Physicians worthy of their noble profession should strive to remove such
gross and mischievous ignorance. In many of the United States the law
casts its protection around an unborn infant from its first stage of
ascertainable existence; no matter whether "quickening" has taken place
or not, and consequently no matter what may be the stage of gestation,
an indictment lies for its wilful destruction (Wharton and Stillé,
p. 861). "Where there has been as yet no judicial settlement of the
immediate question, it may be reasonably contended that to make the
criminality of the offence depend upon the fact of quickening is as
repugnant to sound morals as it is to enlightened physiology" (ib.).
"That it is inconsistent with the analogies of the law is shown by the
fact that an infant, born even at the extreme limit of gestation after
its father's death, is capable of taking by descent, and being appointed
executor" (ib.). Dr. Hodge adds this sensible remark: "It is _then_ only
[at conception] the father can in any way exert an influence over his
offspring; it is _then_ only the female germ is in direct union with the
mother--the connection afterwards is indirect and imperfect" (ib.). The
fact, therefore, is now scientifically established that the embryo from
the first moment of conception or fecundation is a human being, having a
human immortal soul.

II. Now we come to the direct study of abortion. Abortion, or
miscarriage, strictly means the expulsion of the fœtus before it is
viable, i.e., before it is sufficiently developed to continue its life
outside of the maternal womb. The period of arrival at viability is
usually after the twenty-eighth week of gestation. When birth occurs
later than that period, and yet before the full term of nine months, it
is called _premature birth_, which is altogether different from
abortion; for it may save the life of the child, which abortion always