Such being the practical importance of medical jurisprudence, it might at first be presumed, that it would hold a prominent place in any course of medical education. It should be considered, however, that in relative importance, it is inferior to other branches of medicine, for while it is the daily duty of the practitioner to prescribe for the sick, he may pass his life without being called to give his testimony in a court of justice. Hence it is that instruction in medical jurisprudence has been greatly neglected in all our schools; being entirely omitted in some, and confined to a few desultory lectures in others. Probably not a question is asked concerning it at the final examination of the student, and he goes away with the impression that it is of very little consequence whether he knows anything about it or not. Thirty years ago, so ignorant were even well-educated men in England of the nature and objects of this science, that for aiding to establish a chair for its regular teaching in the university of Edinburgh, the ministry were charged with being guilty of the most ridiculous folly, and treated very much as if they had founded an institution for the propagation of animal magnetism. But if the schools. are greatly in fault in this matter, it is not, in this country, to be laid altogether at the door of the profession, while the correcting power is partly possessed and entirely controlled by the legislature. The schools being independent of one another, and relying solely on themselves for support, they are very cautious how they raise the qualifications for their diploma, since the certain effect of such a measure would be to swell the classes of their more indulgent rivals, at the expense of their own. Nothing but the strong arm of the legislature can regulate medical education, and raise the healing art to the rank and dignity of a liberal science. It is a lamentable fact, however, that this power which might be so beneficially used, has been repeatedly exerted for just the opposite purpose. The most arduous efforts of zealous

and highminded members of the profession, to improve the condition of medical education, have been constantly baffled by that levelling spirit which looks with jealousy, not only on wealth and power, but even on knowledge; and not content with defeating their measures, it has made them a fresh occasion for lowering the standard of attainments, and degrading the profession in the estimation of intelligent

men.

Supposing, however, the schools to have done their duty on this subject, and that the student goes out as capable of rendering his services to the community in medical jurisprudence, as in any other department of medicine, he soon finds that they are comparatively little needed, and the consequence is that those studies, which are of frequent practical application engross his attention, while others are neglected and finally forgotten. In a branch of medicine so progressive as this is, old attainments, however complete they may have been at the time they were made, will scarcely save one from the commission of gross, fatal mistakes. If he have to investigate a case of poisoning, for instance, he must be acquainted with the subject of chemical tests, not as it was twenty, or ten, or even five years ago, but as it is at the present moment, if he would avoid the risk of doing incalculable, irretrievable harm. And so of every other medico-legal question. But even supposing the occasions for using his knowledge were sufficiently frequent to maintain and extend it; yet when we consider the great extent of the field which the practitioner is obliged to cultivate, in order to discharge his daily duties with tolerable credit,— that he is obliged to unite in his single person, the physician, the surgeon, the accoucheur and apothecary, it would seem as if he had quite enough on his hands without being burdened with an additional branch of business.

We see no other remedy for the evil in question, but a farther division of labor by which the duty of making such

medico-legal investigations, as are required for judicial purposes, should be assigned to a distinct class of medical men examined and licensed by proper authorities. They will have been prepared by a complete course of study in medical jurisprudence, theoretical and practical; and if they alone are permitted to give opinions in evidence, then will such medical opinions be, what they always should be, the result of profound knowledge and deliberate investigation, instead of being as they too often now are conjectures of the moment, founded on deficient information and hastily and carelessly formed. It would seem to be a principle of common sense and of justice, that opinions which involve the life and reputation of a man should proceed from those whose studies and experience render them competent to perform the duty, not those who are destitute of all qualifications for the purpose. It surely cannot be a satisfactory objection to this view of the subject, that the privilege of crossexamination provides a sure means of exposing ignorance and detecting falsehood, and that parties can avail themselves, if they please, of the evidence of the most competent men in the profession. Supposing the medical witnesses of every variety of qualification have given their testimony in a criminal case, (admitting that the accused has had the pecuniary means of obtaining the services of an eminent witness, as in a great majority of instances he certainly would not), and been baited by the counsel in the case, till neither of them, perhaps, was fully aware of what he was saying, how, it may be asked, are the court and jury to sift the heterogeneous mass of truth and error, contradiction and inconsistency which the examination has elicited? They will do probably what was done in the memorable case of Donellan, who was tried and executed for poisoning sir Theodosius Boughton. The issue of the case turned on. certain pathological changes that were found on an examination of the body some time after death. Three or four 20

VOL. XXIV.-NO. XLVIII.

physicians on the side of the government attributed them to poison administered during life, while the celebrated John Hunter declared that they were entirely the result of putrefaction, affording no ground for the suspicion that the deceased was poisoned. Of course the witnesses here all stood upon the same footing; the court and jury could not resolve themselves into a committee to examine into the extent of their respective acquirements in medical knowledge, and so were obliged to take the only course that was left for them, -to be governed by the opinions of the majority, which opinions are now considered to have been entirely wrong, and the execution of Donellan, consequently, a judicial homicide.

The plan we recommend has been adopted in Germany, and its provisions are often practically made use of in France. There seems to be nothing in it incompatible with our modes of civil or criminal procedure, or at variance with the general spirit of our institutions. The legislature has unquestionably the right to enact, that medical opinions shall not be given in evidence by any other than experts, and to prescribe the qualifications, duties, and mode of appointment of these functionaries. But whether the evil be so readily susceptible of a cure or not, we hope we have at least succeeded in making it appear, that it is not entirely to be laid at the door of the medical profession.

I. R.

ART. IV. OF THE DUTY OF SOCIETY IN REGARD TO CRIMINAL LEGISLATION AND PRISON DISCIPLINE.

[From Combe's Lectures on Moral Philosophy, Lecture xiv.]

I PROCEED to consider the duty of the highest class of minds, or that comprising individuals in whom the moral and intellectual organs decidedly predominate over those of the inferior propensities, in regard to criminal legislation and

prison discipline. ample moral and intellectual powers, with as much of the lower elements of our nature as are necessary for their wellbeing, in the present sphere of existence, but not so much as to hurry them into crime. Such individuals, therefore, have a great deal of power committed to them by the creator, and we may be permitted to presume that he will hold them responsible for the use which they make of it. I regret to observe, that through lack of knowledge, this class has hitherto fallen far short of their duty, in the treatment of criminals. In my last lecture, I remarked, that as revenge is disavowed by christianity, and condemned also by the natural law of morality, we should exclude it entirely, as a principle, in our treatment of criminals; but that, nevertheless, it may be detected mingling more or less with many of our criminal regulations. I proceed to illustrate this position, and to point out its baneful consequences.

This class has received from providence

In committing men to prisons in which they shall be doomed to idleness, in compelling them to associate, night and day, with each other, (which is the most effectual method of eradicating any portion of moral feeling left unimpaired in their minds), and in omitting to provide instruction for them, society seems, without intending it, to proceed on the principle of revenge, almost exclusively. Such treatment may be painful, but it is clearly not beneficial to the criminals; and yet pain, deliberately inflicted, without benefit to the sufferer, is simply revenge. Perhaps it may be thought that this treatment will serve to render imprisonment more terrible, and thereby increase its efficacy as a means of deterring other men from offending. No doubt it will render it very terrible to virtuous men, to individuals of the highest class of natural dispositions, because nothing could be more horrible to them, than to be confined in idleness, amidst vicious, debased, and profligate associates; but this is not the class on whom prisons are intended to operate