Note 146 — OF THE PRESERVATION OF PUBLIC HEALTH.
Reading edition
The case of the King v. Taunton, in the King’s Bench, was to this effect. Mr. Taunton vaccinated his own children, was one of the first subscribers to the London Vaccine Institution, and has been constantly on the Board of Managers of that charity. At the same time he felt it his duty to inoculate such for the Smallpox, who through prejudice, or otherwise, refused vaccination. Many of the poor who applied for gratuitous advice, applied also for inoculation for the Cowpox, and some for the Smallpox.
On the 19th June, Mr. Taunton was arrested on the Lord Chief Justice’s warrant. He gave bail, and directed his attorneys to defend the cause, which was to have been tried on Friday, December 8th, in the Court of King’s Bench, where Mr. Taunton attended with his witnesses. Sir William Garrow, the Attorney General, and counsel for the plaintiff, stated to the Court, that he should not proceed in the present case, as he learnt that the defendant had given notice, with every inoculation, not to expose their children while the disease was out.
“God forbid,” said he, “that those who have the Smallpox should not be attended in their own houses by any person they choose; but they must not be carried about the street to the destruction of others.”
Mr. Justice Bayley.—“I hope it is sufficiently notorious, that the causing persons to pass through the streets, who may have that disorder upon them, although they are going for medical advice to some person in whom they may have confidence, is an indictable offence; and if that person, instead of attending them at their own houses, as he might do, chooses to direct that they shall, from time to time, be brought, or come to him, there is no question that he is liable to an indictment.”
Mr. Attorney General.—“The few sentences that your lordship has pronounced now, are of the last importance to the community.”
Mr. Justice Bayley.—“Mr. Taunton should intimate that he is ready to attend those persons at their own houses.”
Mr. Pollock.—“I understand that is part of the notice, that he is willing to attend such patients at their own houses.”