anyone who voluntarily aids in procuring abortion, in any way whatever, does morally wrong, only those incur the excommunication who themselves actually and efficaciously procure the abortion. And the abortion here meant is that which is strictly so called, namely, that performed before the child is viable. For no one but the lawgiver has the right to extend the law beyond the terms in which it is expressed. ”

“ Sometimes the embryo, instead of developing in the uterus, remains in one of the ovaries, or gets lodged in one of the Fallopian tubes, or is precipitated into the abdomen, resulting, in any of these cases, in an ectopic, or extra-uterine gestation. This almost invariably brings on the death of the fœtus, and is besides often fraught with serious danger to the mother. Even if an ectopic child should live to maturity, it cannot be born by the natural channel; but, once it has become viable, it may be saved by a surgical operation. Most commonly the embryo develops in the uterus ”

“ Heredity, malformation, syphilis, advanced age, excessive weakness, effects of former sicknesses, etc. may be causes of danger; even the climate may exercise an unfavourable influence. More immediate causes of abortion may be found in cruel treatment of the mother by her husband or in starvation, or any kind of hardship. Her own indiscretion is often to blame; as when she undertakes excessive labours or uses intoxicating drinks too freely. Anything in fact that causes a severe shock to the bodily frame or the nervous system of the mother may be fatal to the child in her womb. ”

“ It was long debated among the learned at what period of gestation the human embryo begins to be animated by the rational, spiritual soul, which elevates man above all other species of the animal creation and survives the body to live forever. The keenest mind among the ancient philosophers, Aristotle, had conjectured that the future child was endowed at conception with a principle of only vegetative life, which was exchanged after a few days for an animal soul, and was not succeeded by a rational soul till later ”

“ An edict of the French King Henry II in 1555, renewed by Louis XIV in 1708, inflicted capital punishment for adultery and abortion combined. To-day the French law is much less severe. It punishes the abortionist with imprisonment, and physicians, surgeons, and pharmacists, who prescribe or furnish the means, with the penalty of forced labour. For England, Blackstone stated the law as follows: "Life is the immediate gift of God, a right inherent by nature in every individual; and it begins, in contemplation of law, as soon as an infant is able to stir in its mother's womb. ”

“ By use of the forceps, by skill acquired in version, by procuring premature labour, and especially by asepticism in the Cæsarean section and other equivalent operations, medical science has found much improved means of saving both the child and its mother. Of late years such progress has been made in this matter, that craniotomy on the living child has passed out of reputable practice. But abortion proper, before the fœtus is viable, is still often employed, especially in ectopic gestation; and there are many men and women who may be called professional abortionists. ”

“ Viability may exist in the seventh month of gestation, but it cannot safely be presumed before the eighth month. If the child survives its premature birth, there is no abortion; for this word always denotes the loss of fœtal life. ”

“ For if a woman is quick with child, and by a potion, or otherwise, killeth it in her womb, or if any one beat her, whereby the child dieth, and she is delivered of a dead child; this, though not murder, was by the ancient law homicide or manslaughter. ”

“ On the part of the father, syphilis, alcoholism, old age, and physical weakness may act unfavourably on the offspring at any time of its existence. The frequency of accidental abortions is no doubt very great; it must differ considerably according to the circumstances, so that the proportion between successful and unsuccessful conceptions is beyond the calculation of the learned.
Intentional abortions are distinguished by medical writers into two classes. When they are brought about for social reasons, physicians style them criminal ”

“ Of course provision must be made for the child's spiritual as well as for its physical life, and if by the treatment or operation in question the child were to be deprived of Baptism, which it could receive if the operation were not performed, then the evil would be greater than the good consequences of the operation. ”

“ In the United States, legislation in this matter is neither strict nor uniform, nor are convictions of frequent occurrence. In some of the States any medical practitioner is allowed to procure abortion whenever he judges it necessary to save the mother's life. ”

“ In regard to the decisions of the Roman tribunal quoted above it is proper to remark that while they claim the respect and loyal adhesion of Catholics, they are not irreformable, since they are not definitive judgments, nor do they proceed directly from the Supreme Pontiff, who alone has the prerogative of infallibility. ”